Case Update:  Friday, July 30, 2010 10:07 a.m.

The suspect has been identified as Zavier Marquis Davis. He is currently in stable condition at Carolinas Medical Center recovering from a gunshot wound to the upper part of both legs. Mr. Davis has been charged with 2 counts of Robbery with a Dangerous Weapon, 4 counts of Kidnapping, and 1 count of Possession of Firearm by Felon.  Once he has recovered from his injuries, he will be transported to the Mecklenburg County Sheriff’s Office, where he will remain in custody.

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Detectives with the Charlotte-Mecklenburg Police Department Homicide Unit and Robbery Unit are conducting an investigation into a robbery and subsequent officer involved shooting at the Wendy’s Restaurant, located at 4335 Park Road in the Westover Division.  The incident was reported at 1:39 a.m., on Friday, July 30, 2010. 

Westover Division officers responded to a call for service in reference to a robbery in progress at Wendy’s.  The manager heard a commotion coming from the counter area and dialed 911 to report the incident.  Multiple patrol units responded to the scene.  The first officer on scene, Orville Payne III, encountered a suspect armed with a handgun leaving the back of the store.  Officer Payne III fired his service weapon at the suspect, striking him at least once in the left thigh.  The suspect was transported to Carolinas Medical Center with non-life threatening injuries.  A second subject was detained at the scene and has been transported to police headquarters voluntarily for questioning.   A handgun, as well as cash stolen during the course of the robbery, was recovered at the scene.  The employees who were inside of Wendy’s at the time of the robbery are being interviewed at this time. 

Crime Scene Search responded to the scene collect physical evidence.  Detectives with the Robbery Unit and ADW Unit assisted with the investigation from the outset. 

Officer Payne was hired on September 14, 2009, and is currently assigned to the Westover Division, on third shift patrol.  He will be placed on Administrative Leave with Pay, per department policy when an officer is involved in a shooting.  Internal Affairs will conduct a separate parallel investigation into the shooting to ensure that all department policies and procedures were followed.

Anyone with information about this incident is asked to call 704-432-TIPS and speak directly to a Homicide Unit Detective.  Detective Santiago is the lead detective assigned to the case.  In addition, you may also call Crime Stoppers at 704-334-1600.