FAYETTEVILLE -- Washington County prosecutors will seek the death penalty against one of six people accused of killing a woman last year.
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 beaten by her husband, John Davis, and four other defendants, including Chumley.
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
Prosecutor Matt Durrett told Circuit Judge Joanna Taylor at a motion hearing Thursday he filed formal notice the state is seeking the death penalty against Chumley. Grounds for the request are because the killing was done to prevent an arrest and in an especially depraved or cruel manner, according to the notice.
Durrett was asked during the hearing to specify the behavior the state believes manifested a disregard for the value of human life, which is a requirement in capital cases.
"She was beaten repeatedly. She was hooked up to a battery charger. She essentially bled to death from the beating she took. She was beaten with a baseball bat. She was raped with a baseball bat," Durrett said. "Those are the acts we allege constitute evidence of disregard for human life."
Durrett said he hasn't yet decided whether to seek the death penalty against the remaining defendants.
Lawyers for Chumley filed more than a dozen court motions in August. On Thursday, Taylor denied motions to declare the death penalty unconstitutional and to prohibit a death-qualified jury.
Taylor agreed to allow a supplemental juror questionnaire and said she may allow sequestered questioning of potential jurors.
Capital murder is punishable by either life in prison or the death penalty. Trial is set for Jan. 29. A hearing on motions to suppress evidence in the case is set for Nov. 30.
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.
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 10/28/2016