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Originally published Thursday, July 14, 2005 at 12:00 AM

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Man shot by police is charged

A man who was shot and wounded after he allegedly assaulted a Seattle police officer last week could face life in prison under the state's...

Seattle Times staff reporter

A man who was shot and wounded after he allegedly assaulted a Seattle police officer last week could face life in prison under the state's "three strikes" law if he is convicted on charges filed yesterday by the King County prosecutor.

Emanual Robert Davis, 48, was charged with first-degree attempted burglary, second-degree attempted robbery and second-degree assault after his arrest Friday. Davis, who was shot in the arm by the officer he allegedly assaulted, was in satisfactory condition at Harborview Medical Center, a hospital spokeswoman said yesterday.

Although Davis was booked into the King County Jail in absentia, bail has not yet been set because he remains in custody at Harborview, charging papers say.

Around 1:45 p.m. Friday, a woman who lives in an apartment in the 1100 block of 17th Avenue returned home and saw a man standing at her front door, according to charging papers. She approached and he quickly walked away. When the woman noticed deep pry marks in the door and door jamb, she yelled at him and began following him, the charging papers say.

When the woman started to call 911 on her cellphone, Davis allegedly tried to grab the phone from her. He then shoved her twice before running away, the charging documents say.

Davis apparently circled the block and was on East Union Street when the woman flagged down an officer responding to her 911 call, charging papers say.

According to one witness, Officer David Deluca got out of his patrol car to confront Davis, who then charged the officer, punching him several times in the face, the papers say. The two exchanged blows and Deluca sprayed Davis with pepper spray, but it had no effect, the charging papers say. The struggle continued, and the officer "went to the ground" twice, the second time injuring his right hand. By then, Officer Whitney Lewis had arrived.

When Deluca got up, he saw Davis reach behind himself as if to pull a weapon from his waistband, the papers say. Both Deluca and Lewis drew their weapons and ordered Davis to drop the object in his hand, the papers say.

Davis apparently ignored the commands, turned and then spun back to face Deluca and threw what turned out to be a 16-inch screwdriver at the officer's head, charging papers say. The officer fired a single shot, striking Davis in the upper arm.

Deluca, who has been with the department since 2001, was first placed on medical leave. It is expected he will be put on administrative reassignment while the shooting is investigated, as is routine, according to the Seattle Police Department.

Davis was released from prison a year ago after serving nearly four years for second-degree robbery, a state Department of Corrections spokesman has said. Since November, Davis has been arrested twice for allegedly violating conditions of his release from prison, according to King County Jail records.

Davis has prior felony convictions dating to 1996 for second-degree robbery, residential burglary, unlawful possession of a firearm and forgery, charging papers say.

If convicted on any of the charges filed yesterday, Davis "would qualify as a persistent offender, subject to a sentence of life imprisonment without parole," the papers say.

Sara Jean Green: 206-515-5654 or sgreen@seattletimes.com

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