BUFFALO, N.Y. (WIVB)–Sam Davis is one step closer to getting his client, Deyanna Davis, out of jail next week.

Today Federal magistrate Jeremiah McCarthy agreed there is not enough evidence to prove that she would be a threat to society.

However, he did grant a stay of that order until the end of business on Tuesday to allow federal prosecutors to appeal. If the appeal fails…

“She should be out, I would say, no later than next Friday,” Davis said.

She would first have to post $200,000 bond on the state charge of attempted murder.

For the federal gun charge, her mother and great grandmother have each agreed to sign $25,000 signature bonds which they could lose if she violates the conditions of her release which include electronic monitoring at home.

Davis added, “at this point, we just want her home. We want her to meet with her primary care physician. She was shot after all. She’s only receiving Tylenol.”

Trooper Ronald Ensminger spent 18 days at ECMC with a shattered pelvis from being run over in Bailey.

In City Court on Wednesday, they played the surveillance video from the Air One helicopter. You could clearly see her vehicle drive around five stopped cars and a bus before striking police.

But here at ground level, her attorney says her vision may have been hindered by tear gas.

“She was a woman in a car going to the store and she found herself in war like conditions. I think the judge saw that, and there’s a dynamic taking place within that car that we still don’t know about. What would you do on a smoke filled street known for gunfire. What would you do? Would you sit in your car or would you try to make your way out of the situation any way you could,” Davis said.