A Davenport man has pleaded not guilty to charges that he shot a man he said was breaking into his truck last month.

Byron J. Blackwell, 26, waived his right to a formal arraignment and filed a written plea in Scott County District Court through his attorney, Murray Bell, according to court records. 

Prosecutors on Wednesday formally charged him with attempt to commit murder, willful injury resulting in serious injury and going armed with intent.

Attempted murder is a Class B felony punishable by up to 25 years in prison. Willful injury is a Class C felony punishable by up to 10 years in prison, and going armed with intent is a Class D felony punishable by up to five years in prison. 

He will be back in court Dec. 30 for a pretrial conference.

The shooting happened about 3:32 a.m. Nov. 1 in the 1300 block of Division Street, according to police.

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Police say Blackwell was inside his home when he was made aware of a person possibly breaking into his vehicle, which was parked in the alley. He armed himself with a shotgun and confronted the person, a man, inside his vehicle, according to police.

Blackwell pointed the gun at the man, who then ran from the vehicle. He fired one round at the man as he was running away and fired a round at an unknown vehicle leaving the area, according to police.

Police say the man, identified in court documents as Dayvon Freeman, was shot in the back and required emergency surgery. He has since been released from the hospital, Capt. Brent Biggs said Thursday.

Freeman, 23, was charged with third-degree burglary, an aggravated misdemeanor. 

According to an arrest affidavit filed Nov. 16, Freeman broke the passenger-side window to gain access into Blackwell's vehicle and tried to remove the in-dash stereo.

He is free on bond and has a pretrial conference Jan. 11.


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