Cincinnati, OH — A tragic confrontation in October 2023 has led to criminal charges, a wrongful death lawsuit, and renewed scrutiny of gig-worker safety after a man was fatally choked during an argument involving a DoorDash driver and her boyfriend.
According to court documents, 26-year-old Lavontez Davis admitted to choking Jason McKinnon, an Ohio resident, during a heated altercation that unfolded after McKinnon and his partner noticed the couple allegedly driving the wrong way on a one-way street while completing a food delivery.
The dispute quickly escalated, leading to McKinnon’s death four days later.
Couple Accused of Continuing DoorDash Deliveries After Fleeing the Scene
A newly filed wrongful death lawsuit claims that Davis and his girlfriend, Shimya Berry, continued making DoorDash deliveries immediately after leaving the scene of the fatal assault.
The complaint, filed by McKinnon’s widow Emily Livingston, asserts that Berry — a contracted DoorDash driver — was on duty at the time and that Davis was riding along as a passenger.
According to the filing, Berry and Davis “picked up a DoorDash order and delivered it” shortly after the confrontation. The lawsuit argues that both individuals were “on duty” and “acting in the course of their delivery work.”
Guilty Plea and Sentencing
Earlier this week, Davis pleaded guilty to strangulation and involuntary manslaughter, acknowledging that he caused McKinnon’s death. He had initially faced more severe charges, including murder and felonious assault.
A judge sentenced Davis to 15 to 20 years in prison.
Addressing the courtroom and McKinnon’s family, Davis said,
“I know how it feels to lose people. I wouldn’t wish that on my worst enemy. I want you all to know I’m sorry.”
Widow Seeks Accountability From Driver, Boyfriend, and DoorDash
Attorney Tabitha Hochscheid, representing McKinnon’s widow, said the loss has devastated the victim’s family.
“My client, Emily Livingston, as well as the family and friends of Jason McKinnon, have endured a loss that is immeasurable. No criminal case outcome can undo the harm done.”
The lawsuit names Davis, Berry, and DoorDash as defendants, accusing them of negligence and wrongful conduct.
The complaint alleges:
- Berry attempted to drive the wrong way down a one-way street while heading to pick up an order at CityBird
- McKinnon shouted a warning out of concern for public safety
- Berry responded aggressively, leading to a verbal argument
- Davis exited the car, struck McKinnon, and placed him in a chokehold while bystanders pleaded for him to stop
- The couple fled and allegedly continued DoorDash deliveries
DoorDash Responds to Lawsuit
DoorDash released a statement distancing the company from the incident, saying the boyfriend was not affiliated with the platform.
“This was a horrific and devastating incident, and our thoughts are with the victim’s loved ones. The suspect was not a Dasher or associated with the platform.”
However, the lawsuit argues that Berry was operating as a DoorDash driver at the time and that Davis acted as her associate, making the company partially responsible for McKinnon’s death.
Community Shocked by Violent Outcome
Residents of Cincinnati, Ohio, expressed disbelief that a simple moment of street-side caution escalated into a deadly confrontation. The case continues to raise questions about platform accountability, driver safety, and the protocols surrounding passengers during gig-work deliveries.
As the civil suit proceeds, McKinnon’s family says they are seeking justice — not only for their loved one but also to prevent similar tragedies in the future.
This case has sparked huge debate about accountability, gig-work safety, and street conflicts.
Share your thoughts in the comments — should DoorDash face responsibility, or does the blame fall entirely on the individuals involved?
