KNOXVILLE, Tenn. — A grand jury will consider an aggravated assault charge against a Knoxville man who joined in fighting with a bar security guard last month seconds before the security guard was shot and killed.
Knox County General Sessions Court Judge Judd Davis found probable cause to believe Steven Ray Davis, 36, tried to strangle guard Zachary Herrera early July 2 outside the Pint House on Merchant Drive.
Davis sent the case on to the grand jury, which will meet behind closed doors to determine if Steven Davis should face charges that could result in him standing trial in Knox County Criminal Court.
Early July 2, Davis and a new acquaintance, Kevin Matthews, drove up to the Pint House. It appears they'd just recently met at a strip club in Powell and then had decided to continue the night out at the Pint House, which was close to closing, veteran Knoxville Police Department Detective Tim Riddle testified Monday.
Security video recorded the encounter. Prosecutors played the video for Judge Davis on Monday.
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Matthews walked up close to Herrera, who was standing outside the strip shopping center bar, security video shows. Davis stood perhaps five feet behind Matthews.
Matthews suddenly began fighting with Herrera, and then Davis joined the fight.
Defense attorney Gregory P. Isaacs tried to argue his client was in fact trying to break up the fight and threw no punches. At most, Isaacs said, his client's behavior amounted to a minor assault.
The prosecution, however, argued the security video spoke for itself about Davis's conduct.
Seconds after the fight started, some people stepped out of the bar and some appeared to try to intervene.
Matthews then pulled out a pistol and fired shots, captured by the security video.
Bullets hit Herrera, who later died at University of Tennessee Medical Center, and customer John F. Goosie, who staggered back into the bar and died.
Matthews and Davis fled the scene. Davis was arrested later the night of July 2.
Matthews shot and killed himself July 11 in Jacksonville, Fla., as authorities surrounded the motel where he was staying.
Davis is not accused of the killings.