CLEVELAND (WJW) – A man now facing an aggravated murder charge for the death of a 3-year-old child, was out on bond and on GPS monitoring when the shooting took place.

The FOX 8 I-Team found that Juan Davis Jr. was released on a $25,000 bond on Sept. 19 after entering not-guilty pleas to charges of aggravated burglary, domestic violence, and intimidation of a crime victim or witness. The judge also placed Davis on GPS monitoring but ordered him to stay away from the victim in the case, Katherine Treadway.

But less than 10 days later, he and Treadway were both arrested for a drive-by shooting that killed the 3-year-old boy.

Those two suspects appeared before a judge Monday morning in Cleveland Municipal Court to begin facing murder charges.

According to the prosecutor, Treadway is the victim’s neighbor.

“This defendant is the victim’s neighbor. Allegedly all this started with an argument between this defendant and the neighbor. And this defeat allegedly got the co-dependent to come to the premises,” said the prosecutor.

The shooting happened in the 3500 block of West 66th Street on September 28. 

Police say the drive-by shooting injured an adult and killed the child who’d been sitting in a car seat in a vehicle. A preliminary investigation revealed the boy was inside the car with his mother and 11-month-old brother, and a 31-year-old man was outside the car having a conversation when shots rang out.

(WJW photo)

According to the Cuyahoga County medical examiner, 3-year-old Luis A. Diaz was taken to the hospital where he was pronounced dead. 

Treadway’s attorney argued on behalf of his client to be released on bond, and said, “Record can reflect the fact that she did perform CPR on the wounded child.” The attorney noted that Treadway works as a home health aid.

The judge ultimately decided to issue a $500,000 bond for Treadway and a $2 million bond for Davis Jr.

Davis’ attorney stated: “Mr. Davis denies the entirety of the allegations.”

Police say a 16-year-old boy was also arrested in connection with the murder. The 16-year-old was also wearing a GPS ankle monitor when he was arrested.

Meantime, court records show yet another adult suspect, Devonte Parker, 28, has also been booked into the Cuyahoga County jail on an aggravated murder charge in connection with the death of the toddler.