Death penalty nixed in Mack murder case
The death penalty is off the table in the John Mack Jr. murder case.
Mack, 44, 592 Cliffside Drive, faces 17 counts, including aggravated murder, in connection with the death of his ex-girlfriend, Melinda Kay Davis.
Davis, 33, of Shelby, was reported missing Feb. 25, 2021. Her body was found in the trunk of her car on March 14 in an apartment parking lot on the western edge of Columbus.
Mack is charged with two counts of aggravated murder, two counts of murder, two counts of kidnapping, six counts of tampering with evidence, abduction, grand theft of a motor vehicle, gross abuse of a corpse, domestic violence and obstructing official business.
He has pleaded not guilty to all 17 charges.
The state chose to dismiss the death penalty possibility in a written motion.
“In reviewing the evidence, we determined that we would not be able to show the defendant acted with separate animus for the kidnapping as compared to the murder,” said Gary Bishop, Richland County prosecutor. “You have to have a separate criminal mental state in committing the kidnapping charge than you do for the murder.
“Otherwise, the death penalty is not applicable.”
Prosecutor explains decision
Bishop offered further explanation. “The death penalty can be imposed when a person commits a murder during the course of a kidnapping,” he said. “If I kidnap you with the sole intent of kidnapping you, that’s not death penalty eligible.
“If I kidnap you to rob you or hold you for ransom, and while I’ve got you kidnapped, I form a separate intention to kill you, that can be death penalty eligible.”
In this case, Bishop said that would be difficult to prove.
“We still go forward with the aggravated murder charge, and we still go forward with the kidnapping charge,” the prosecutor said.
Mack’s defense team consists of Robert Whitney, Bernie Davis and Jennifer Harmon.
“Based upon what I know, it (dismissing death penalty) certainly was the appropriate thing to do,” Davis said.
Jury selection should go much quicker because attorneys won’t have to ask potential jurors about their views on the death penalty.
“There is also the mitigation part of the trial in the event that the client was found guilty,” Davis said. “It is a separate trial.”
If a person is found guilty in a death penalty case, jurors then consider whether to recommend the ultimate punishment. They hear separate arguments from the attorneys.
The trial originally had been scheduled to begin Monday in Richland County Common Pleas court before Judge Brent Robinson.
Trial continued until Oct. 24
At the request of both sides, the trial was continued until Oct. 24.
“In terms of the evidentiary trial, nothing’s changed,” Davis said. “This is still a very complex case with multiple witnesses and a lot of evidence. We will zealously defend our client.”
According to autopsy results, Davis died of blunt force trauma to the head and upper body. She had a broken neck.
On the day she disappeared, Davis was believed to have been headed to Mansfield to meet Mack to collect some items that belonged to her late brother.
Mack and Davis had split up about a year before, according to a relative.
On her way to see Mack, Davis called a friend and said, “If you don’t hear from me, call the police,” according to court documents.
Investigators who processed the scene found blood believed to be Davis’ at Mack’s residence, according to court documents.
Motion to suppress evidence is pending
Whitney filed a motion to suppress, questioning evidence seized during searches. The defense is contesting searches it claims were made without warrants, as well as searches related to warrants.
A hearing on the matter has not been scheduled. First Assistant Prosecutor Jodie Schumacher, who is handling the case with Bishop, said the state is expected to issue its response in the next few weeks.
According to the motion to suppress, Mack’s ex-wife “despite her not residing at the house and having no authority to enter the house, used a spare key to let deputies inside the house” on Feb. 25, 2021.
The defense motion asks for the evidence to be suppressed.
Later that day, the defense contends Mack’s niece showed up at the scene. She reportedly stayed with Mack when she was in town.
The defense said Mack’s niece let law enforcement enter the residence again, leading to the confiscation of Mack’s phone from his bedroom.
A warrant for Mack Jr.’s arrest on a charge of kidnapping was issued Feb. 26, 2021. Authorities returned with search warrants on that day and Feb. 27.
Mack’s son tried to turn him in
On March 4, Mack was in a vehicle with his son, Jaybyn Mack, and his son’s wife, Alexandria. Jabyn Mack had called the Shelby Police Department that day, wanting to turn his father in for the $5,000 reward money, according to court records.
John Mack’s wallet was seized, according to the defense motion. Further, his credit card was found and used to run his account history, leading to further evidence and the discovery of Davis’ body.
Mack was arrested without incident on March 4, near East First and South Adams streets after law enforcement received a tip that he was in Mansfield.
He is being held at the county jail on $1 million cash bond.
“It (motion to suppress) is a significant part of the case,” Davis said. He predicted an eventual hearing on the matter could last “a couple of days.”