NEW DETAILS: Bond set for woman shot by Dayton police officer

A $200,000 bond was set in a case against a woman who was shot by a Dayton police officer last week.

Damika Legrand, 28, remains in the Montgomery County Jail and is charged in Dayton Municipal Court with felonious assault. She is due back in court on Friday, according to court records, and an attorney for Legrand was not listed in the case as of Monday.

ExploreIncident where woman tried to hit 911 caller with car, was shot by officer happened in 4 seconds, police say

Around 10:40 p.m. Thursday, a woman in the 1700 block of Newton Avenue called 911 and told dispatchers she was arguing with her child’s father and was in fear for her life, Lt. Col. Eric Henderson said.

The woman reported she was being stalked by the man and had been fighting with him over a set of house and car keys. Legrand is the man’s current girlfriend, Henderson said.

Two officers responded a few minutes later and parked on Newton Avenue near Otterbein Avenue. As they were walking up, they heard people arguing in front of the home, Henderson said.

They also saw a red Chevrolet Impala with its engine running that was parked against the curb in front of the home.

Legrand allegedly accelerated toward the woman, who was standing on the sidewalk, according to court documents. The car jumped the curb toward the woman, but she was able to back out of its path.

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Damika L. Legrand. Photo courtesy Miami Valley Jails.

Damika L. Legrand. Photo courtesy Miami Valley Jails.

Combined ShapeCaption
Damika L. Legrand. Photo courtesy Miami Valley Jails.

As the vehicle accelerated, officer Joshua Gundaker fired three rounds. Legrand drove back onto the street and fled in the car, Henderson said. He said the incident took place in a matter of four seconds.

At 10:50 p.m., Legrand called 911, reporting she was shot and had her daughter in the vehicle.

The child was not injured but was taken to Dayton Children’s Hospital to be examined. Police contacted children’s services, Henderson said, and the girl was placed into the custody of a relative.

Medics rendered aid to Legrand and transported her to the hospital. She was released shortly and taken to the Montgomery County Jail.

Henderson said there is no indication the officer knew there was a child in the back of the Impala. The car reportedly had dark-tinted windows. He also said it was unclear whether that knowledge would have changed the officer’s decision.

“Obviously everything impacts the decision officers make,” Henderson said. “So they take all the influences and try to process that through during these incidents.”

Gundaker was placed on paid administrative leave pending an investigation by the Dayton Police Department’s Professional Standards Bureau.

Gundaker has worked as a Dayton police officer for a little more than two years and has four written commendations and one written reprimand, according to a performance history summary from Dayton police.

The reprimand said that in June 2020 he was escorting a prisoner from a medical facility to a cruiser without handcuffing the prisoner. The prisoner fled from his custody but was captured after a brief foot pursuit.

The officer was commended for his work in helping track down an alleged sex offender, for his work on two cases where he helped track down alleged kidnappers and for his actions in January 2020 when he helped residents trapped in an apartment complex that was on fire.

The rescue commendation says five officers were called to a breaking and entering on West Grand Avenue.

“While there, you heard cries for help coming from 320 Grafton Avenue and observed a fire on the third floor,” the commendation says. “All five officers entered the apartment building and notified residents of the fire and escorted them out. Numerous residents were trapped on the third floor and wanted to jump to the concrete below. Knowing they would be injured, you talked numerous residents into waiting for the fire department to rescue them with ladders.”

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