Judge to decide whether death penalty is on the table in Jefferson City double killing
JEFFERSON CITY, Mo. (KMIZ)
A Cole County judge is set to hear 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 was slated to begin at 9 a.m. in the Cole County Circuit Court.
According to court documents, multiple items are set to be presented in court to support defense claims that Missouri's death penalty is unconstitutional in Damien Davis' case.
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 Prosecutin 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 Capitol Jury Project filed a motion to declare the death penalty unconstitutional, according to court documents.
