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State v. Davis9/12/2003
Justin and Dustin. The boys lived with their aunt and uncle while their father recovered, and were reunited with him in the fall of 1998. The family then moved to Elbron Avenue, where they lived until Powers' death in September, 2001. According to the boys, their father only drank alcohol for about a year after being released from rehabilitation. However, he again began to use drugs, and also continued abusing alcohol up to the time of his death.
. The State's theory of the motive for the shooting was not well-defined, but it appears to have been based on an alleged dispute between Davis and Powers over Powers' refusal to store Davis' automobile in his garage. The implication was that Powers owed Davis money for drugs, and that use of the garage would have satisfied the debt.
. To establish these facts, the State elicited testimony from Powers' sons regarding an occasion on which they had seen Davis give their father drugs. Powers also had cocaine metabolites in his system at the time of death, but the coroner could not tell how long before death the cocaine was taken. In addition, the police did not find any drugs or evidence of drug consumption at the crime scene (Davis' home). Powers' blood alcohol level was over the legal limit at the time of death, and there was evidence that both men had been drinking alcohol the night the shooting took place.
. The State did offer testimony suggesting that Davis owed Powers money, and that the men had argued during the week before the shooting about whether Davis could store an auto in Powers' garage. In this regard, Powers's sons indicated that Davis had previously stored some stolen autos in their father's garage, had removed auto parts for sale, and had then dumped the autos in a local quarry. These activities took place about three years before the September, 2001 shooting. One of Powers' sons also testified that Powers and Davis had words the night of the shooting about Davis' request to store a car in the garage. The implication of this evidence was that Davis again wanted to store and strip cars, but that Powers refused, creating a motive for the shooting - or at the least, demonstrating ill will between the two men.
. Other witnesses reported, however, that the two men were not angry with each other the night of the shooting. Davis also presented evidence that the car was his own (not stolen), and that he had made arrangements before the shooting to store the garage at another location.
. Some months before the shooting, Davis brought an AK-47 assault rifle to Powers' house, so that Powers could store the rifle in his safe. An unknown party had stolen the assault rifle from the original owner more than six years previously. Davis testified that he had gotten the rifle from a friend about seven months before the shooting, and did not know it was stolen.
. In any event, on the night of September 16, 2001, Davis asked Powers to bring the assault rifle back to his house. Evidence in the record suggested a possible dispute between Powers and Davis about ownership of the rifle. Davis indicated, however, that he needed the rifle that night for protection because he had heard a rumor that people from Detroit (identified only as "L" and "T") were looking for Davis and were going to "come into" his house. Allegedly, "L" had been shot a year earlier by Davis' friend (Lonnie Dozier), because "L" had wrecked a car that Dozier had entrusted to "L." Unfortunately, Dozier was currently in prison, and Davis was the only candidate available for revenge.
. When Davis called the night of September 16, Powers was at home with his two sons. Powers left with the rifle at about 10:00 p.m., tellin
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