GARY — A 31-year-old Gary woman has been charged with voluntary manslaughter following a weekend domestic dispute that left her boyfriend dead inside their apartment, according to the Lake County Prosecutor’s Homicide Task Force.

On June 29, Detectives with the Lake County Prosecutor’s Homicide Task Force secured charges of voluntary manslaughter against Marquita Mychelle Davis, 31, in connection with the June 27 shooting death of Johnathan Tolbert, 34.

Gary Police were dispatched to an apartment in the 3500 block of Washington Street after reports of a shooting. Officers found Tolbert dead inside a bedroom with an apparent gunshot wound to the chest. Davis, who had suffered a gunshot wound to her hand, was transported to a hospital for treatment.

According to the probable cause affidavit, investigators found Tolbert lying between a bed and a wall near a nightstand. A pink Glock 43X handgun was found on the nightstand with a spent casing lodged inside after failing to eject. Detectives also discovered five cell phones on the bed. A jug of milk was found next to Tolbert, with some of the milk appearing to have been poured over his body.

When officers first arrived, body camera footage captured Davis stating that Tolbert had “tried to grab the gun” from her during an argument and that both were shot during the struggle.

However, investigators said Davis’ account changed multiple times during a recorded interview. Initially, she claimed Tolbert had retrieved the handgun from the nightstand before the two fought over it. Later, after detectives confronted her with inconsistencies, Davis admitted she had been the one to retrieve the firearm in an effort to intimidate Tolbert during the argument.

According to court documents, Davis told investigators she and Tolbert had been arguing by text message after she left him at a friend’s house in Chicago instead of picking him up. She said Tolbert eventually returned to the apartment by Uber during the early morning hours and confronted her about leaving him behind.

Detectives noted Davis admitted Tolbert was not an immediate threat when she armed herself. During the interview, investigators repeatedly asked her to demonstrate how the gun discharged in a manner that would have wounded her hand and fatally struck Tolbert in the chest. According to the affidavit, she was unable to recreate a version of events consistent with the physical evidence.

Investigators also reviewed surveillance video from the apartment complex. According to the affidavit, the footage shows Tolbert knocking on the apartment window to obtain a key before entering. Detectives stated the audio does not depict Tolbert yelling aggressively. Instead, a female voice believed to be Davis can reportedly be heard yelling for several minutes before a single gunshot is heard.

The investigation also uncovered text messages exchanged between the couple during the hours leading up to the shooting. The messages reportedly showed the pair exchanging insults and arguing over their relationship, with Davis telling Tolbert to pack his belongings and leave.

After the shooting, Davis told investigators she poured milk on Tolbert because she did not have cold water and was attempting to help him. She also said she tried to wake him, searched unsuccessfully for her phone, sought help from a neighbor, then located her phone, called 911, and attempted CPR while following dispatcher instructions.

Based on the investigation, Detectives concluded there was probable cause to believe Davis escalated the domestic dispute by retrieving the firearm and fatally shooting Tolbert while acting under “sudden heat,” the legal element supporting the voluntary manslaughter charge.

Davis is also charged with a firearm enhancement. If convicted on all counts, she faces up to 50 years in prison.

The investigation was conducted by the Lake County Prosecutor’s Homicide Task Force with assistance from the Indiana State Police, Gary Police Department, East Chicago Police Department, the Lake County Coroner’s Office, and Lake County Crime Scene Investigators.

Anyone with additional information is asked to contact Detective Jason Szemes at 219-755-3855.

All defendants are presumed innocent unless and until proven guilty in court.