Douglas Davis always contended he shouldn t be convicted of possessing a gun that cop killer Maurice Clemmons took off one of his victims because he never touched the weapon.
The state Court of Appeals has agreed.
In a 3-0 decision issued Friday, a panel from Division II overturned Davis convictions for possessing a stolen firearm and unlawful possession of a firearm, and ruled he could not be recharged in the case.
I think he s an innocent guy who found himself in a position he couldn t get out of, said Davis attorney Kent Underwood.
As part of the same decision, the appellate panel upheld the convictions of two other of the so-called Clemmons Seven defendants.
Justices Jill Johanson, Thomas Bjorgen and Christine Quinn-Brintnall ruled there was sufficient evidence for a jury to find Eddie Davis, who is unrelated to Douglas Davis, and Clemmons aunt Letrecia Nelson guilty of aiding the killer and possessing the gun he took from Lakewood police officer Greg Richards body.
In addition to Richards, Clemmons killed Sgt. Mark Renninger and officers Tina Griswold and Ronald Owens during an attack Nov. 29, 2009, at a Parkland coffee shop.
Clemmons later was shot dead by a Seattle police officer during a manhunt that spanned two counties.
In the aftermath of the killings, Pierce County prosecutors filed charges against seven people, winning convictions against six either through jury trials or pleas.
Douglas Davis became the second of them to see a conviction overturned. Last year, an appeals panel threw out the convictions of Clemmons sister LaTanya Clemmons, and prosecutors chose not to try her again. She d been charged with rendering aid to her brother s getaway driver.
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Adam Lynn: 253-597-8644 adam.lynn@ thenewstribune.com