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Davis v. State12/14/2004
Brian Darrell Davis,Appellant, was tried by jury in the District Court of Kay County, Case No.CF-2001-733, where he was convicted of one count of First Degree Malice Murderand one count of First Degree Rape, After Former Conviction of Two Felonies. The jury set punishment at death for themurder after finding the murder was especially heinous, atrocious or cruel and one hundred (100) yearsimprisonment for the rape. The Honorable Leslie D. Page, who presided at trial,sentenced Davisaccordingly. From this Judgment andSentence, he appeals.
FACTS
In the early morning hours of November 4, 2001, Davis returned home after socializing with some friends at alocal club, only to find his girlfriend, Stacey Sanford, and theirthree-year-old daughter missing. Hetelephoned Josephine "Jody" Sanford, Stacey's mother, to ask if she had seen orknew of their whereabouts. Jody told Davis that she did not know where they were. Ten to fifteen minutes later, Davis again telephoned Jody and asked her to go and findthem. When Jody could not locate herdaughter and granddaughter, she went to Stacey's and Davis's apartment.
Davis made several conflicting statements about the eventsthat followed once Jody arrived, including a different version during his trialtestimony. However, with the exception of his first statement where he claimedto have no memory of what had happened, Davis admitted in his other statements that he fatallystabbed Jody. Jody's body was discoveredshortly after 9:00 a.m. when her daughter Stacey returned home. Stacey immediately called 911 and localpolice arrived to investigate.
Meanwhile, Davis had been involved in a single-car accident whiledriving Jody's van near the Salt Fork River Bridge. Davis was seriously injured after he was ejected from the vanthrough the front windshield. Davis was transported to a local hospital for treatment.Because there was an odor of alcohol about him, Davis was placed under arrestand his blood alcohol level was tested and registered .09%. Later on, Davis was transported to a Witchitahospital for further care.
Detective Donald Bohon interviewed Davis around 5:49 p.m. that afternoon. In his first statement, Davis was able to recount his activities at the club thenight before, but could not remember who drove him home. He recalled that Stacey and his daughter werenot at home when he arrived and he remembered telephoning Jody. He could remember Jody being in the livingroom with him, but after that moment, he could not recall anything until hewoke up in the field after the accident.
Two days later, Detectives Bohon andBob Stieber interviewed Davis again. Intially, Davis repeated the story he had previously told Detective Bohon. As Stieber questioned Davis, his memory improved.He remembered Jody talking to him about religion and his commitment toStacey. An angry Davis told Jody that there would be no commitment and the twoargued. Davis claimed that Jody stood upwhile she continued her lecture and that he then stood up, got angry, accusedher of being in his face and told her to "back up," pushing her backwards. Davis claimed Jody grabbed a knife and cut him on his thumb. Davis then hit Jody on the chin (apparently causing thefracture to her jawbone) and tried to grab the knife, getting cut in theprocess. Davis said he got the knife from Jody and told her to getback, stabbing her in the stomach. Hestated that he and Jody began to wrestle down the hallway and that he stabbedJody in the leg. Once in the bedroom, Davis told Jody to stop and he put the knife down. Jody asked Davis to let her go to which he agreed, but then Jody rantowards the knife. He grabbed the knifefirst and stabbed Jody on the left side
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