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Thread: Byron Burch Gets LWOP in 2010 FL Murder of 80-Year-Old Sarah Davis

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    Byron Burch Gets LWOP in 2010 FL Murder of 80-Year-Old Sarah Davis


    Sarah Davis, 80


    Byron Burch


    Death penalty sought in Brooksville schoolteacher slaying


    1 day after he tried and failed to convince a jury to sentence a murder convict to death, the same prosecutor announced he was seeking capital punishment in another homicide case.

    Byron Keith Burch, 39, was indicted in June on charges of 1st-degree murder and aggravated robbery.

    Burch was arrested in connection with the May 15 slaying of retired schoolteacher and former Hernando County Sheriff's Office employee Sarah Davis.

    "After consideration of all the facts and circumstances behind the murder of Mrs. Davis and his prior contact with the criminal justice system, I think seeking the death penalty for Mr. Burch is appropriate," said Assistant State Attorney Pete Magrino.

    He filed a notice of intent to seek the death penalty Thursday morning. Copies were submitted to the public defender's office and to the Hernando County Clerk of the Circuit Court.

    On Wednesday, Magrino went before a 12-panel jury and asked for a death sentence for 35-year-old Robert Jardin, who was convicted in the October 2006 killings of Patrick, 84, and Evelyn DePalma, 79. The couple were fatally stabbed in their rural home in Masaryktown.

    Jurors recommended life in prison.

    Davis, 80, died from injuries similar to the DePalmas, according to the Hernando County Sheriff's Office.

    Deputies arrived at 815 St. Francis St. in south Brooksville for a well-being check and discovered her lying in the bathroom.

    Burch was arrested the day Davis' body was found. Her south Brooksville neighbors told authorities to be on the lookout for Burch, who was known to Davis and often worked in her yard, according to reports.

    Deputies said Davis hired Burch to perform jobs around her house because she wanted to help him after seeing him hocking food that had been given to him by a local church.

    Burch is suspected of stealing Davis' jewelry and then killing her after she tried to stop him. Authorities said he sold the jewelry so he could get drugs.

    Burch has a lengthy criminal history dating back to when he was convicted of sexual battery at 16 years old, according to court records.

    During his adult life, he was convicted of at least nine felonies, including battery against a law enforcement officer, battery against a correctional officer, resisting arrest, cocaine possession and grand theft.

    In May 2005, he was convicted of strong armed robbery and sentenced to 15 years.

    In December 2009, the charge was dropped after an appellate court overturned the conviction and the victim, who was homeless, could not be located for a new trial.

    5 months later after his release from prison, he was charged in the Davis homicide.

    (source: Tbo.com)

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    Capital murder suspect has case continued

    BROOKSVILLE - Byron Burch's pretrial hearing Friday was continued until Feb. 4.

    An assistant for prosecutor Pete Magrino did not know the reason for the defense's request for the continuance.

    Burch, 39 was indicted in June for the slaying of retired school teacher Sarah Davis.

    Davis, 80, was found dead May 15 in her south Brooksville home. She also was a former employee of the Hernando County Sheriff's Office.

    Burch was charged with first-degree murder. If convicted, he could receive the death penalty.

    http://www2.hernandotoday.com/conten...ase-continued/

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    Capital murder defendant Byron Burch is expected to stand trial in January.

    On Friday, he appeared in Hernando County Circuit Court with his attorney, Tricia Jenkins. Both she and prosecutor Pete Magrino told Merritt they have a busy schedule for the remainder of the year – three murder trials between them.

    As a result, the Burch's trial is expected to be pushed back until 2012.

    Burch, known also by street name "one-eye Jack," is accused of murdering Sarah Davis, 80, a retired schoolteacher, inside her south Brooksville home.

    Davis was slain May 15, 2010. Burch was held in jail for 10 days on a burglary charge before officially being charged for the Davis murder. Deputies said DNA evidence left at the scene linked him to the crime.

