Davis v. State

86 S.W.3d 872, 350 Ark. 22, 2002 Ark. LEXIS 528
CourtSupreme Court of Arkansas
DecidedOctober 24, 2002
DocketCR 01-433
StatusPublished
Cited by63 cases

This text of 86 S.W.3d 872 (Davis v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. State, 86 S.W.3d 872, 350 Ark. 22, 2002 Ark. LEXIS 528 (Ark. 2002).

Opinion

Jim Hannah, Justice.

William E. Davis appeals his conviction for capital murder and sentence of life without parole. The conviction is based on accomplice liability. This case comes before this coürt pursuant to Ark. Sup. Ct. R. 1 — 2(a)(2) as a criminal case in which the penalty of life imprisonment without parole has been imposed.

Davis asserts seven issues on appeal. He asserts that the trial court erred in denying his motion for a directed verdict, that the trial court abused its discretion when it denied his motion to transfer to juvenile court, that the trial court abused its discretion in the admission of photographs of the victim, that the trial court erred in declaring Matthew Elliott a hostile witness, that the trial court erred in denying admission of a letter to impeach witness Elliott, that the trial court erred in finding it lacked jurisdiction to hear certain posttrial motions, and that the trial court erred in denying bail. We hold there was no error and no abuse of discretion. The trial court is affirmed on all points.

Facts

Sometime in the early hours of February 5, 2000, Matthew Elliott bludgeoned fifteen-year-old Brittni Pater at least seventeen times in the head with a two-foot aluminum bar. He then drove over her head with his car. Brittni died from her injuries. Elliott killed Brittni because he believed she was pregnant with his child. Davis was convicted of being an accomplice.

The facts implicating Davis as an accomplice in the murder were provided almost exclusively through the testimony of accomplice Elliott. Elliott’s testimony is summarized as follows. Sometime before Christmas in December 1999, Brittni Pater told Elliott over the phone that she was pregnant with his child. Brittni was fifteen and Elliot was sixteen at that time. According to Elliott, Brittni wanted an abortion and asked that he arrange and pay for it. Elliott then testified that, about the middle of January 2000, he called Davis, who had been his friend since first grade, and asked him to come by his house. Elliott testified that they spoke in Davis’s car, and that they discussed solutions to Elliott’s problem, such as leaving home, going to his parents, or murdering Brittni. Elliott further testified that he concluded during the conversation that he was going to murder Brittni, and that he believed he communicated that conclusion to Davis. According to Elliott, they commenced planning Brittni’s murder at that point.

Elliott testified that he believed that he had enlisted Davis’s help in carrying out the murder, arid that they discussed it a number of times informally in the halls at school in the following days. According to Elliott’s testimony, he and Davis then met formally a second time in their cars at school to make final plans for the murder. Elliott testified that they set up a camping trip to Davis’s father’s hunting lease as an alibi and set the weekend when the murder was to be committed.

Elliott further testified that they planned to go to Brittni’s house and kill her there, that Elliott would strike the blow, and that Davis would be present to help with the body. In this same regard, Elliott testified that he talked Davis into allowing him to bury the body on Davis’s father’s hunting lease, and that Davis went there and selected a secluded grave site. According to Elliott, Davis took him to the site Davis had selected where the two of them dug the grave. Elliott also testified that Davis got down in the grave and laid down to make sure it was long enough because they knew Davis was taller than Brittni. Elliott further testified that he provided the shovels they used to dig the grave, but Davis hauled them out to his house where they left Davis’s car. After leaving his car there, Davis got on a four-wheeler, and Elliott followed him to the deer camp in his own car. Elliott then testified that he left his car where he could get to it from the deer camp so that no one would know he had left the deer camp and gone to town to get Brittni and kill her. He also testified that Davis had a key to his car in case something unexpected occurred and Davis needed to move the car.

Elliott then testified that he spoke to Davis about a weapon, and that Davis gave him the aluminum bar that he used to kill Brittni. Elliott also testified that he and Davis discussed evidence such as blood and hair. They decided to put plastic in the car so that Brittni’s body would not leave blood and hair in the car. According to Elliott, Davis got the plastic from Kroger where Davis worked.

According to Elliott’s further testimony, he and Brittni agreed that she would sneak out of her house that night at 2:00 a.m. under the pretense of taking her to get an abortion, but the evening of the murder did not go as he planned. Davis’s brother-in-law ended up going to the deer camp with them that night after Elliott and Davis returned to town to eat and get the plastic. Elliott testified that he asked Davis to make an excuse to cause his brother-in-law to leave the camp so that they could go murder Brittni pursuant to the plan. According to Elliott, however, Davis would not do so. Davis told Elliott that he was drunk and was not going anywhere. Elliott testified that at that point he decided to go alone. Elliott stated that he was going to ride the four wheeler. Davis’s brother-in-law expressed concern about Elliott’s sobriety, but later let him go, telling Elliott that if he did not return, they would come looking for him. Elliott testified that Davis gave him a watch and told him to be back by 3:00 a.m. Elliott left on Davis’s four-wheeler to go to his car.

Elliott then testified that he picked up his car and drove to the Pater home. Brittni came out to Elliott’s car as planned. Elliott decided he could not kill her there because they were too close to the house. So he drove Brittni out of town. Outside of town, Elliott stopped the car, telling Brittni that he was covering his license plate in case his parents called him in as a runaway. It was there that Elliott struck her with the aluminum bar and killed her. He testified that he struck her more than ten times. He also testified that he feared she was still alive so he drove over her head with the tires of his car.

Dr. Charles Paul Kokes, an associate medical examiner for the State of Arkansas, expressed the opinion that Brittni died as a result of seventeen blows to her head. Davis’s father testified that he had a bar of aluminum on which he had fashioned a handle that appeared to be State’s Exhibit 3, the murder weapon. He further testified that he had checked his home after the murder and found that the aluminum bar was missing. Christopher Burns testified that on about January 31, or February 1, 2000, Elliott told him he planned on killing Brittni with “either a knife or a metal object that he said he got from William or is going to get from William. He never stated he did get it from William.”

Davis admitted in a statement to police that Elliott told him of his intent to kill Brittni, and that Elliott took him out to dig the grave. Davis also told police that he tried to convince Elliott not to kill her, but he admitted that he did help dig the grave. John Bishop of the Arkansas State Police testified that he found two sets of footprints at the grave site, one on the soil dug from the grave and one in the bottom of the grave.

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Cite This Page — Counsel Stack

Bluebook (online)
86 S.W.3d 872, 350 Ark. 22, 2002 Ark. LEXIS 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-state-ark-2002.