13 Investigates: Potential judicial oversight in Havana Grill murder suspect’s criminal past

COLORADO SPRINGS, Colo. (KRDO) -- Court records uncovered by 13 Investigates reveal a potential oversight in a Colorado Springs murder suspect's criminal record.

Carnel Davis, 41, was arrested on August 23 for allegedly shooting and killing 37-year-old Glenn Fruster at Havana Grill on the morning of August 19. Davis was charged with one count of Murder in the First Degree. He's currently in the El Paso County Jail on no bond.

13 Investigates learned Davis was a convicted felon at the time of the Havana Grill attack, he had previously been charged with criminal mischief, assault, and another crime committed at the same bar.

In August 2021, Davis pleaded guilty to wielding a gun at the same Havana Grill in August, 2021. According to court records, Davis brought a semi-automatic handgun to the bar and threatened to "shoot the place up."

On February 1, 2022, three days before signing a plea agreement given by District Attorney Michael Allen that sentenced him to a two-year deferred sentence, court records allege that Davis threatened to kill his ex-girlfriend.

He allegedly damaged hundreds of dollars worth of his ex-girlfriend's belongings. Davis was charged with criminal mischief, a class-six felony, and assault.

Through the plea agreement, Davis received probation. Due to him being a convicted felon, he was not supposed to possess a weapon.

According to Davis' plea agreement, if he were to commit a new crime "between now and the time of sentencing," the deferred sentence "shall not apply."

The plea agreement says committing a new crime would be a "material breach of this agreement," and the district attorney would have the discretion to withdraw the agreement.

"On this case was there an oversight? Absolutely," Colorado Springs attorney Jeremy Loew said. "It's almost impossible to guess that this person is then going to commit murder. If this warrant was in place, it should have been located prior to the plea being taken."

Davis was arrested and booked into jail on the new felony charges on the same day he signed the plea agreement.

Loew said a pre-sentencing investigation in Davis' record by the DA's office likely would have spotted the warrant and would have been able to withdraw it like the plea agreement says.

"Mr. Davis plead, did not have a pre-sentence investigation report, and then was immediately sentenced," Loew said. "If he had that pre-sentence investigation report, which is at the discretion of the district attorney, they likely would have caught that he had this open felony warrant."

Court documents say Davis was originally placed on a no bond status, but was given a $4,000 surety bond on February 3 and was released.

13 Investigates reached out to the 4th Judicial District Attorney's Office on how Davis was not revoked according to what his plea agreement says. A spokesperson previous told 13 Investigates:

"With his current charges, it would not be appropriate for me to discuss in any detail past or pending charges as we are in the beginning of a homicide investigation."

Howard Black, 4th Judicial District Attorney's Spokesperson