    If convicted, Burch could face the death penalty.

    http://www2.hernandotoday.com/conten...ictim-suicide/

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    Evidence piles up against murder defendant

    It is one piece of evidence the State Attorney's Office is going to lean on as it tries to convince a jury Byron Burch killed Sarah Davis inside her south Brooksville home last year.

    Court documents revealed Burch had — in his possession — a duffel bag containing various clothes when he was arrested May 15, 2010, in connection with a home-invasion robbery. One vital piece of clothing was a pair of denim shorts, which deputies said he was wearing when he killed Davis.

    Davis, 80, was discovered dead inside her bathroom that same morning.

    Additionally, Burch matched the description neighbors had given authorities. One by one, they were asked whether they saw anyone with Davis prior to her death. At least one of them had not only a description, but a name, deputies said.

    Burch, 40, who almost instantly became a person of interest in the case, was interviewed about the killing. When the detective told him his suspicions, Burch told him "I think it's time to get a lawyer now," according to court records.

    The suspect remained jailed on the robbery charge. Eventually, a DNA match connected him to the Davis slaying, authorities said.

    Burch was charged with first-degree murder and armed robbery. He faces the death penalty if convicted.

    Burch's denim shorts, which were stuffed inside the tote bag, contained hair and blood stains. Those samples were linked to Davis' DNA, according to the Hernando County Sheriff's Office.

    The deceased's nail clippings also were collected. Davis fingernails on her right hand had someone else's DNA stuck to them. Burch is considered "a possible contributor," according to court records.

    Burch was a distant relative of the victim, according to the State Attorney's Office.

    Deputies said Davis felt sorry for him after she noticed him selling food door-to-door throughout south Brooksville. He had picked up the food from a local church.

    Neighbors and acquaintances told deputies Burch had a crack-cocaine problem, according to court documents.

    One witness said he last saw Davis working in her yard alongside a black man with a shaved head and a "funny eye."

    Another witness provided the same information to authorities. He said the man had what appeared to be a glass eye.

    Burch's nickname is "one-eyed Jack."

    He was well known by the law enforcement officers who patrolled south Brooksville.

    For more than half his life, Burch has routinely had run-ins with the law. He was convicted of sexual battery at 16 years old. He's had nine felony convictions since then.

    He was convicted in May 2005 of strong-armed robbery. The habitual offender was sentenced to 15 years in prison.

    In late 2009, an appellate court overturned the conviction after it was learned trial jurors were not presented with all the evidence — namely the robbery victim's full criminal history. He was once arrested for petit theft, according to court documents.

    Then-Circuit Judge Jack Springstead thought the victim's misdemeanor arrest was too relevant to have been overlooked. He ruled Burch had ineffective counsel, which was upheld by the higher court.

    Burch was freed.

    Davis, who was widowed for about a year, lived by herself at 815 St. Francis St.

    Neighbors would regularly see her working in her yard. It kept her busy and kept her active. She put a lot of work into her home, which was one of the most decorative in the neighborhood.

    Davis was a retired schoolteacher. She also used to volunteer at a Hernando County Sheriff's Office substation, which was walking distance from her home.

    She was well-known and well-respected in her community. As soon as news broke about her death, people were on high alert.

    A relative contacted the authorities after not seeing or hearing from Davis for two days.

    The crime scene was a horrifying sight to the deputies who responded.

    Blood splatter was discovered in the bathtub, toilet and cabinet as well as on the walls and floor of the bathroom. More blood was found on the glass oven and on the kitchen floor, according to court documents.

    Droplets of blood also were found along the cement driveway, deputies said.

    A forensics unit collected hair, debris and other evidence throughout the house — including the hallway, dining room, living room, sun room and family room.

    The autopsy revealed Davis suffered "sharp force trauma" to her neck and face.

    During his interview with Detective Bryan Faulkingham, Burch admitted he had been hired by Davis to do some yard work, according to court records.

