Pierce County Superior Court Judge Stephanie Arend on Wednesday denied Davis’ request to be released on bail during his appeal. She said she feared Davis, a native of Arkansas, might leave Washington should she allow him to post bail.
“He doesn’t have sufficient ties to the Washington area, and he might flee,” Arend said.
A jury last month convicted Davis, 23, of unlawful possession of a firearm and illegally possessing a stolen firearm. Jurors decided he essentially had “dominion and control” over a handgun Clemmons wrestled away from Lakewood police officer Greg Richards and used to kill him.
Davis was in the same room with the gun after he accompanied Clemmons from Tacoma to a house in Pacific after the fatal shooting of Richards and three colleagues.
Arend sentenced him last week to seven years, six months in prison.
Her comments Wednesday echoed arguments made by deputy prosecutor Stephen Penner, who pointed out the defendant’s attorney presented evidence during trial that Davis was planning to try to get back to Arkansas shortly before Clemmons shot the officers.
“He’s now facing 90 months in custody,” Penner said. “I don’t think there’s any reason to believe he’d stay in the jurisdiction.”
Defense attorney Kent Underwood argued his client also was trying to get a job in Washington shortly before the shootings and had not shown “a propensity to flee.”
Underwood also said he believes Douglas has a good chance to win his appeal. Underwood argued before, during and after trial that there was no evidence that Davis handled Richards’ gun and very little that he intended to take hold of the pistol.
“I think it would be unfair for him to be in custody during that time,” the defense attorney said.
Davis is one of five people convicted in connection with Clemmons’ killing of Sgt. Mark Renninger and officers Richards, Tina Griswold and Ronald Owens.
They died when Clemmons attacked them at a Parkland coffee shop Nov. 29, 2009. A Seattle police officer shot and killed Clemmons, who the subject of a large manhunt, on Dec. 1.
Adam Lynn: 253-597-8644 firstname.lastname@example.org blog.thenewstribune.com/crime