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Fayetteville Officer Arrested

REPORT: DAVIS THREATENED MAN WITH KNIFE, GUN

By Kate Ward

Posted: January 4, 2012 at 5:43 a.m.

Washington County Sheriff’s Office deputies arrested a Fayetteville police officer Tuesday after a report he threatened his ex-wife’s boyfriend with a knife and gun.

photo

Terry Davis

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For a police officer to only get placed on Paid leave and $10,000 bond after they have assaulted with a knife and gun someone in their own home that was unarmed is just another example that police are above the law.

Posted by: sandarr_juno_com

January 4, 2012 at 11:21 a.m. ( | suggest removal )

Sometimes criminals wear badges.

Posted by: MrD

January 4, 2012 at 1:43 p.m. ( | suggest removal )

How are police above the law. He was arrested, had a bond set by a judge, and is on paid administrative leave. Do the police not have the same right of innocent until proven guilty as everyone one else has?

Posted by: nikki1105

January 4, 2012 at 1:56 p.m. ( | suggest removal )

Here's how....if it were anyone but a cop, the charges would have included things like, kidnapping, terroristic threatening, aggravated assault, breaking and entering, assualt with a deadly weapon, etc.,etc. and the bond certainly would not have been $10,000

Posted by: Wayfost

January 4, 2012 at 5:17 p.m. ( | suggest removal )

wayfost-what do you think aggravated residential robbery means. It includes terroristic threatening, battery 1st is a higher charge than aggravated assault and includes assault with a deadly weapon. Breaking and entering does not fit, that is why it is burglary. Check out what the statutes are and what someone can be charged with. unfortunately you can't just make up things to charge someone with.

Posted by: nikki1105

January 4, 2012 at 5:39 p.m. ( | suggest removal )

According to the WCSO booking info, Davis was charged with Battery 1st Degree and Aggravated Residential Robbery. Both are the HIGHEST level of chargeable offences. A $10,000 bond for a first time offender with no flight risk is not a low bond by any means. Bond is not set as punitive based on "how bad" someone's crime was. It is set based on how likely they are to show up in court.

5-13-201. Battery in the first degree.

(a) A person commits battery in the first degree if:

(1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon;

(2) With the purpose of seriously and permanently disfiguring another person or of destroying, amputating, or permanently disabling a member or organ of that other person's body, the person causes such an injury to any person;

(3) The person causes serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life;

(4) Acting alone or with one (1) or more other persons:

(A) The person commits or attempts to commit a felony; and

(B) In the course of and in furtherance of the felony or in immediate flight from the felony:

(i) The person or an accomplice causes serious physical injury to any person under circumstances manifesting extreme indifference to the value of human life; or

(ii) Another person who is resisting the felony or flight causes serious physical injury to any person;

(5) With the purpose of causing serious physical injury to an unborn child or to a woman who is pregnant with an unborn child, the person causes serious physical injury to the unborn child;

(8) With the purpose of causing physical injury to another person, the person causes physical injury to any person by means of a firearm; or

(c) (1) Except as provided in subdivisions (c)(2) and (3) of this section, battery in the first degree is a Class B felony.

(I cut out some sections that didn't apply due to posting restrictions)

5-39-204. Aggravated residential burglary.

(a) A person commits aggravated residential burglary if he or she commits residential burglary as defined in § 5-39-201 of a residential occupiable structure occupied by any person, and he or she:

(1) Is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon; or

(2) Inflicts or attempts to inflict death or serious physical injury upon another person.

Posted by: nwlocal

January 4, 2012 at 6:24 p.m. ( | suggest removal )

Davis was at the man's house when the officers arrived...had fired a gun, which can be easily proven or disproven...beat the man, which can also be fairly well substantiated with physical evidence.

I'm relieved Davis is on leave. Not comfortable with the idea of this man carrying a gun *and* a badge

Posted by: SPA

January 4, 2012 at 7:12 p.m. ( | suggest removal )

There ain't no such thing as "Aggravated Residential Robbery." There weren't any such thing as "Aggravated Residential Burglary" 'till year before last, when the Nazis we elected to the Legislature made it up.

You internet lawyers oughta try getting your law straight before cutting-and-pasting. Idiots.

Posted by: GeneralJackTRipper

January 4, 2012 at 11:50 p.m. ( | suggest removal )

GenJTR--

I am so grateful that somebody actually looked up relevant information instead of bandying unsubstantiated claims and airing baseless complaints that I am willing to view the substitution of "robbery" for "burglary" as a minor slip of attention rather than an egregious and fatal error.

