Indiana Supreme Court rejects Curry misconduct complaint in Perry Renn shooting

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INDIANAPOLIS (Dec. 31, 2014) - The supporters of accused cop killer Major Davis II first took on his alleged victim, claiming that if Indianapolis Metropolitan Police Department Patrolman Perry Renn had "stayed in his car," he would not have been shot.

Then Cynthia Davis and her advisor Mmoja Ajabu falsely claimed that the media fabricated her apology for the statement.

Now the mother of the man facing a murder charge has attacked the prosecutor trying to send her son to death row.

The Indiana Supreme Court Disciplinary Commission has turned down Cynthia Davis' request for an investigation into alleged misconduct by Marion County Prosecutor Terry Curry.

"After reviewing the complaint, we have determined that is does not raise a substantial question of misconduct that would warrant disciplinary action," wrote Executive Secretary G. Michael Witte to Davis on Dec. 5. "Our office has no jurisdiction or authority to review the prosecuting attorney's exercise of the very discretion that was entrusted to him/her by the voters."

"The complaint form recites what purports to be an email," said Curry, "from essentially a crime lab person regarding whether fragments found in the abdominal area of Officer Renn during the autopsy were bullet fragments or something other than bullet fragments and from the complaint jumping to a conclusion that somehow that relates to the cause of death."

Davis' complaint cites "a report from a firearms examiner who 'noted that the spent...fragments....were not from a bullet but possibly from the damaged canister of CS spray the officer carried on his gun belt."

The complaint goes on to claim "...before he filed the death penalty (Curry) knew, or should have known that the fragments that killed Officer Renn did not come from any bullets fired by Major Davis II. For the Prosecutor to file to kill Major for killing Officer Renn when science proves otherwise is highly unethical and possibly criminal."

Davis based her complaint on a copy of the Marion County Coroner's Verdict into Renn's death.

Curry told FOX59 News that Davis and her advisors took the verdict's findings out of context to fit their complaint.

"What I can reiterate at this point is what is in the public record," he said, "and that is as set forth in the probable cause, the autopsy determined that the cause of death was that Officer Renn received three gunshot wounds, the fatal one of which was a gunshot wound that entered under his right armpit and then penetrated his right lung and heart."

"The complaint makes reference to an email that again is focused on one small aspect of the otherwise complete autopsy of Officer Renn and the coroner has determined cause of death. If Major Davis' family and defense counsel believes that there is some alternative argument that could be made they can make that at the trial of this case.

"I'll give them the benefit of the doubt that they are advocating on behalf of their family member, but ultimately this is not the forum to have that debate."

FOX59 News conducted a brief interview with Cynthia Davis at her east side home.

"Is that a good thing or a bad thing?" she asked when told about the complaint and the commission's refusal to investigate. "It is my story and I think the whole world should know there's things that you all do not know about."

When asked what additional facts have not yet come to light, Davis said, "I'm not gonna tell you that," before promising to conduct a one-on-one exclusive interview with FOX59 News this afternoon.

Two hours later her advisor, Ajabu, backed out of the interview commitment with a claim that a public statement with reporters would soon be forthcoming, possibly to coincide with Davis' next court appearance on Feb. 6.

Cynthia Davis and her son's girlfriend, Latosha Ruffin, were targeted by IMPD and the HUD inspector general during an Oct. 9 raid as part of a public housing fraud investigation.

During a search of Ruffin's Beechwood Garden apartment investigators discovered a copy of the Renn coroner's verdict.

It is not illegal for the defendant or his attorney to have such a report.

"The defense always has the ability to request what is generally characterized as the complete autopsy packet, coroner's packet," said Curry, "and that would include materials such as these emails as well and the ultimate conclusions and all the specific detail that has been undertaken in any given autopsy."

Davis' unsuccessful attempt to disqualify Curry from pursuing the death penalty is not the first time that the actions of her son's supporters have met with disappointment.

There was national and worldwide reaction to the Davis camp's admonishments regarding Renn's actions the night of July 5 as officers from several cities and countries posted web videos promising to "always get out of our cars."