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Davion Smith Probable Cause Hearing Off To Slow Start

Two witnesses take stand in hearing to determine whether New London Police Department had sufficient evidence to charge man in November murder

A hearing to determine whether investigators had enough evidence to charge a 19-year-old man in a November murder will continue later this month after only two witnesses took the stand today.

Davion Smith is one of two people charged in the Nov. 12 shooting death of 23-year-old Jorge Rosa. Rosa was shot several times in the chest, torso, and genitals at about 4:17 a.m. in the morning while in the bedroom of his 252 Montauk Ave. apartment.

Officer Benjamin Burbank of the , the second witness to take the stand, said he spoke with Rosa’s girlfriend after hearing her tell another officer that she did not know who shot Rosa. Burbank said the shooting appeared to be a personal matter and that Rosa was unlikely to be able to tell police who shot him since emergency responders were not able to revive him. He said Rosa’s girlfriend became upset and said, “It was my ex-boyfriend, Evan Holmes, and Davion Smith.”

According to court documents, Rosa’s girlfriend said Holmes, 21, and Smith broke into the apartment carrying handguns. She said Holmes was the person who shot Rosa. Both Holmes and Smith have been charged with murder, home invasion, and first-degree burglary.

Holmes was at the Day’s Inn in Old Saybrook. Smith remained at large until March 20, when officers acting on a tip .

Sgt. Lawrence Keating of the New London Police Department said he was working as the midnight street supervisor when the shooting occurred. State’s Attorney Paul Narducci questioned him briefly about a disturbance at a motorcycle club on South Water Street that occurred at about 3:34 a.m. on Nov. 12. Keating said the crowd was dispersing when he arrived and no arrests were made.

According to , this disturbance involved a fight between Holmes and Todd Silva, who lived at the apartment with Rosa and Rosa’s girlfriend. Silva was not in the apartment at the time of the shooting.

Defense attorney Jeremiah Donovan objected to some photos and diagrams admitted as evidence, questioning their relevance. Judge Susan B. Handy overruled the objections.

The hearing was recessed in the middle of Burbank’s testimony because Handy needed to be present at a court matter in Middletown. Narducci said he has five additional witnesses to present evidence. The hearing will resume at 10:30 a.m. on Sept. 20.

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