THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Thursday, December 22, 1994 TAG: 9412220517
SECTION: LOCAL PAGE: B6 EDITION: FINAL
SOURCE: BY JODY R. SNIDER, STAFF WRITER
DATELINE: ISLE OF WIGHT LENGTH: Medium: 71 lines
Preston Otis Davis III, a 23-year-old Suffolk man, was sentenced to 10 years in prison Wednesday for the July stabbing death of a co-worker at a meatpacking plant in Smithfield.
A jury, rejecting Davis' claim of self-defense, convicted the decorated ex-Marine of second-degree murder Nov. 10 for the July 6 stabbing death of Eric T. Giles at Gwaltney of Smithfield Ltd.
At Davis' November trial, it took less than an hour for the jury to find Davis guilty of second-degree murder, and about an hour to return with a recommended sentence of 10 years. The jury could have sentenced him to no fewer than five years and no more than 40 years on the second-degree murder conviction.
On Wednesday, Isle of Wight Circuit Court Judge Rodham T. Delk upheld the jury's recommendation of 10 years.
``This case involves two tragedies,'' Delk said. ``One human life was taken unnecessarily, and Mr. Davis' life will be changed also.
``The jury heard all the evidence presented today. And the court is required by law to give great weight to the sentence recommended by the jury.''
Delk said the recommended sentence falls somewhat below what judges and juries normally recommend for a conviction of second-degree murder.
During Wednesday's sentencing, Davis' mother, Rosa Davis, tried to present a petition signed by about 50 neighbors, asking that the court show Davis mercy in sentencing.
But Judge Delk would not accept the petition when it was submitted by Davis' defense attorney, John D. Eure Jr.
``This court does not sentence people according to the number of signatures obtained in the community,'' Delk said. ``We don't take evidence by proxy. If I accept this, I'd have to sentence someone to the maximum because of the number of signatures obtained.''
According to testimony at the trial, the dispute between the two men began when LaTonya Montgomery, identified as Gile's girlfriend, told Giles that Davis had damaged her car. It happened when Davis and the woman's brother got into a fight in Newport News, she said.
Montgomery said she was picking up Giles from work at the packing plant after his shift about 3:30 p.m. July 6 when Giles decided to return to the plant, where Davis was starting his shift, to confront him about the damage to the car.
Several witnesses testified that Giles had been seen in the plant pushing Davis in the chest, telling him that he was going to kill him, just before the stabbing occurred. At least one witness said Davis walked away from Giles three times to avoid a fight. But when Davis saw Giles reach under his belt, as if he had a gun, Davis pulled a boning knife from his side and stabbed Giles.
Eure argued Wednesday that while it was never disputed that Davis killed Giles with the knife, he said Giles came back into the packing plant looking for Davis, to confront him about the damage done to Giles' girlfriend's car.
``He (Davis) was in the plant, earning his living to support his family. He was right where he was supposed to be,'' Eure said.
Rosa Davis said she doesn't believe her son got a fair trial, and she said her son plans to appeal his conviction.
``People were scared to come forth and tell the truth because they knew this boy (Giles) hung out in a gang,'' she said after Wednesday's sentencing.
``The jury didn't take everything into consideration. They didn't use their own judgment.''
KEYWORDS: MURDER STABBING TRIAL VERDICT
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