Toney Deron Davis

Case identification

Toney Deron Davis (DOB: 03/12/70) was tried in the Fourth Judicial Circuit, Duval County. The case number was 92-13193 and the DC number was 300807. The sentencing judge was The Honorable Henry E. Davis. The trial attorney was Charlie Adams (Private Attorney). Direct appeal counsel was Bill Salmon (Special Assistant Public Defender Attorney). Collateral appeals counsel was Wayne Henderson (Registry).

Background

Toney Davis lived with Gwen Cunningham from September 1992 until 12/09/92. On 12/09/92, Gwen Cunningham left her two-year-old daughter, Caleasha, in the care of Davis while she ran an errand.

The offence

On 12/09/92, an acquaintance of Davis, Thomas Moore, arrived at the apartment around 12:45 p.m. Davis answered the door with Caleasha draped over his arm. Davis told Moore that Caleasha had choked on a French fry, and while Moore called 911, Davis gave Caleasha mouth-to-mouth resuscitation.

Prior to the 911 call, neighbors reported hearing thumping noises and Davis’ raised voice coming from the apartment. When Caleasha was examined at the apartment, she was wet, unconscious, and had blood in her mouth. She was naked from the waist down, although she was fully clothed when Gwen Cunningham left the apartment. Caleasha was revived but later died on 12/10/92.

The emergency room doctor who examined Caleasha noticed bruising, swelling of the brain, and pools of blood in the skull, as well as injuries that suggested vaginal penetration by a penis, finger, or other object. The cause of death was cerebral hemorrhage, caused by four blows to the head.

Caleasha’s hair bow was found in the bed. Caleasha’s blood was found on the sheet, pillowcase, in the bathroom, and on the crotch of Davis’ shorts and underwear.

Investigation

Neighbors reported hearing thumping noises and Davis’ raised voice coming from the apartment prior to the 911 call.

Trial

Charges and indictment

On 12/15/94, Davis was indicted as follows:

• Count I: First-Degree Murder
• Count II: Aggravated Child Abuse
• Count III: Sexual Battery of a Child Under 12

Verdicts

On 05/11/95, a jury returned guilty verdicts on all counts of the indictment.

Recommendation

On 06/13/95, the jury recommended a death sentence by a vote of 11-1.

Sentencing

On 07/18/95, Davis was sentenced as follows:

• Count I (First-Degree Murder): Death
• Count II (Aggravated Child Abuse): 10 years
• Count III (Sexual Battery of a Child Under 12): Life imprisonment

Appeals

Direct appeal

On 08/29/95, Davis filed a Direct Appeal with the Florida Supreme Court, citing the following trial court errors:

• denial of motion to remove counsel before trial
• denial of motion for judgment of acquittal
• sexual battery conviction should be reversed
• admitting victim impact evidence
• considering and finding the heinous, atrocious, or cruel aggravating circumstance when the jury did not consider it
• finding that the murder was committed during a violent felony aggravator
• disproportionate sentencing in comparison to other cases

The Florida Supreme Court affirmed the convictions and sentences on 11/06/97.

U.S. Supreme Court

On 04/09/98, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court. The petition was denied on 06/15/98.

Collateral proceedings

On 05/03/99, Davis filed a 3.850 Motion with the Circuit Court and amended the Motion on 05/06/04 and 07/01/05. The Motion is pending.

Outcome

Davis was sentenced to death on July 18, 1995.

Other details

Caleasha was Caleasha’s hair bow, blood locations, and clothing condition were documented: hair bow found in the bed; blood found on the sheet, pillowcase, in the bathroom, and on the crotch of Davis’ shorts and underwear; she was naked from the waist down when examined though fully clothed when Gwen Cunningham left the apartment.