Judge hears arguments over death penalty in Jefferson City double killing case
JEFFERSON CITY, Mo. (KMIZ)
A Cole County judge heard arguments Monday over why a man accused of first-degree murder in the death of two people at a Jefferson City bar should not receive the death penalty.
The hearing began at 9 a.m. in the Cole County Circuit Court.
Multiple pieces of research were presented to the court by the defense's expert witness, Wanda Foglia a former law professor and current Capital Jury Project Investigator.
Folgia presented a slideshow featuring more than 100 slides showing discussing the influence of race, premature punishment decision making, death penalty bias, false beliefs in sentencing and more.
The research shows that jurors make sentencing decisions prematurely. The research states nearly half of the jurors in Missouri and across the nation say they decided the defendants punishment before the punishing phase of the trial even starts.
Foglio stated jury selection fails to exclude Automatic Death Penalty jurors, which are jurors who consider death as the only acceptable type of punishment for six types of murder that would include almost every capital case. She also stated this process creates bias for the death penalty. Some of those interviewed for the study said jury selection questions made them think the defendant must be or probably was guilty and the most appropriate punishment was probably death.
Foglia also pointed out that sometimes the directions given to the jury are unclear or the jurors are given so much information at once, it would be difficult for them to remember every direction they are told.
When it comes to false beliefs in sentencing, Foglia's research presented showed in all states, jurors underestimated how long a person not given the death penalty would spend in prison. Foglia explained that even though someone can be given a sentence of life in prison without parole, some jurors have a hard time believing that.
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.
Police say Davis admitted to firing shots at Thames, but says he unintentionally shot Smock.
Cole County Prosecuting Attorney Locke Thompson filed a notice of intent in September 2023 to seek the death penalty.
In June, Davis' lawyer, Thomas Jacquinot, filed a motion to dismiss the death penalty. The motion argued 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 Smock, a bar employee, to death before shooting and killing Thames.
The defense also claims Davis feared for his life and fought with Thames for about 30 seconds. Davis' sole focus was on the Thames' gun, which the defense claims was unlawfully brought to the bar.
In August, the Capital Jury Project filed a motion to declare the death penalty unconstitutional, according to court documents.
