Roderick Davie

Case record: Roderick Davie

Background

Roderick Davie returned to his former workplace, Veterinary Companies of America in Warren, armed with a revolver. He had been fired from the company in April 1991. The attack took place on June 27, 1991.

The offence

On the morning of June 27, 1991, Davie went to Veterinary Companies of America (VCA) in Warren and ordered three workers to lie face down on the floor. He shot John Ira Coleman, and he shot a second man, William John Everett, who remained conscious after being shot in the head, shoulder, and left arm. Davie then pursued Tracey Jefferys, beat her to death with a folding chair, and took items including Everett’s wallet and Jefferys’ change purse before leaving the warehouse.

After shots were fired, Jefferys ran. Davie returned with Jefferys, and Everett heard Davie remark to Coleman, “You ain’t dead yet, huh, brother?” and fire another shot. Davie then took Everett’s wallet out of his left rear pocket. Everett heard Davie unload the gun and tell Jefferys, “You're lucky, I'm out of bullets.” Davie pursued Jefferys as she attempted to flee, and Everett heard Jefferys scream for three or four minutes, until the screaming stopped.

Everett escaped the warehouse and made his way to the street. Davie attempted to run Everett down with a truck; Everett escaped by jumping under a bridge. Davie then beat Everett with a stick and attempted to gouge Everett’s eyes out with the stick. Everett testified that Davie had “the look of ‘a man on a mission and he was definitely going to kill me.’” Davie stopped beating Everett, looked up over the bridge, and left the area. Everett was treated at the hospital for three gunshot wounds—one to the head, one to the shoulder, and one to the arm.

Tracey Jefferys died in VCA’s lunch room due to blunt force trauma; a metal folding chair was found next to her body. Coleman died in the warehouse as a result of five bullet wounds, with two wounds located in the back of his head. An autopsy of Coleman’s body showed he died immediately from five bullet wounds: two in the back of his head, one in the back of his neck, and two in the upper portion of his right thigh. An autopsy of Jefferys’ body showed multiple lacerations about the face and head, multiple skull fractures, lesions to her back and legs, and defensive lesions of both forearms, and the coroner determined these wounds were caused by blunt force trauma inflicted while she was still alive. Hairs removed from both a coffee maker and a chair matched those of Jefferys, and a bloody fingerprint found on the base of the folding chair was identified as that of Davie.

Investigation

Police officers found overturned bookcases and debris on the floor of one of the offices and a broken window adjacent to the interior entrance door. Inside the truck cab, officers found a .38 caliber Smith and Wesson with three spent shells inside the gun. The gun was determined to be operable and was identified as the gun that fired the spent shells found between the dumpster and the VCA building, the bullet recovered from Coleman’s body, and the bullet found on the floor of the VCA warehouse.

Officer Michael Albanese arrived after Donna Smith and another driver had called police. Smith showed Officer Albanese the location where Everett went over the bridge, and they heard him say, “I'm under here.” Albanese asked Everett if he knew who shot him, and Everett gave the name “Robert Davis” over the police radio. When Albanese asked Everett again who shot him, Everett told him, “Roderick Davies,” and Albanese corrected the name on the police radio. Everett also told Albanese that two more people had been shot at the VCA.

At around 8:30 a.m., Carl Miller, chief bailiff for the Warren Municipal Court, received a telephone call from Dwayne Thomas, a.k.a. Styx, indicating that he had information regarding the murders at the VCA and that he and Davie were at Davie’s house at 436 White Court. Miller knew Styx for about five or six years and believed him to be reliable. After the call, Miller went to the VCA warehouse where he informed Captain Timothy Downs about the conversation with Styx. The two men proceeded to 436 White Court. Davie was advised of his Miranda rights and arrested.

Sergeant Mark A. Massucci took a statement from Styx, and based on the information given by Styx, Massucci went with Styx to his house on White Court. In a wooded area behind Styx’s house, officers found a plastic bag containing LA Gear suede shoes, a blood-stained T-shirt, blue jeans, and a blood-stained green short-sleeved shirt. The blood on the clothing was determined to be consistent with Jefferys’ blood. Inside the pockets of the blue jeans were items including a checkbook belonging to Jefferys and .38 caliber spent shells, later determined to have been fired from the gun found in the truck.

Later that day, detectives went to 436 White Court to talk with Sonya Barnes, Davie’s girlfriend and mother of his two-year-old daughter. With Barnes’ consent, the detectives searched the house and found a black pouch belonging to Jefferys in plain view on the kitchen table. Barnes’ father found a wallet belonging to Everett on the top of the refrigerator. In her statement to police, Barnes stated that Davie came home before 8:00 a.m. wearing “a green like khaki green short sleeve shirt, with a red T-shirt under it, and jeans.” Davie told her, “I'm in trouble. Some people have been shot,” and then he said he shot them. Barnes also testified that “appellant told [her] to say that he did it, for reasons unknown to [her].”

Barnes testified that after Davie came back inside the house, Styx carried a checkbook and asked Davie if he wanted to take some money out of it; Davie declined and Styx kept the checkbook. Barnes also testified that Styx asked Davie if he had any money, and when Davie said “No,” Styx pulled a .38 revolver on him. Barnes testified that Davie told Styx that he would have to kill Barnes too, and Styx put the gun down at his side and then made two phone calls including his call to Miller. Barnes testified that when Davie and Styx were taken away in the police cruiser, she did not see the black pouch on the table or the wallet on the refrigerator.

