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Thread: Erick Daniel Davila - Texas Execution - April 25, 2018

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    Erick Daniel Davila - Texas Execution - April 25, 2018


    Annette Stevenson and her granddaughter, Queshawn Stevenson


    Erick Daniel Davila


    Summary of Offense:

    On April 26, 2008, Davila and a co-defendant drove to a birthday party where the co-defendant dropped him off. Davila went to the back side of the car, grabbed a model SKSS (762-mm caliber) semiautomatic rifle out of the trunk and walked toward the apartment. Once the subject got to the apartment where the party was located, he went inside and opened fire. The shots fired resulted in the deaths of 48-year-old Annette Stevenson and her five-year-old granddaughter, Queshawn Stevenson. Several other people at the birthday party were injured.

    Davila was sentenced to death in Tarrant County in February 2009.

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    February 27, 2009

    A 21-year-old man was sentenced Friday to death by lethal injection for the 2008 shooting deaths of a 5-year-old girl and her grandmother during a birthday party at their southeast Fort Worth home.

    A Tarrant County jury deliberated roughly seven hours before deciding that Erick Davila posed a continuing threat because of his violent criminal acts.

    They also decided that there were no mitigating factors that warranted giving him life in prison instead. With those answers, State District Judge Sharen Wilson was required to impose the death penalty.

    Davila was convicted Feb. 19 of the April 6, 2008, shooting deaths of Queshawn Stevenson, 5, and her grandmother, Annette Stevenson, 48.

    During closing arguments, prosecutors Tiffany Burks and Bob Gill cited a string of violent crimes that Davila committed last year to convince jurors that he poses a continuing threat to society.

    They said that Davila has been charged in the April 3 killing of Darrel Ford and the April 4 armed robbery of Joe Jimenez in the days before the April 6 shooting that killed Queshawn and Annette Stevenson and injured four other relatives during a party at their Stop Six town house.

    Although Davila has not been convicted in the first two cases, prosecutors were allowed to present evidence about them during the punishment phase of his trial.

    Also, while in the Tarrant County Jail awaiting trial, Davila and two other inmates attacked and injured two jailers and two maintenance men during an escape attempt, prosecutors said.

    Defense attorneys Robert Ford and Joetta Keene acknowledged that Davila had committed violent crimes but pleaded with jurors to consider mitigating factors.

    Davila’s mother was unable to bond with her son, who was conceived during a rape when she was 13. Given that and his low IQ, attention deficit hyperactivity disorder and home in a poor, crime-ridden neighborhood, it was not surprising that he joined a gang and committed crimes, Keene said.

    "There has been enough death in this case, enough dead bodies and sadness," Keene said. "The answer is yes, Erick is worth life."

    http://www.star-telegram.com/local/story/1229335.html

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    Administrator Heidi's Avatar
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    In today's orders, the Texas Court of Criminal Appeals affirmed Davila's conviction and death sentence on direct appeal.

    Opinion here

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    Administrator Heidi's Avatar
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    Gang Member’s Death Sentence Upheld In Murders Of Girl, Grandmother

    HOUSTON -- The Texas Court of Criminal Appeals Wednesday upheld the death sentence of a gang member convicted of opening fire at a birthday party three years ago in Fort Worth, gunning down a 5-year-old girl and her grandmother.

    Attorneys for Erick Davila, 23, raised 14 points of error from his trial in 2009 including a claim the evidence didn't support his conviction, but the state's highest criminal court rejected all of the arguments Wednesday.

    Davila was sent to death row for the murders of Annette Stevenson, 48, and her granddaughter Queshawn.

    He’s was accused of opening fire with a semiautomatic SKSS rifle on April 26, 2008 in Stevenson’s apartment during a birthday party the woman was hosting for another of her grandchildren, according to prison records.

    Four others were wounded in the shooting.

    Stevenson was trying to shield several children when she was shot and killed, neighbors said.

    Davila is also charged in another slaying.

    He attacked Tarrant County jailers and maintenance workers during an escape attempt while awaiting trial.

    http://www.kwtx.com/home/headlines/G...114656114.html

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    Killer's representation is subject of death penalty appeal

    FORT WORTH -- Criminal appeals specialist David Richards spent four hours Monday trying to save his client's life.

    Erick Daniel Davila, 28, was sentenced to death in February 2009 for the April 2008 shooting deaths of Queshawn Stevenson, 5, and her grandmother, Annette Stevenson, 48.

