'Road rage' case now in jury's hands

GRAND RAPIDS, Mich. (WOOD) - The case of a sister and brother accused in the shooting death of a Grand Rapids man after a minor traffic accident is now in the jury's hands.

Lance Byers was gunned down near Saint Mary's Hospital on Feb. 21 after what prosecutors called a "fender bender."

Closing arguments and jury instructions in the case concluded around 1:15 p.m. That followed several witnesses presented by both defense attorneys.

The defense attorneys presented a handful of witnesses, including Rejeanna Davis, both Jountay and Jeanette’s mother.  

Jeanette Davis is accused of pulling the trigger that killed the 42-year-old father. She was a passenger in the car driven by her younger brother, Jountay Davis. He's accused of being an accessory after the fact. Chief Assistant prosecuting attorney Chris Becker referred to him as little more than a getaway driver.  

Friends of Jeanette's took the stand and testified that she was with them drinking straight shots of tequila and watching movies the evening before the shooting. One friend said that when Jeanette got the call the morning of Feb. 21 that her great-grandmother had died and her brother was coming to pick her up, she took a long swig from a bottle of tequila.

The most impactful testimony of the day came from the Davis' mother, who described Jeanette as upset and remorseful.  

She said she did go to pick Jeanette up from her brother’s fiancée’s house in Kentwood in the afternoon after the shooting. She took Jeanette to her great-grandmother’s home, where family had gathered to spend time to grieve that woman’s death.  

"A pastor was there to pray with the family because he was my grandmother's pastor, and my daughter asked for forgiveness," Rejeanna said.   

The prosecutor interrupted and said this was hearsay.

"I was there," the mother said. To which the prosecutor said it was still hearsay.  

Becker was then quick to point out that although Rejeanna knew her daughter had shot Byers for five days she never contacted police -- or encouraged her daughter to.  

“I didn’t feel like I should have to say anything because I didn’t know what was going on, and I wanted her to have a lawyer before I said anything that might go against what she said,” said Rejeanna. “Because I don’t know what happened.”  

Earlier in the trial, Malinowski said Jeanette shot Byers only because he allegedly had put her brother in a headlock and she feared for her brother's safety.

Kent County Medical Examiner Dr. David Start testified Byers' body was turned, possibly toward the inside of his car. The bullet struck him under his right armpit and traveled through both lungs and his aorta.

Closing arguments began in late morning. In his closing statement, prosecutor Becker reiterated that Jeannette Davis' actions had not been in self-defense.

“A reasonable person does not jump out and within a minute or two has a gun out firing over a fender bender,” said Becker. "Are there other ways to get away? Are there other ways to help out before using deadly force?  Deadly force is a last resort. For her, it's option one. Boom -- we're going to fire a round. That's not appropriate. That's not what the law allows."

But Davis' defense attorney said that Davis had been drinking and had been under stress, citing things like threats Jeanette had allegedly gotten in the weeks leading up to the shooting, which he said caused her to act in a way she otherwise may not have.

"It's not whether it's reasonable. When we look at it today, the question is was it reasonable to her at the time, with all the things she was dealing with," said defense attorney James Malinowski.

The jury will need to reach a unanimous decision on if Jountay is guilty of accessory after the fact. They will also need to decide if Jeanette’s actions merit a second degree murder conviction, a voluntary manslaughter conviction, one for assault with a deadly weapon -- or if she’s not guilty.  

Jury selection began Monday with testimony on Tuesday. The prosecution wrapped up its case mid-day Wednesday, and the defense -- separate attorneys for each defendant -- began and ended their presentation Thursday morning.

Outside the Kent County courthouse, a number of friends of Lance Byers held signs to remember him and described this incident as an act of gun violence.

Around 5:40 p.m., the jury announced it would go home for the evening and return at 8 a.m. Friday to continue deliberations.