Marshall County Circuit Court
Judge
Michael D. Cook
Venued from LaPorte County
Prosecutor: Craig V. Braje
Defense: Gregory H. Hofer
Date of Murder: June 16 & 18, 1983
Victim(s): D.R. W/M/14; J.L. W/M/15 (No relationship to Davis)
Method of Murder:
Manual strangulation (D.R.); Strangulation with wire (J.L.)
Summary: Charges arose from 3 separate incidents. On January 10, 15 year old J.S. was confronted by Davis at gunpoint in a cornfield in LaPorte on the way back to his home. Davis put a wire around his neck and performed oral sex on him. Davis later pistol-whipped him until he thought he was unconscious. J.S. recovered from the attack and later identified Davis. On June 16, 14 year old D.R. was confronted by Davis with a knife after he and Davis drank a beer provided by Davis. Davis tied a wire around his neck, performed oral sex on him, then strangled him to death with his hands. On June 18, two 15 year old boys, J.L. and E.F. were camping out when they came across Davis in the woods. Davis was smoking pot and shared it with the teenagers. Davis left while the boys returned to the campsite. Davis watched and waited until the boys went to sleep, then went into the tent, woke up J.L., and escorted him into the woods at knifepoint. Davis tied J.L. up with wire, then performed oral sex on him, then strangled him with the wire. Davis returned and got E.F., tied him up with wire, and performed oral sex on him. Davis then struck him in the head with the axe and left. Davis had used his own name and was identified by the survivors. He gave a complete confession.
Trial: Information for Murder filed, PC Hearing held (06-21-83); Amended Information for DP filed (07-13-83); Venued to Marshall County (07-13-83); Notice of Insanity Defense (08-29-83); Competency Hearing 11-01-83); Insanity Defense Withdrawn (01-09-94); Voir Dire (01-09-04, 01-10-84, 01-11-84); Jury Trial (01-12-84, 01-13-84); Plea Agreement Filed/Guilty Plea Entered (01-13-84); DP Sentencing Hearing (01-18-84, 01-19-04); Court Sentencing (01-25-84).
Conviction: Pled guilty to Murder (2 counts) and Attempted Murder (A Felony) pursuant to Plea Agreement, which called for dismissal of CDC (A Felony) (4 counts) and Felony-Murder (2 counts), but allowed the State to seek a Death Sentence.
Sentencing: January 25, 1984 (Death Sentence, Death Sentence, 50 years, 50 years)
Aggravating Circumstances: b(1) Child Molesting; Lying in Wait
Mitigating Circumstances:
emotional pressure, antisocial character disorder,
sexually abused as a prisoner in Boy's School
Direct Appeal:
Davis v. State, 477 N.E.2d 889 (Ind. May 22, 1985)
Conviction Affirmed 5-0 DP Affirmed 4-1
Hunter Opinion; Prentice, Givan, Pivarnik concur; Debruler dissents.
Davis v. Indiana, 106 S. Ct. 546 (1985)
(Cert. denied)
PCR:
02-21-86 PCR filed; Denied by
Special Judge Bruce Embry 12-08-93.
11-17-93 Parties file Joint Motion for Equitable Relief, accepted by Court, which vacates the death sentence, leaving intact the guilty pleas to Murder (2 Counts) and Attempted Murder (2 Counts), and the 50 year sentences for each count of Attempted Murder.
12-08-93 Following a new Sentencing Hearing, Davis was resentenced by Special Judge Marvin D. McLaughlin to consecutive terms of 60 years (Murder), 60 years (Murder), 50 years (Attempted Murder), and 50 years (Attempted Murder), for a total sentence of 220 years imprisonment.
Davis v. State, 675 N.E.2d 1097 (Ind.
1996)
(Appeal of PCR denial on conviction only; Affirmed
5-0; Shepard Opinion)
As of July 1, 2006