A New Trial Granted in Washington

From the Spokesman-Review (July 26, 2012):

A judge today granted the request for a new trial of a man convicted four years ago of the 2007 beating death of an adult bookstore owner in Spokane following the conviction two weeks ago of another man for the same crime.

Superior Court Judge Greg Sypolt granted the request to hold a new trial for Jeramie R. Davis, 41, who was sentenced in 2008 to 40 years in prison for the first-degree murder of 74-year-old John G. “Jack” Allen, who was bludgeoned to death with a baseball bat inside his store on East Sprague Avenue.

What remains unclear is whether Sypolt will vacate Davis’ conviction, Deputy Spokane County Prosecutor Dale Nagy said.

“What we are waiting for is the order to be signed by the judge,” Nagy said. “But he did indicate that based on what he heard that Mr. Davis was going to get a new trial.”

The date of that new trial has not yet been set.

The hearing follows court documents that were filed in June by the lead Spokane Police detective who questioned whether Davis may have been telling the truth when he said he didn’t kill Allen.

When a jury convicted Davis in 2008, Nagy told the jury to disregard the fact that DNA on baseball bat used to bludgeon Allen to death did not come back to Davis.

Last year, that DNA evidence was again processed by the Washington State Patrol crime laboratory and this time it came back to a match to 46-year-old Julio J. Davila. That prompted Nagy to charge Davila under the theory, according to court records, that he worked with Davis.

Davis admitted going back to the store multiple times on the night of the killing to steal pornography and sex toys that he planned to sell to raise money for drugs. Davis told his sister that he believed the store owner was sleeping. Davis’ sister convinced him to return to the store and they called 911. Davis remained at the store when police arrived.

He quickly became the target of the investigation, which resulted his conviction.

Later, when the DNA linked the crime to Davila, both he and Davis denied knowing each other. Then Detective Tim Madsen submitted a new report on June 19 which questioned whether Davis had been wrongly convicted of the murder.

“Mr. Davis denied knowing or having any involvement with Julio Davila,” Madsen wrote in the court record. “Mr. Davis maintains he was innocent of the murder of John Allen – the new evidence may make Mr. Davis’ claims more plausible.”

Despite that, Nagy said he asked Sypolt to deny the motion for a new trial.

“We did not feel there was sufficient additional evidence to warrant a new trial.”

A different jury on July 13 convicted Davila of second-degree murder with a deadly weapon. He faces between 15 and 23 years at his sentencing, currently scheduled for Wednesday before Superior Court Judge Kathleen O’Connor.

More about this case here.

2 responses to “A New Trial Granted in Washington

  1. Really? A new trial??? Can our state’s budget afford anymore stupidity. I swear Spokane & Stevens County right along with the 3rd division are like Larry, Moe & Curly. I swear with God as my witness I just read a brief where the 3rd HAD to rule in the appellant’s favor, BUT they remanded it for a new trial & gave the prosecutor the whole basis for retrying this woman, brought up things that weren’t even in either one of their briefs, (ie: suggested new charges in relation to the crime they already said she didn’t commit!) & were practicing law from the bench. Read Stevens County V Pamela Deskins. This entire state is out of control, & since there is no liability for the state for false or wrongful convictions there is no incentive for them to do the right thing… It is just sad & disgusting here.

  2. Tyrone George Asterino

    I was wrongfully arrested in spokane,wa and now i have a violation… i was charged with numerous counts in two different court levels while being denied my constitutiinal rights as a registered voter of which i stated to the security guard whom exclaimed vocally with speech saying “i am an officer of the law.” YET THE spokane police were not present when the arrest Had been made. after i myself realized these security guards may be linked to ISIL which is an terrorist orginization from syria… i was afraid to enter for district court when i realized i had been verbally trespassed and the district court was unassecible for my appearance. The security guard at the spokane bus transit failex to follow all the necessary requirements of the spokane transit authority and had repratedly attemptrd this type of behavior in past against me…. is it right to arrest a registered voter whom committed no obvious crime and stated for help from thr community to notify someone of this spokane transit security and their intent to repeat,and target and profile and accuse patrons of their choice penalties for tossing a lighter in the garbage on the premises of the spokane transit center and forceably detain me with no proof of signature, video or reason of any type as to act as spokane police and ask the police to write the charges that sound good on paper while i am in handcuffs at the transit station with no access to writing my name on the paper or even a ceurteous please leave youre trespassing..? Including allowing the state illigsl lawmen acting as a county official? Without being sworn into the police system? without wearing a police uniform and infractioning an registered voter which i stated and trying to apply brute force and chemicals of unknown hazard in the presence of the public with multiple false statements made by the spokane transit security? Is the spokane transit security at all any registered voter? If not then the penalty must be reversed and charged to the spokane transot security for assaulting the constitution…..and the rights of registered voters….

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