Man charged with murder in Jefferson City bar shooting asks judge to reject death penalty
JEFFERSON CITY, Mo. (KMIZ)
A man accused of first-degree murder in the death of two people at a Jefferson City bar is asking the judge to stop the state’s attempt at seeking the death penalty.
Damien Davis, of Kansas City, Missouri, was charged with two counts of first-degree murder, two counts of armed criminal action, two counts of unlawful use of a weapon and one count of illegal gun possession in the shooting death of 26-year-old Skylar Smock and 43-year-old Corey Thames on Nov. 26, 2022, at J. Pfenny's Sports Grill and Pub.
Davis is being held at the Cole County Jail without bond.
Cole County Prosecutor Locke Thompson filed a notice of intent in September to seek the death penalty.
On Monday, Davis’ lawyer Thomas Jacquinot filed a motion to dismiss the death penalty, claiming that there are too many ways a defendant can be eligible for the death penalty and that the state has eliminated a step in determining who is eligible for the death penalty.
The motion also argues that Davis shouldn’t have been charged with first-degree murder, claiming he went into the bar unarmed, was attacked by Thames, took Thames’ gun and accidentally shot a bar employee to death before shooting and killing Thames.
According to previous reporting, Smock tried to break up a fight and remove Thames from the business when Davis started firing shots, according to investigators.
Police say Davis admitted to firing shots at Thames but says he unintentionally shot Smock. Previous reporting indicates that Davis had said “I was saving my life" during his arraignment in November 2022.
Court documents claim Davis' statement to police that night did not match the evidence at the scene, including the location of shell casings or the video evidence captured by the bar's cameras.
