Davis Convicted Of Lesser Included Offense

Rickey Stokes

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Posted by: RStokes
Date: Sep 22 2017 6:16 PM

HOUSTON COUNTY:   A Houston County Jury convicted Kharon Davis of the lesser included offense of " felony murder" and not the death penalty capital murder.

Davis has been in the Houston County Jail for 10 years awaiting trial on the capital murder case. Newly elected 20th Judicial Circuit District Attorney Pat Jones had a conflict in this case so the prosecution was turned over the Alabama Attorney General Steve Marshall.

Two prosecutors from the Attorney General Office prosecuted the case and defense attorney Dustin Fowler and others defended Davis.

The trial kicked off on Monday. A jury was selected. Former Mayor Candidate Ruth Paige Nelson made claims the victims family had spoke to a potential juror. After a three hour hearing it was determined that a Davis family member spoke to a juror in the hallway. But it was determined nothing improper was done. All that was done one said nice shoes and the other said nice dress and passed on. Video was recovered from the courthouse security which reflected the same.

The 12 men and women jury spent less than two hours in deliberation before returning the verdict of the lesser charge. The actual death penalty had been removed as an option. Because there was a weapon used, the sentence range is 20 years to life. Davis will probably receive credit for the time spent in the Houston County Jail awaiting trial.

10 years...a lot of people has been critical of the time it took for Davis to go to trial. The first court appointed attorney was Ben Meredith. As he got into the case it was determined that Attorney Meredith's son, Dothan Police Criminal Investigator Frank Meredith was a lead investigator. So new attorney's had to be appointed.

Davis kept firing the attorney's and forced the court to appoint other attorneys. I say a brilliant defense strategy on Davis behalf. Because it was a death penalty case the Judge is forced to take certain precautions. And defense attorneys are required to take certain actions to protect the defendant's record.

Davis actions, in my opinion, played to his favor. The state was unable to locate a key witness and others were refusing to cooperate. Davis also out lasted Retired District Attorney Doug Valeska who retired in January. A prosecutor no one really wanted to face who had a strong conviction record on Capital Murder Cases.

20th Judicial Circuit Court Judge Kevin Moulton kept full order in the courtroom at all times. Houston County Sheriff Donald Valenza was "hands on" to maintain order and security of the courthouse, both inside and outside.

Judge Moulton has set a October 17th sentencing date for Davis. He will remain in the Houston County Jail.

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