FAYETTEVILLE -- One of five people charged in connection with the killing of a woman last summer is asking a judge to declare the death penalty unconstitutional and to prohibit the selection of a jury comprised of only people who say they could recommend a death sentence.
Mark Edward Chumley, 46, is charged with accomplice to capital murder in the killing of Victoria Annabeth Davis on Aug. 19, 2015. Police said Davis, 24, of 433 S. Hill Ave., was held captive at her house for hours and brutally beaten by her husband, John Davis, and four other defendants, including Chumley.
Legal Lingo
Pre-trial Motions
Motions that are made before the actual trial. After the preliminary hearing and before a trial, the prosecutor and the defense team appear before the criminal court judge and make pretrial motions. These motions can be for varied reasons, such as certain evidence should be kept out of the trial or that certain persons must or cannot testify, or that the case should be dismissed altogether.
Source: uslegal.com
Lawyers for Chumley filed more than a dozen motions Thursday in Washington County Circuit Court.
One asks the judge to declare the sentencing provisions of the Arkansas death penalty statute unconstitutional. The motion argues the Arkansas capital murder scheme does not allow a jury to show mercy and return a lesser sentence. Capital murder is punishable by life in prison or the death penalty.
A death-qualified jury refers to a jury dealing with criminal cases where the death penalty is a likely sentence. This type of jury consists of jurors who aren't categorically opposed to the imposition of capital punishment and not of the belief the death penalty must be imposed in all instances of capital murder, according to USLegal.
Such a jury is predisposed to convict and thereby denies the defendant a fair and impartial finder of fact at the guilt phase of a trial, according to the motion filed by Chumley's attorneys, Christopher Nebben, Scott Brisendine and Scott Parks. It also denies the defendant the right to an impartial jury drawn from a cross-section of the community on the issue of guilt or innocence, according to the motion.
Prosecutor Matt Durrett hasn't decided whether to seek the death penalty against Chumley.
The other defendants include Rebecca Lloyd, 37, and John Christopher Davis, 28, of 433 S. Hill Ave., and Christopher Lee Treat and Desire Treat, both 30, of 315 S. Block St., Apt. 15. Are all charged with accomplice to capital murder.
The five are being held without bond at the Washington County Detention Center.
Chumley called police at 12:39 p.m. and gave his phone to John Davis, according to a police call log. Davis told police he killed his wife because she wanted a divorce. Davis told police he "shot her up with dope" and told police his wife was "in the living room on the floor," the log says.
Davis told detectives he and other people kept his wife captive and beat her for several hours before destroying evidence at the crime scene, according to police. Victoria Davis had injuries indicative of blunt force trauma from an object, police said.
Chumley and Christopher Treat admitted to taking part in the slaying, police said in preliminary reports. Davis, Chumley and Treat said Desire Treat also was involved. Several of those arrested said Lloyd was involved, according to an arrest report.
Lloyd told police she knew about the crime beforehand, participated in beating Davis and helped the others "in the commission of the crime and helping them dispose of evidence of the crime afterwards," according to the report.
NW News on 08/12/2016