A Sherwood man shot a spectator at a midnight fight at a Little Rock park between his fiancee and ex-girlfriend to save lives, his and those of other onlookers, his lawyer told a Pulaski County jury Tuesday.
Clevlis Undra Abernathy Jr., 26, regrets not doing more to prevent the August 2018 fight at Boyle Park, attorney Denese Fletcher told the eight men and women gathered before Circuit Judge Cathi Compton to hear evidence in Aberbnathy's trial on charges of first-degree battery and committing a terroristic act. The charges together carry a potential life sentence.
Abernathy, who had a concealed-carry license, opened fire only because he had to, Fletcher said in opening statements.
"He was justified," she told jurors.
Fletcher described the fight as "stupid and immature." The fight, but not the shooting, was recorded on video that has been shown to jurors.
The fighters were 26-year-old Asha Manning, Abernathy's ex-girlfriend, and Shakoriell Burnett, 26, his now wife, both of whom have children with him. Shot four times was 26-year-old Raven Davis of Little Rock, who had accompanied Manning to the fight.
Abernathy surrendered to police three days later and declined an interview. Investigators never found the gun used in the shooting.
Fletcher told jurors Abernathy fired his own gun because Davis was pointing a pistol at him and others supporting Burnett in the August 2018 fight.
"He used the gun to defend himself ... to defend the people she was pointing at," Fletcher said. "She [Raven] knows why he shot her. Because she pulled a gun and pointed it at him."
The attorney has suggested Abernathy is the victim of a conspiracy by Davis' friends to cover up for her, pointing out that if Davis had admitted pulling a gun she would have likely faced felony charges.
Davis' weapon, a 9mm purple pistol, was found at the scene in the wake of the shooting by a friend of Davis and Manning, Jose "Juan" Zamora, 31, of North Little Rock. Zamora said he hid when the shooting started, and found the pistol on the ground after almost everyone else had left the park.
Zamora said he took the weapon for safe-keeping, worried that a child might find it, and intended to return the gun to its owner, whom he guessed to be either Manning or Davis.
Prosecutors Michelle Quiller and Wilson Raines told jurors in opening statements that Manning and Davis had guns that night, with Manning keeping her 9mm pistol in the car. No one saw Davis with a gun at the fight because she never drew the gun, keeping it tucked in the back of her pants, Raines said.
Davis was shot from behind after some spectators intervened on Burnett's behalf, grabbing and striking Manning.
Davis ran to the car to get something to break up the fight, like pepper spray or a baton, and was shot from behind, Raines told jurors.
Proceedings resume at 9:15 a.m. today.
Manning testified that she was on the ground "tussling" with Burnett when she heard the shots and saw Abernathy with a gun spouting "orange fire." She didn't immediately realize that Davis had been wounded, Manning said.
Abernathy's aunt, Fanchon Bone, 35, of Sherwood had ridden to the fight in the car with Davis and Manning, telling jurors she was trying to prevent violence between the women.
"I tried to stop it, but it was bigger than me. I couldn't stop it," Bone told jurors.
She told jurors she never saw either woman with a weapon that night. Bone said she also didn't watch the fight or see who shot Davis because she sat in Manning's car with her cell phone the whole time at the park. Bone said she was in the back seat when Davis suddenly opened the front passenger door, just before being shot.
"She [Raven] turns around and that's when the shots were fired. I hear Asha screaming, and then they brought Raven into the car," Bone said, describing for jurors how Davis collapsed against the car door after she was shot, closing it with her body.