Of­fi­cials want more test­ing in Wash­ing­ton County case

Northwest Arkansas Democrat-Gazette - - NORTHWEST ARKANSAS - RON WOOD Ron Wood can be reached by email at rwood@nwadg.com or on Twit­ter @NWARDW.

FAYET­TEVILLE — Prose­cu­tors in Wash­ing­ton County want a hus­band charged with cap­i­tal mur­der in the death of his wife fur­ther eval­u­ated to de­ter­mine if there’s a ba­sis for sup­press­ing his state­ment to po­lice.

John Christo­pher Davis, 29, is charged with ac­com­plice to cap­i­tal mur­der in the killing of Vic­to­ria Anna­beth Davis on Aug. 19, 2015. Davis is charged along with sev­eral oth­ers with killing his wife at their home on Hill Street.

Davis’ at­tor­neys filed a mo­tion in June ask­ing Wash­ing­ton County Cir­cuit Judge Mark Lind­say to sup­press sev­eral state­ments Davis made to po­lice. Kent McLe­more and Robby Golden con­tend Davis wasn’t read his rights and wasn’t of sound mind be­cause of in­tel­lec­tual dis­abil­ity and the stress of the sit­u­a­tion to un­der­stand his right against self-in­crim­i­na­tion.

Matt Dur­rett, pros­e­cu­tor, filed a mo­tion Tues­day ask­ing Lind­say to or­der more test­ing to de­ter­mine whether a men­tal dis­abil­ity pre­vented Davis from mak­ing a know­ing and in­tel­li­gent waiver of his Mi­randa rights.

Doc­tors at the Arkansas State Hos­pi­tal said in Fe­bru­ary that Davis is men­tally fit to pro­ceed. Doc­tors said he doesn’t suf­fer from a men­tal dis­ease and has the ca­pac­ity

Doc­tors at the Arkansas State Hos­pi­tal said in Fe­bru­ary that Davis is men­tally fit to pro­ceed. Doc­tors said he doesn’t suf­fer from a men­tal dis­ease and has the ca­pac­ity to un­der­stand the pro­ceed­ings and as­sist in his de­fense.

to un­der­stand the pro­ceed­ings and as­sist in his de­fense.

Davis chose not to par­tic­i­pate in an as­sess­ment of his men­tal state at the time of the killing, based on the ad­vice of his at­tor­ney, ac­cord­ing to the re­port. He also de­clined to give doc­tors an ac­count of the in­ci­dent.

Doc­tors said they found no ev­i­dence in Davis’ records to sub­stan­ti­ate a claim of men­tal dis­ease or de­fect should he change his mind about pur­su­ing an in­san­ity de­fense. Davis is set for trial Dec. 4. The other de­fen­dants are Mark Ed­ward Chum­ley, 46; Re­becca Lloyd, 37; Christo­pher Lee Treat, 30; and De­sire Treat, 30. All are charged with ac­com­plice to cap­i­tal mur­der. All are being held with­out bond at the Wash­ing­ton County De­ten­tion Cen­ter.

Ac­com­plice to cap­i­tal mur­der is pun­ish­able by ei­ther life in prison or the death penalty.

Chum­ley called po­lice and gave his phone to Davis, ac­cord­ing to a po­lice call log. Davis told po­lice he killed his wife be­cause she wanted a di­vorce. Davis told po­lice he “shot her up with dope” and told po­lice his wife was “in the living room on the floor,” ac­cord­ing to the po­lice log.

“She was beaten re­peat­edly. She was hooked up to a bat­tery charger. She es­sen­tially bled to death from the beat­ing she took. She was beaten with a base­ball bat. She was raped with a base­ball bat,” Pros­e­cu­tor Matt Dur­rett told a judge at a hear­ing. “Those are the acts we al­lege con­sti­tute ev­i­dence of dis­re­gard for hu­man life.”

Davis

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