Family of CAU student claiming mistaken identity in road rage shooting surprised by indictment

ATLANTA — A Clark Atlanta University student accused of shooting another driver during a 2023 road rage incident will remain in jail after a grand jury indicted him late last week on numerous charges.

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Ladavious Dashawn McNair, 32, who has been held in the Fulton County Jail since Oct. 4 on one count of aggravated battery, two counts of aggravated assault and one count of possession of a firearm during the commission of a felony, was scheduled to appear in court Monday for his preliminary hearing, but he never made it because he was indicted by a grand jury last Thursday.

The indictment prevented Judge Brandy Brooks from considering a bond due to the severity of the charges, which require a superior court judge to make that decision.

“We were scheduled for a preliminary hearing this morning, and Mr. Mcnair was supposed to have his day in court,” said McNair’s attorney, Marsha Mignott, who was surrounded by dozens of people who came out to show support for her client.

“We were ready. We had witnesses ready to present evidence that he is not the person who was the suspect on November the first of 2023.”

Mignott told Channel 2′s Michael Seiden that she and her client’s family were “blindsided” by the indictment.

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“What this district attorney’s office did is rushed and indicted this case unbeknownst to our office and unbeknownst to the judge this morning,” she added. The plan now is to file an emergency motion for a bond hearing. We’re also going to be filing a speedy trial. If you think Mr. Ladavious McNair is guilty beyond a reasonable doubt and you can prove it, then let’s not wait. Let’s try his case.”

Mignott also told Channel 2 Action News that she will now file a motion for a speedy trial.

Jeff DiSantis, a spokesman for District Attorney Fani Willis, pushed back against the claims that this was a rush to judgment and that prosecutors did not notify McNair’s lawyer about the indictment.

“This office makes charging decisions based on the facts shown by the investigation and the applicable law,” wrote DiSantis.” We will try the case in court, not in the media. As for the defense lawyer’s claim that she was unable to talk to our office, a prosecutor assigned to the case attempted to contact her multiple times. For whatever reason, the defense lawyer chose not to return the calls and emails that were sent to her by this office.”

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McNair’s fiancée, Nyla Thornton, was among dozens of supporters who packed the courtroom. She got emotional as she criticized the investigation and the prosecution.

“I’m at a loss for words,” said Thornton. “It’s an injustice to have an innocent man sitting in jail. It’s unrealistic, it’s inhumane. "

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