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Attempted murder dismissed in shooting
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A Centertown man was sentenced to serve half a year in jail for shooting a man he said was trying to force his way into his house.
The defendant, Kenneth L. Davenport, 39, entered a guilty plea before Circuit Court Judge Bart Stanley to the charge of aggravated assault. He was ordered to serve 180 days of a four-year sentence and will begin serving his time this afternoon. The charge of attempted second-degree murder was dismissed as part of his plea bargain.
His sentence comes following an altercation at his home on McQuade Circle in April 2010. It was on that night the victim, Jimmy Carl Russell, 30, was shot in the back of the shoulder. Davenport maintained he shot the man with his 12-gauge shotgun as he was trying to enter a window of his home. However, the blast hit the victim in the back of the shoulder causing issues with his self-defense claim.
According to deputies who responded to the shooting, the area was “hectic” when they arrived to answer the call. They say Davenport had been beaten up at some point around the time of the shooting and there was “screaming and cussing” still going on when they arrived.
It is believed the chain of events which led to the shooting began as the victim was working with others on a car nearby. Davenport and Russell came into contact and words were exchanged.
Investigators say at some point the words brought Russell to confront Davenport on Davenport’s property. Davenport still maintains the shooting was in self-defense.