FAYETTEVILLE -- A judge will eventually decide if a statement made to police and evidence obtained before a search warrant was issued can be used at the trial of one of five people accused of beating a woman to death.
Mark Edward Chumley, 47, 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 beaten by her husband, John Christopher Davis, 28, and other defendants, including Chumley.
Legal lingo
Pretrial motions — 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 whether 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
Circuit Judge Joanna Taylor ruled in November the state could seek the death penalty against Chumley.
Chumley's lawyers argued at a motion hearing Monday he was too intoxicated to voluntarily and knowingly waive his rights and give a statement to police. They also argued Chumley had broken his hand and was in severe pain because he received no medical treatment.
Prosecutor Matt Durrett countered there was no evidence Chumley was intoxicated during the police interview and he knowingly waived his right to counsel and to remain silent.
"What we have is a voluntary statement from the defendant. He certainly has a reason not to be truthful about stuff," Durrett said. "I will admit he made some statements that sound paranoid, but he knew what was going on. He just kept talking."
Defense attorneys said police had no reason to enter the house where Victoria Davis was without a warrant and should have secured a warrant before taking pictures of her from outside. The evidence in question are several pictures taken after police got a key from one house on the property and unlocked the building to determine if Victoria Davis was dead.
Durrett argued police were reacting to a call of a death, were directed on arrival to a locked house and had not verified what was going on.
"This was an emergency situation that allows for warrantless entry," Durrett said. "They looked in and thought she was dead but were not sure until they got inside. Once they determined she was dead, they backed out. Entry was justified; they went no further than they needed to."
Taylor said she will rule on the motions April 4.
The other defendants include Rebecca Lloyd, 37, of 433 S. Hill Ave., and Christopher Lee Treat and Desire Treat, both 30, of 315 S. Block St., Apt. 15. All five are charged with accomplice to capital murder and 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 from the crime scene, according to police.
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 participated in beating Davis, according to police records.
NW News on 03/14/2017