A charge dismissed without prejudice doesn’t mean the charge has been dropped; rather, the case has been officially dismissed unless the state files new evidence within the statute of limitations — a span of two years in Davis’ case.
From the time of his citation, Davis has his innocence, Schultz said.
Davis entered an innocence plea in June, according to court records.
“Devin has always said it wasn’t his pot,” Schultz said. “Devin passed not one, but two or three drug screens. He was clear. He had no marijuana in his system, so why would that be his pot?”
Davis and former IU forward Hanner Mosquera-Perea, who was not cited but was with Davis in a room in IU’s Hickory Hall at the time of Davis’ citation, were dismissed from the team May 14.
While recovering from a traumatic brain injury Davis suffered on Nov. 1, 2014, after being struck by a vehicle driven by former teammate Emmitt Holt, Davis’ doctors told him he needed to be on his “best behavior,” Schultz said.
Davis’ defense in court was the marijuana wasn’t his, but Schultz declined to comment on how it may have ended up in the former IU player’s backpack.
“It would just be speculation, and we really don’t want to get into speculation.” he said.
Andy Wittry
