LITTLE ROCK — A woman who pleaded guilty to being an accomplice to the murder of Tommy Ables, a Texarkana car salesman, sobbed as she read a prepared statement to members of the deceased man's family shortly before being sentenced Monday to 20 years in prison.
"I pray to God someday y'all can forgive me for being so stupid," Charlotte Nioche Davis said with a bowed head, her eyes focused on the single sheet of yellow legal paper from which she read. "I wish words could explain my pain and sorrow for your loss. I pray for you more than I do my own family."
Davis, now 18, was only 16 when she followed Daniel Smith and Ables as they test-drove a BMW on Dec. 15, 2005.
Ables was found dead in a ditch in rural Miller County the next day.
Davis pleaded guilty about two weeks ago, but her sentencing was delayed so prosecutors could be certain she would testify against Smith during a trial he was scheduled to face last week. Smith chose to plead guilty Oct. 22, making Davis' account of the murder unnecessary.
"The threat of her testimony probably assisted the state in acquiring his plea," said Miller County chief prosecutor Brent Haltom. "Therefore, she's fulfilled her agreement, and we'll stick with our recommendation of 20 years."
Even before the hearing began, Davis dabbed at tears beneath the wire-framed glasses she wore as she sat close beside her defense attorney, Shannon Tuckett. None of Davis' family sat in support of her in court.
As Circuit Judge Joe Griffin formally carried out her sentencing, Davis' face bore the expression of a much older person.
"It is difficult for the court toknow what to say," Griffin said. "It is hard for us to understand why young people get involved in the things they do and throw away their lives or a good portion of their youth - though it doesn't take away what the Ables family has experienced since Dec. 15, 2005."
Davis clenched her fists around a tissue and the edge of a bench as Griffin spoke. The Ables family sat quietly holding hands on the front row of the courtroom.
"The court appreciates your statement. You've shown remorse I did not see in your co-defendant," Griffin said, referring to Smith.
Smith sat stoically during his sentencing last week. He received a life term.
"I hope when all of this is said and done, this will be a life-changing experience for you," Griffin said. "Perhaps your story can prevent others from making the same mistake."
Griffin sentenced Davis to serve 20 years for first-degree murder. She will receive credit for the 693 days she has already spent in jail waiting for the disposition of her case. Davis will have to serve at least 70 percent of her time before becoming parole eligible. This means she will spend no less than the next 12 years behind bars.
Arkansas, Pages 17 on 10/31/2007