Suspect in day-care drive-by makes court appearance

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Marion Laney.

The man accused of shooting a toddler at a Durham daycare appeared in court Monday.

Marion Laney faced a magistrate judge dressed in orange, showing little expression. Laney is charged with assault with a deadly weapon with the intent to kill and possession of a firearm by a felon.

911 calls from neighbors on Feb. 16 described what they heard.

"I was just sitting in my house and I just heard pow, pow, pow and several shots," according to one unidentified caller.

Authorities say the shooting was an alleged drive-by into a home daycare off Great Bend Drive. Investigators believe Laney is the person responsible for shooting-up the home.

Durham County assistant district attorney Alex Herskowitz asked the judge to keep Laney's bond at $1.5 million, after explaining to the court what police found during the investigation.

"10 bullet holes were observed. Officers found eight, .40 mm shell casings in the roadway," Herskowitz says. "And there were three minors present at the time."

Two of those bullets hit one of the toddlers in the leg. The boy survived. No one else was injured.

Owners of the daycare say it had been in operation for 10 years, but now it will close indefinitely. Owners also say they are fearful and plan to move out of the house.

Durham Police have not released a motive for the shooting, but they say the investigation is still active. Laney will next appear in court March 14.

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