    He also said Davis had made him a few sandwiches and he was inside the house eating lunch while Davis was outside.

    He said he took a few minutes to search her bedroom for items to steal, but didn't take anything from her house, according to the sheriff's office.

    During a media conference announcing Burch's arrest, then-Sheriff Richard Nugent said Burch stole several jewelry items from Davis' home. Virtually all of it, he said, was sold for drug money.

    Burch was heavily under the influence of drugs when he was apprehended, Nugent said.

    When Faulkingham told Burch about Davis' death, he "acted surprised and upset," the detective wrote in his report.

    Burch's next court hearing is scheduled for Tuesday. No trial date has been set.

    http://www2.hernandotoday.com/conten...der-defendant/

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    Capital case moves ahead

    When a judge sentenced John Kalisz to death in March, it was the first time a convicted killer in Hernando County was sent to death row since 1995.

    Jurors could make it happen again for the second time this year.

    Circuit Judge Daniel Merritt Jr. denied a series of defense motions Thursday aimed to protect Byron Burch from the risk of becoming the sixth murder defendant from Hernando to be added to the death-row roster.

    Burch, 41, is accused of murdering 80-year-old Sarah Davis the night of May 15, 2010, in her south Brooksville home.

    Authorities said Burch killed Davis, stole her jewelry and hocked it for drugs.

    Defense attorney Tricia Jenkins filed several motions, but the one that elicited the most favorable response from the judge was the one suggesting Florida's death penalty was unconstitutional based on appellate courts' inability to discern jurors' interpretation of penalty phase testimony.

    Jurors are required to compare aggravating factors of a homicide and weigh them against mitigating factors, such as the defendant's background and state of mind.

    "Reviewing courts never know what aggravating and mitigating factors jurors found," Jenkins said.

    Merritt overruled the motion but conveyed some support for Jenkins' argument.

    "Jurors make determinations … but the court has no idea what they are," he said.

    In another development, Merritt agreed to reschedule Burch's trial from Aug. 28 to Oct. 15 because of scheduling conflicts.

    Jurors decided unanimously in January to recommend death for Kalisz, who was convicted of a double homicide. One of his victims was his sister.

    In addition to Kalisz, the other Hernando murderers on death row are Alfred Fennie, Richard Shere, Paul Hildwin and Freddie Hall.

    http://www2.hernandotoday.com/news/h...ead-ar-419017/
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    Trial starts for man accused of murdering Sarah Davis, 80

    HERNANDO COUNTY -- The trial has started for a Hernando County man accused of killing a well-known Brooksville woman.

    Life along a quiet South Brooksville Street is back to normal, but people around here have not forgotten Sarah Davis. Five years ago she was murdered in her home. She was 80 years old and James Henry, who is a friend, remembers her well.

    "A death like that, it shouldn't have happened," he said. "It really shouldn't have happened."

    Davis was a very well respected member of the community. She was a teacher and librarian for 30 years, she was involved with the NAACP and she worked at the local sheriff's substation. A nearby road was even renamed in her honor.

    "She was a mentor for a lot of people," Henry said.

    Byron Burch is now on trial for her murder and jury selection is underway. Investigators said Davis was trying to help Burch by giving him odd jobs around her house. Detectives said Burch killed Davis to steal her jewelry to buy drugs.

    "She was just trying to help," Henry said. "Trying to do something for him to make his life better."

    Investigators said Burch has a long criminal record that started when he was a teenager. It includes things like robbery, assault, drug possession and now he's accused of murder. Brenda Mobley had Davis as a teacher. She wants justice.

    "Once the trial is over I know we will all be more at peace," she said.

    For now the future of the accused killer is unclear, but no matter what happens, Davis will live on in the community she loved.