    Now, Davila is taking a first step in a series of hearings, motions and other legal maneuverings available to Death Row inmates. He was returned to Tarrant County from Death Row in Livingston for the hearing.

    Richards, a Fort Worth-based attorney, argued that Davila was represented by ineffective counsel at trial and that his attorneys did not adequately inform the jury about Davila's shattered childhood. Such mitigating circumstances could have led the jury to give him a life sentence instead of death.

    Richards said Davila was raised by an emotionally absent mother who was 14 when he was born and 15 when she had his sister. Davila's mother, Sheila Jones, told her son that she had been raped by her father, Richards said.

    Going to prison became a family tradition, with Davila's paternal half-brother serving time in a Texas prison on a murder conviction and his father going to prison on a murder conviction when Davila was 3, according to a social worker's report.

    But according to one of the attorneys who represented Davila at trial, none of that mattered to the jury once they heard that he tried to escape from the Tarrant County Jail with two other inmates in August 2008.

    Davila was not charged in the escape attempt, but the jury heard that a jailer was kicked and stabbed, and three other county employees were injured.

    State District Judge Sharen Wilson presided over Davila's capital murder trial, the trials of the other inmates who attempted escape and now the appeals hearing, where she will determine whether Davila's representation was adequate.

    "We thought we were winning," attorney Joetta Keene said. "I remember four of the jurors crying as they were on their way to lunch together. And then one day I saw one of the ladies sitting alone on a park bench crying. I knew then that [Davila] was going to die."

    Prosecutor Lisa Callaghan did all she could to discredit the testimony of Toni Knox, the clinical social worker who gathered the information on Davila's sordid family history.

    But Davila's low IQ, a mother who made him work around the house or get outside jobs to support her, his initiation into a gang when he was 14, his drug use -- none of that registered with the jury after they heard about Davila's escape attempt, Keene said.

    "The jury felt so strongly about the danger presented by the jail escape it would only consider the death penalty," Keene said.

    Another factor that jurors must consider in death penalty cases is whether the defendant might be a "continuing threat to society," which includes prison employees. Richards said he believes the jury did not hear all the factors that shaped Davila's life because his attorneys were confused about their roles in the process of finding mitigating evidence. Prosecutors said that nothing Richards discussed Monday would have changed the trial's outcome or its verdict.

    Wilson asked that both the prosecution and the defense lawyers submit briefing documents outlining probable findings of fact for the court. Wilson did not specify when she might make a ruling on issues brought up at the hearing.

    Source
    No murder can be so cruel that there are not still useful imbeciles who do gloss over the murderer and apologize.

  6. #6
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    EX PARTE ERICK DANIEL DAVILA

    Gang member on death row loses appeal

    The Texas Court of Criminal Appeals has refused an appeal from a gang member sent to death row for gunning down a 5-year-old girl and her grandmother five years ago in Fort Worth.

    Attorneys for 26-year-old Erick Davila challenged the validity of his conviction and sentence.

    After a hearing on the appeal, his Tarrant County trial court refused the arguments and the state's highest criminal court Wednesday agreed with the lower court's decision.

    Davila was condemned for fatally shooting 48-year-old Annette Stevenson at her home. Her granddaughter, Queshawn, also was killed and four others wounded at a birthday party for another of Stevenson's grandchildren.

    Davila also was charged with another slaying. Court records also show he attacked Tarrant County jailers and maintenance workers during an escape attempt while awaiting trial.

    http://www.galvestondailynews.com/ne...b41adb690.html

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    Administrator Moh's Avatar
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    Today, the United States Supreme Court DENIED Davila's certiorari petition on appeal from the denial of his state habeas petition.

    http://www.supremecourt.gov/Search.a...es/13-5583.htm

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    Administrator Moh's Avatar
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    On May 19, 2014, Davila filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/tex...cv00506/234091

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    Administrator Moh's Avatar
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    On April 21, 2015, Davila's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...0506/234091/38

    On April 24, 2015, Davila filed an appeal before the US Court of Appeals for the Fifth Circuit.

    http://dockets.justia.com/docket/cir...s/ca5/15-70013

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    Moderator MRBAM's Avatar
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    That should leave him about 18 months away from an X date. Pretty quick even for Texas. Bye Erick.

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