Tevyn DavisTestifies

Tevyn Alonza Davis testifies at his murder trial Tuesday afternoon, December 11, 2018. Davis is accused of shooting Michael Hodges and Jesse Anderson during an early morning fight outside the former Bojangles nightclub on Sept.4, 2016. Hodges, who was Anderson's cousin, died of his injuries. Anderson survived.

The retrial of Tevyn Alonza Davis, the man accused of killing a Fairbanks man and critically injuring another in a nightclub shooting almost three years ago, has been delayed in light of new evidence.

Davis is charged with two counts of first-degree murder, two counts of second-degree murder, first-degree assault and second-degree weapons misconduct. According to the prosecution, Davis shot 27-year-old Michael Hodges and his cousin Jesse Anderson after a bar fight spilled outside of Bojangle’s nightclub in the early morning hours of Sept. 4, 2016. Hodges was killed but Anderson survived after lengthy stay in the hospital.

Davis’ first trial ended with a hung jury Dec. 18, 2018, after 15 days of testimony and 3 1/2 days of deliberation. The first trial was prosecuted by now-Deputy District Attorney Risa Leonard. The retrial was assigned to Assistant District Attorney Elizabeth Crail on July 11.

According to a brief filed in Fairbanks Superior Court on Friday, Crail reviewed the file the weekend after receiving it and noticed a comment by a witness in November 2017 that Davis had purchased a second gun at Alaska Ammo about a month before the shooting.

Facebook photos of Davis prior to the first trial showed him posing with two guns — one black and one silver — but Davis testified he borrowed the silver gun from a friend for the photo. Witnesses described the weapon used in the shooting as silver, and that weapon was never recovered. Davis’ ex-girlfriend testified he disposed of it in the Chena River shortly after the shooting.

Davis’ defense notified the state July 17 that they would like to discuss a plea agreement. After some negotiation back and forth, an agreement was reached between both parties and a plea hearing was scheduled for July 25. The night before the hearing, Davis’ defense notified the prosecution that Davis had changed his mind. A new trial date was set for Aug. 5.

Fairbanks police detectives followed up on the witness statement about Davis’ second gun and discovered he purchased a silver Kahr Arms CW40 model .40 caliber pistol on July 27, 2016, five weeks before the nightclub shooting.

When contacted by police July 31, a Kahr Arms engineer said that the company did not keep records on individual gun testfires, but marks on shell casings recovered at the scene were unique to the Kahr C-series pistols.

Davis’ attorney was notified about the new information July 31 and requested a status hearing. Superior Court Judge Michael McConahy pushed back the jury selection process a day and an evidentiary hearing was conducted Monday morning. McConahy found sufficient reason to delay the trial and scheduled a trial date scheduling conference for 2:30 p.m. Oct. 10.

Contact staff writer Dorothy Chomicz at 459-7582. Follow her on Twitter: @FDNMcrime.