New York Post

Baby Davell’s slay witnesses gun-shy

- Tina Moore and Aaron Feis

Witnesses to the stray-bullet slaying of Brooklyn baby Davell Gardner may be afraid to come forward for fear of retributio­n by those involved, NYPD Commission­er Dermot Shea said Tuesday.

Department sources previously told The Post a street code of silence and witness worries of being outed by state discovery laws were contributi­ng to a lack of arrests since the horrific July 12 murder.

“I think people know who did that case,” Shea said in a press briefing Tuesday.

He said that authoritie­s are “trying to get prosecutio­ns when you have, at times, lessthan-willing . . . witnesses and other people involved.”

Investigat­ors have said that Davell, two months shy of his second birthday, was a collateral victim of a long-running war between rival Bedford-Stuyvesant gangs.

The toddler was at a family cookout near Raymond Bush Playground on July 12 when a stray slug fatally struck his stomach. Investigat­ors have previously said that two men awaiting trial on unrelated murder cases were suspected in Davell’s killing. But a lawenforce­ment source has since said that one of those men no longer appears to have been involved, while the other remains uncharged.

“I would say we know who does the shooting 80 to 90 percent of the time,” Shea said. “It’s knowing and getting a district attorney to be comfortabl­e with moving forward with the prosecutio­n, with witnesses that sometimes change their story or tell you, ‘This is who did it, but I am not going to court.’ ”

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