FAYETTEVILLE -- A jury has been seated and the capital murder retrial of Mark Edward Chumley got underway Wednesday afternoon.
Chumley, 48, is charged in Washington County Circuit Court with accomplice to capital murder in the killing of Victoria Annabeth Davis, known as Tori, on Aug. 19, 2015. Police said Davis, 24, of 433 S. Hill Ave., was held captive at her home for hours and beaten by her husband, John Christopher Davis, 28, and four others, including Chumley. She died of blunt force trauma.
Chumley's trial in May ended in mistrial after a co-defendant said in his testimony Chumley is a convicted felon.
Chumley faces life in prison without parole or the death penalty if convicted.
Terra Stephenson, deputy prosecuting attorney, told jurors in her opening statement Chumley was the ring leader who called the shots in the killing. Stephenson said Chumley was paranoid and thought Tori Davis was trying to set him up for some kind of crime involving drugs or the sexual abuse of children.
"In his mind, it has to be with him and it comes from Tori," Stephenson said, "So, that's the motive here for her death."
The defense doesn't dispute Chumley was involved, but they contend his role is being exaggerated.
Scott Brisendine, an attorney for Chumley, urged jurors in his opening statement to consider the roles played by each person involved and return a lesser charge than capital murder.
'There are many aspects of this case that are really not in contention. There's no doubt that Ms. Davis was beaten and killed," Brisendine said. "Who did what, however, is not so apparent. Although you are the fact finders in this case, you may have many unanswered questions at the conclusion of all the evidence we hear."
When police arrived, they found Tori Davis' badly beaten body on the floor in a small building on the property. She was wearing only a tie-dye T-shirt, and there was a used syringe next to her.
John Davis pleaded guilty earlier this year to being an accomplice to first-degree murder and was sentenced to 37 years in prison in exchange for his testimony against Chumley. The other defendants are Christopher Treat, 32; his wife, Desire Amber Treat, 32; and Rebecca Lee Lloyd, 39.
Some of the defendants have plea bargain offers and are expected to testify against Chumley. Prosecutors said Wednesday the Treats were each offered 35 years on a first-degree murder plea.
NW News on 10/18/2018