Ladavious McNair (Supplied)
FULTON COUNTY, Ga. - All charges against a Clark Atlanta University student accused of pulling the trigger during a road rage incident, have been dropped by the Fulton County District Attorney's office.
Ladavious McNair, 32, has been held in custody at the Fulton County Jail charged with aggravated assault, aggravated battery, and possession of a firearm during the commission of a felony since his arrest.
"No one should have to deal with this. No one should have to deal with this in 2024 in America," McNair said.
According to an affidavit, the incident happened in November 2023 near the intersection of Metropolitan Parkway and Ralph David Abernathy Boulevard after some sort of accident. The victim claims a person who police later identified as McNair pistol-whipped him before shooting him in the knee and speeding off.
However, since his arrest, McNair has maintained his innocence. His attorney said there was no way McNair could have been responsible for the shooting because he was in class working on his PhD at the time.
"I've experienced a lot of trauma in this. Experienced things no one should have to experience. No one should have to deal with these things. As a veteran, I served my country and community, and I felt in this moment that my community turned their back and my country turned their back," McNair said.
McNair's classmates and fraternity brothers also raised red flags about the case.
"The profile doesn't match the crime, but they didn't even want to hear it," McNair's fraternity brother, Kenneth Love, told FOX 5 in October.
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Man arrested for road rage, but was he even there?
A metro Atlanta man is in jail charged in pulling the trigger during a 2023 road rage incident. Ladavious McNair’s attorney says there's no way her client is responsible as he was in class working on his PhD at the time.
Atlanta police say the Flock camera system picked up McNair's car in the area around the time of the incident. Those close to McNair say that is because he was on his way to class.
"How can we equate that type of behavior with a road rage incident to a gentleman who was in class at the time pursuing a PhD degree? The math just isn't mathing," Love said.
At a hearing at the Fulton County Courthouse on Friday, a judge sided with McNair, calling the case against him "egregious."
After dismissing the case, Superior Court Judge Kimberly Esmond Adams slammed the DA's office, saying they have had evidence proving McNair's innocence for nearly a year.
"I think this merits a conversation with the district attorney because I agree it's egregious," Judge Adams said.
"The victim contacted my office after the first story aired, and said that it wasn't the guy, and I’ve been telling the detective that," attorney Marsha Mignott said.
Mignott says the victim reached out to her office claiming McNair was not the guy, but says detectives still wanted to make McNair the suspect.
Mignott will push for the detective to be removed from the job and face charges.
"An investigation into all the other cases this tainted officer has touched. How many other Ladavious McNair's are sitting at Rice Street," Mignott said.
"Only one way to make this right, and a handshake might not do. An apology or an ‘I’m sorry’ might not do," McNair said.
FOX 5 reached out to the Fulton County District Attorney's office, but they declined to comment.
FOX 5 was there as McNair was released from the Fulton County Jail on Friday.