(Above) Google Street View of the Grand Avenue entrance and exit of the parking garage at Grand Plaza Apartments.

By Steven Dahlman

UPDATE 26-Aug-24 – A trial date has been set for September 18. A motion to reconsider a motion to dismiss charges was denied on August 13. However, Assistant Public Defender Andrew Wrona has filed a new motion asking the court to determine if there was sufficient probable cause to arrest Mitchell Davis. If the judge determines that there were not reasonable grounds for the arrest, specific charges or the entire case could be dismissed.

9-Aug-24 – One of two men charged in an armed robbery in a River North parking garage last year has already served seven months in prison but his alleged accomplice, though in custody, is still awaiting trial.

One year and three months after his arrest, Mitchell B. Davis (left) still has no trial date. A hearing was scheduled for April 22, 2024, to set a trial date but that hearing was cancelled. Davis has been incarcerated for so long that a motion was filed to dismiss the charges against him because, under the Illinois “speedy trial” statutes, a person taken into custody must be tried within 120 days.

That motion, filed by Assistant Public Defender Andrew Wrona, was denied but a Motion to Reconsider was filed on June 6, 2024, and will be argued at a hearing on August 13.

Quick arrest after late-night robbery

Davis, age 53, and 32-year-old Duran K. Gladney were arrested within minutes of a late-night armed robbery on April 21, 2023, in the parking garage of Grand Plaza Apartments near North State Street & West Grand Avenue.

Chicago police say Davis and Gladney robbed at gunpoint a 48-year-old man and attempted to rob a 32-year-old man. The victims were waiting for an elevator inside the garage at around 12:30 a.m. when Davis, Gladney, and a third man who was not captured, emerged from a nearby stairwell with handguns, according to Cook County Assistant State’s Attorney Sarah Dale-Schmidt.

Davis allegedly pointed a gun at one of the men while going through his pockets, taking from him three mobile phones, three key fobs, and more than $1,000 in cash. Gladney is said to have pointed a gun with a laser sight at the other victim.

When one of the victims pushed Davis and ran, Davis fired at him but missed. He and Gladney (right) tried to chase the victims, but both were able to get away. Police blocked the garage’s entrance and exit and apprehended Davis and Gladney when they drove up in a car with two guns underneath each seat and the key fobs of one of the victims.

Both were denied bond at a hearing the next day. According to Dale-Schmidt, Davis had a previous conviction for armed robbery and attempted murder during a home invasion in 1997 and committed another home invasion ten months after he was paroled in 2002. Gladney, she said, had six felony convictions, including convictions on two gun charges, robbery, and manufacture/delivery of heroin.

Davis and Gladney were both charged with armed robbery and attempted armed robbery. Davis was also charged with being an armed habitual criminal.

Gladney, who was additionally charged with possession of a firearm by a felon, and previously served a five-year sentence for aggravated robbery, pleaded guilty and was sentenced on December 28, 2023. Since January 2, 2024, he has been serving a ten-year sentence for armed robbery at Pinckneyville Correctional Center. His projected parole date is August 2, 2027.

State needs more time to examine evidence

Davis pleaded not guilty but faces up to 50 years in prison if convicted. He has been trying to get the charges against him dismissed because he has yet to be tried.

The 120-day deadline can be extended if the state has exercised, without success, due diligence to obtain DNA testing results that are material to the case but expects to obtain results at a later date.

At a hearing to extend the deadline another 120 days, Assistant State’s Attorney Sarah Karr told Circuit Judge Kenneth Wadas (left), “There is still quite a bit of outstanding discovery.” University of Illinois Chicago School of Law

Much of the evidence against Davis, according to Karr, is videos. She says they also need more time to study results of DNA analysis.

Davis demands trial despite legal risks

Davis says he has repeatedly demanded a trial but was over-ruled by his court-appointed attorneys and admonished by the judge.

During an arraignment hearing on June 12, 2023, appearing by Zoom from the Cook County Jail, Davis says he tried to speak up to demand a trial and not agree to the continuance requested by his public defender but was interrupted or otherwise could not be heard over Zoom.

He says the court agreed to the continuance despite him stating that he was demanding a trial.

Judge Wadas has told Davis that if he demands a trial, Davis will not have time to examine the evidence against him. But if he still wanted to, he would have to fire his public defender and proceed self-represented.

“It’s going to take a long time for you to be able to see the discovery,” he told Davis at a hearing on July 21, 2023. “You’re not going to be seeing the discovery before trial. But for you to demand trial you’ve got to fire your lawyer and go pro se.”

“Exactly,” Davis replied.

“That’s what you want to do?” asked Wadas.

“Yes,” said Davis.

Davis was allowed to represent himself. However, it is not clear if the public defender’s office has withdrawn from the case. Assistant Public Defender Andrew Wrona did not respond to an email seeking comment.