Teen charged with murder in botched Fairfield robbery first faces theft indictment

Nov. 27—A Cincinnati teen remains behind bars and under indictment for a September shooting death in a Fairfield parking lot that prosecutors say killed a co-conspirator, but first he faces felony theft charges in Hamilton County.

Zakariya K. Davis, 18, was arrested Nov. 15 in Kentucky by Fairfield Police with the assistance of the state and local departments on a Butler County grand jury indictment for his part in a robbery attempt that turned deadly on Sept. 7.

Davis is charged with murder, aggravated robbery and felonious assault. Davis waived extradition from Kentucky and was transported to the Hamilton County Jail where he is under indictment for felony theft.

According to court records, Davis is accused of stealing $2,100 from United Dairy Farmers on Kellogg Avenue in Cincinnati while working at the store between March 25 and April 15.

Duskin, 19, died of gunshot wounds after shots were fired and a car he was in crashed into a semi-trailer in the rear parking lot of 4605 Dixie Highway, according to the county coroner's office and Fairfield Police. That address is a Goodwill store.

Four days after the homicide, police said the initial investigation determined that individuals exchanged gunfire during an attempted robbery.

Butler County Prosecutor Michael Gmoser said the robbery involved a meet up to allegedly sell some tennis shoes. Duskin was shot and killed by a man who fired in self-defense when he and Davis tried to rob the man, according to prosecutors.

"He was indicted for murder because under the laws in Ohio, if you are involved in a crime that results in the death of another person you are subject to being charged with responsibility of the death of that person," Gmoser said. "If you are engaged in conduct that is a felony and it is violent behavior and somebody ends up getting killed in the process, even if it is one of the partners in crime, you are going to be held responsible for that death."

At about 9:57 p.m., officers responded to a report of a shooting and armed robbery in the area of Symmes Road at McGreevy Drive, police said. A female caller at a nearby drive thru called 911 reporting shots fired in the area of Dominos.

"I do believe the clip got emptied, but I am not sure," the caller said. Police said the robbery did not involve any businesses or employees.

She told the dispatcher a man in a red hoodie ran across the drive thru.

"I thought it was creepy so I walked out, and he said 'they just tried to rob me' and he started firing a gun," the caller said.

A male told the dispatcher he saw two vehicles, one of which crashed, and another fleeing from the parking lot near Dominos.