RE "the Nazis we elected to the Legislature"
"We"? Did you vote a straight Nazi ticket?

Posted by: AlphaCat

January 5, 2012 at 1:04 a.m. ( | suggest removal )

the guy is still getting paid no matter what . That sounds like a paid vacation when you do not have to work and the employer still sends you a paycheck. The dpt says they cannot suspend him till they prove he has done something wrong. Is it not obvious ?

Posted by: oldrustynut

January 5, 2012 at 4:20 a.m. ( | suggest removal )

GenJack
How is my law not straight? Just because Aggravated Residential Burglary is a newer law (2007), does not make it any less valid. Im sorry that the "nazi's" made it illegal to break into someone else's home with a weapon - I know Arkansas was a better place while that was still legal.

My point was, Davis was charged with a Class Y Felony and a Class B Felony - hardly a slap on the wrist, or example of being "above the law".

Posted by: nwlocal

January 5, 2012 at 7:44 a.m. ( | suggest removal )

CAN'T WE ALL JUST GET ALONG

Posted by: mable

January 5, 2012 at 7:56 a.m. ( | suggest removal )

Interesting case. Did he have to actually put up 10K to get out, or just $1K? Generally the actual cash put up is 10% of the bond amount set. Don't know which is reported on the Sheriff's website. Not sure if this guy was evaluated for mental stability prior to release either. No mention of alcohol/drugs but wouldn't be surprised to learn he was under the influence of something to (allegedly) behave this way.

Posted by: Dellmann

January 5, 2012 at 9:10 a.m. ( | suggest removal )

My bad - I meant "burglary" not robbery. We all know you can't rob a "thing" only a person.

Posted by: nikki1105

January 5, 2012 at 9:32 a.m. ( | suggest removal )

NWlocal....you obviously have some sort of background in law enforcement, as do I, so I shouldn't have to explain, that in the vast majority of cases, when someone is arrested by law enforcement for a violent crime, the lesser included offenses are charged at the time of arrest...not just the HIGHEST chargable offense, as you put it. This is done so that the bond will be set high until the offender goes before a judge, and the prosecutor has time to decide what the actual charges will be. Don't pretend that you don't know what I'm talking about...I saw it happen every day.

Posted by: Wayfost

January 5, 2012 at 9:57 a.m. ( | suggest removal )

Yes, the initial charges are not always what are actually brought to trial. Also plea agreements are sometimes entered to different charges depending on prosecutor and defense attorney negotiations. Interesting to see how this one plays out, glad at least no one was killed.

Posted by: Dellmann

January 5, 2012 at 1:01 p.m. ( | suggest removal )

Lifetime. I am sure glad you aren't the judge in this case . You would find him guilty then have a trail. Isn't a paid vacation a great idea, it will give him time to pack for prison if you have your way. You might want to read the United States Constitution.

SPA, I am sure he is no longer carring a gun or a badge, give the people in charge of the Police Dept. a little credit. They know to kind of damage something like this can do to their standing in the city.

It's called due process.
Let the haters, fack checkers, typo checkers, and stupid comments begin.

Posted by: mable

January 5, 2012 at 4:35 p.m. ( | suggest removal )

This is the way it will play out: He will lose his job, go before the judge, be put on probation and never spend a day in jail. The only opinion that matters is coming out of the judicial process. What the rest of us think carries the same importance as a cricket chirping.
Right or wrong has nothing to do with it. It is just the way these things pan out historically.

Posted by: MrD

January 7, 2012 at 12:07 p.m. ( | suggest removal )

Dellman,
Thank you for your insight. A lot of these guys workout quite a bit. He looked pretty big, but I don't know if he is.
I do know quite a bit about Steroidal Rage however, and this does fit into your idea of him being under the influence of something, like testosterone or some other steroid.

Posted by: Camelback

January 8, 2012 at 9:13 a.m. ( | suggest removal )

nwalocal:
Your law is not straight because you used the word "robbery;" cut and paste all you want to, but know the words you use before you put them out before the public. The words, and how you use them, do matter.

alphacat:
I apologize. My use of the perjorative "nazis" was an overstatement (I may have been drinking.) I shoulda said "ignoramuses."

My point, while not well put, is only that the people we elect to the state legislature enacted yet another unnecessary law to regulate behavior that was already criminal. We didn't need this new law; we had plenty of ways to punish people without it.

Posted by: GeneralJackTRipper

January 8, 2012 at 4:22 p.m. ( | suggest removal )

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