    If Burch is found guilty he could face the death penalty. We're told the trial and sentencing phase could last a few weeks.

    http://www.baynews9.com/content/news...s_for_man.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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    Beloved Brooksville teacher's murder trial begins after five years

    By Josh Solomon, Times Staff Writer

    BROOKSVILLE — The evening of Friday, May 14, 2010, began like any other for Sarah Davis, Assistant State Attorney Rick Buxman said Wednesday in Hernando County Circuit Court.

    The 80-year-old Davis made dinner and put curlers in her hair, Buxman said.

    "But this night was not like any other night. On this night, Sarah Davis had her head beside the tub, lying in her own blood, having been stabbed by this man, Byron Burch," he told jurors, pointing to the defense table during opening statements in Burch's trial.

    Burch, a crack cocaine addict with a long rap sheet, had done handywork for the retired south Brooksville teacher earlier that day. Now 44, he is on trial in connection with her slaying. If convicted of first-degree murder, he could face the death penalty.

    Law enforcement officers found Davis the next morning, after a niece hadn't heard from her and grew concerned. Davis had been cut or stabbed more than 20 times, Buxman said, including lacerations to her neck that sliced through crucial blood vessels. The medical examiner ruled her death a homicide.

    Burch's attorney, Tania Alavi, contended in her opening statement he didn't do it. She said that after Burch did the work for Davis, she paid him and he left to go buy cigarettes and more crack.

    She said Burch's first reaction when detectives told him Davis had been killed was to ask them who would want to hurt her.

    "While Byron did steal, while Byron did do drugs, he did not kill Ms. Davis," Alavi told the jury.

    Davis was a beloved figure in the city, having taught many of south Brooksville's residents during her 30-year tenure, much of it at Moton School, which at one time was the only African-American school in Hernando County. After her retirement, she stayed active in the community, volunteering with her church, Bethlehem Progressive Baptist, leading the neighborhood's crime watch and working at a Sheriff's Office substation.

    In 2012, the city officially renamed Newgate Street after Davis. The shady one-block Sarah F. Davis Drive sits around the corner from Davis' home on St. Francis Street.

    It took five days for attorneys to settle on a jury, and court officials estimated the trial will take about two weeks. A trial date had been set for 2012, but was postponed when Burch was assigned a new attorney.

    http://www.tampabay.com/news/courts/...-years/2232160

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    Byron Burch convicted of killing beloved Brooksville teacher

    By Josh Solomon
    Tampa Bay Times Staff Writer

    BROOKSVILLE — Mack Davis III and his family made a pact not to get emotional when they heard the verdict, no matter which way it went.

    But when Davis heard "guilty," he couldn't help himself. He wept.

    Byron Burch, 44, was convicted by a jury of first-degree murder Thursday in the 2010 slaying of Davis' 80-year-old mother, Sarah.

    Burch, who was also convicted of burglary of an occupied dwelling, will be sentenced next week. He faces either life in prison without parole or the death penalty.

    "It's the verdict I had hoped for," said Mack Davis, 64. "It was such a relief to hear that reading from the judge."

    The five years since his mother's death have been "exhausting," the son said. Waiting for justice interfered with his grieving. The trial was originally set for 2012, but was postponed when Burch was given a new attorney.

    "You aren't able to move beyond the loss as quickly as you hoped you would because it's always in front of you," said Mack Davis, a retired University of South Florida administrator. "There's always something in the court system that reminds you your mom was killed."

    A beloved teacher for more than 30 years, Sarah Davis was a matriarch in the Brooksville community. In retirement, she stayed active by volunteering with her church, working at a Hernando County Sheriff's Office substation and leading her neighborhood's crime watch.

    On May 14, 2010, Sarah Davis hired Burch, her great-great nephew and a crack cocaine addict with a long criminal history, to do handy work around her home.

    That night, authorities found Davis dead in her bathroom, slashed and punctured more than 25 times.

    The next day, Burch was arrested on burglary charges. Authorities then linked him to Davis' death.

    Even though they were distant relatives, Mack Davis said he had never seen Burch before. Their first meeting was in a courtroom.

    Investigators said they found samples of Davis' blood on shorts that belonged to Burch, as well as Burch's DNA under Davis' fingernails. Burch also left a palm print on the rim of the bathtub, they said, directly above Davis' body.

    During the jury's deliberations, they had the court replay video of an interview investigators conducted with Burch when he was arrested five years ago. Jurors also asked to have witness testimony read back to them.

    They deliberated for about 14 hours over three days before coming up with the verdict that Mack Davis wanted.

    From now on, when he visits his mother's grave, he says it will be with a great weight off his shoulders.

    When people used to ask him how he was doing, Mack Davis said he had to think about it. But not anymore.

    "I can honestly say, 'I'm doing well.'"

    http://www.tampabay.com/news/courts/...illing/2233288

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    Brain scan delays sentencing hearing for convicted murderer in Brooksville

    By Josh Solomon
    Tampa Bay Times Staff Writer

    BROOKSVILLE — Murderer Byron Burch's sentencing has been delayed until late July after his defense ordered a new scan of Burch's brain, catching the prosecution off guard.

    Burch was convicted of first-degree murder last week in the 2010 killing of Sarah Davis, a retired Brooksville teacher and community matriarch.

    He faces either life in prison without the possibility of parole or the death penalty.

    The defense originally utilized a method called quantitative electroencephalography to map Burch's brain activity. However, the state raised concerns about the scan's reliability, and the court ruled it inadmissible.

    In response, defense attorneys took a positron emission tomography scan of Burch's brain. They received the scan results, along with expert testimony, over the weekend and filed a motion to include the scan as evidence. The prosecution, though, was not aware the scan existed until the defense filed its motion. That left the state only a short period of time to prepare before the sentencing phase of the trial, which was scheduled to start Monday in Hernando Circuit Court.

    Burch's lawyer, Terry Lenamon, said the brain scans are important, showing damage that could affect Burch's impulse control. "The PET scan clearly shows abnormal brain impairment, which is important in the penalty phase," Lenamon said.

    Assistant State Attorney Pete Magrino argued the PET scan also should be ruled inadmissible. But Circuit Judge Daniel Merritt Jr. said he worried that if he excluded the scan, a higher court could toss out the sentence on appeal.

    Merritt also acknowledged the state would be at a disadvantage if he required the sentencing hearing to proceed as scheduled. He recessed the hearing until July 20, enough time for Magrino to interview medical experts about the PET scan and depose witnesses.

    http://www.tampabay.com/news/courts/...sville/2233777

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    Life sentence recommended for Brooksville man who killed 80-year-old woman

    By TBO.com staff

    A jury has recommended life in prison for a Brooksville man who fatally stabbed an 80-year-old retired teacher and former employee of the Hernando County Sheriff’s Office.

    In June, a jury found 44-year-old Byron Burch guilty of first-degree murder in the May 2010 death of Sarah Davis. A hearing is slated for Aug. 20, and a judge will decide whether to follow the recommendation or opt for a death sentence.

    According to investigators, Davis felt sorry for Burch after learning he was destitute and addicted to drugs and tried to help him by giving him jobs around her south Brooksville home.

    Detectives said
    Burch attacked her with a knife when she tried to prevent him from stealing her jewelry. Her body was found in a bathroom in a pool of blood with more than 20 wounds.

    Records show Burch had a long criminal history dating back to when he was 16 years old. He has been convicted of sexual battery, burglary, battery against a law enforcement officer and resisting arrest.

    Six months prior to Davis’ death, Burch was released from prison. Records show an appellate court overturned a robbery conviction on a technicality after he served barely one-fifth of a 15-year sentence.

    Editor’s note: An earlier version of this story contained incorrect information about the jury’s recommendation.

    http://tbo.com/news/crime/death-reco...oman-20150801/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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