Arrest

Davie was arrested after officers traveled to 436 White Court following the telephone call from Dwayne Thomas (Styx). Davie was advised of his Miranda rights at the time of arrest.

Confession and statements

After his arrest, Davie told detectives, “I just flipped out this morning. I went down to the VCA and shot 'em up.”

On one occasion, Davie testified that he went to the VCA around 7:00 a.m. on June 27, 1991 to see if he could borrow some money from Jefferys and Everett to pay Styx the money he owed him for a drug deal gone bad. Davie testified that he claimed that Jefferys let him into the building, and he spoke to her about borrowing some money. Davie also claimed he spoke to Everett about borrowing money, and that he then entered an office where he found Jefferys and Styx. Davie testified that Styx handed him a gun and told him to take Jefferys and Everett to the warehouse while Styx looked for some money in the office. Davie testified he ordered Coleman to join them and lie face down. Davie also testified that Styx came out of the office and told Davie that he could not find any money, after which Davie handed Styx the gun and went into the office. Davie testified that he heard gunshots and saw Jefferys run into the office with Styx running behind her carrying a coffee maker. Davie testified that he attempted to help Jefferys, but Styx pointed the gun at him and told him to stay out of it. Davie testified he heard Jefferys screaming and then heard silence. Davie testified that when he walked back into the lunch room he saw Jefferys lying on the floor and picked the chair up off her. He testified he determined she was not breathing, hugged her, laid her down, took her car keys, and drove home.

During the trial proceedings and appeals, details of his statements were addressed. At the federal level, the appellate court described the circumstances of Davie’s custodial questioning and confession. The appellate court stated that at approximately 8:30 a.m. Davie was arrested, read his Miranda rights, and transported to the police station. At approximately 9:05 a.m., Detective Hill read Davie his Miranda rights with Lieutenant Carl Blevins present; Davie initialed the rights form but refused to sign the waiver and the officers made no attempt to interrogate him at that time. At approximately 9:59 a.m., Captain Downs and Blevins entered the interrogation room, again advised Davie of his Miranda rights, and Davie declined to speak further and the interview ceased. At approximately 12:15 p.m., authorities questioned Davie; Davie provided information but did not confess. At 12:35 p.m., Davie indicated he had nothing more to say and the interview ceased. At around 2:00 p.m., Davie indicated that he wanted to speak with Detective Vingle; after Vingle advised him of his Miranda rights, Davie confessed on tape. The appellate court stated that at no time did Davie ask for a lawyer.

At the 2:00 p.m. interview, the appellate court quoted the exchange as follows:

Det. Vingle: Okay, about 5 minutes to 2 [o'clock], Sgt. Massucci came up from the jail and advised me that you wanted to see me.
Davie: Right
Det. Vingle: And I came down and you said you wanted to talk to us while we brought you back upstairs, right?
Davie: Yea.
Det. Vingle: Do you want to acknowledge this that you have been given your rights again? Do you understand this one too [the waiver provision], do you want to initial that one?
Davie: It don't matter, do it.
Det. Sines: Any particular reason why, you just don't want to initial that part? Davie: Right.
Det. Sines: Are you still willing to talk to us?

Trial

Davie appealed from the judgment of the Trumbull County Court of Common Pleas convicting him of two counts aggravated murder with specifications of four aggravating circumstances, two counts of felony murder with specification of four aggravating circumstances, one count attempted murder with specification of a firearm possession, three counts of kidnapping, two counts of aggravated robbery, and one count of aggravated burglary, and from the judgment imposing the penalty of death.

The appellate court’s direct appeal described the indictment and trial facts. On July 1, 1991, Davie was indicted on ten counts:

• Counts 1 and 2 alleged aggravated murder of John Ira Coleman and Tracey Jefferys, respectively, in violation of R.C. 2903.01(A).
• Counts 3 and 4 alleged aggravated murder of John Ira Coleman and Tracey Jefferys, respectively, in violation of R.C. 2903.01(B).
• Count 5 alleged attempted aggravated murder of William J. Everett in violation of R.C. 2923.02 with a firearm possession specification pursuant to R.C. 2941.141.
• Counts 6, 7, and 8 alleged kidnapping of John Ira Coleman, Tracey Jefferys, and William J. Everett, respectively, in violation of R.C. 2905.01(A)(2) and (3).
• Counts 9 and 10 alleged aggravated robbery of Tracey Jefferys and William J. 2911.01(A) and (B).

The appellate court stated that each count was based on an incident that occurred on June 27, 1991 and described the jury trial that began on March 2, 1992. It described testimony including descriptions of a black revolver with a four to six inch barrel and either a .38 or .357 caliber, and stated that Everett described the gun.

The appellate court stated that the jury returned verdicts of guilty on all counts and specifications listed in the indictment. Counts 3 and 4 were removed from the jury prior to the commencement of the penalty phase in response to the state’s motion to dismiss.

In the federal habeas discussion, the appellate court described the testimony of Donna Smith and John Everett, and stated that “there is no need to summarize the remainder of the trial testimony.” It added that testimony established overwhelmingly that Davie committed a series of crimes on the morning of June 27, 1991, and described the outcomes for Jefferys and Coleman.

Davie’s direct appeal raised twenty-nine assignments of error, which the appellate court addressed. The appellate court affirmed his convictions and the penalty of death. The record included extensive analysis of appellate arguments about photographs, prosecutorial comments, expert testimony comments, suppression of identification testimony of Donna Smith, juror questionnaires, instructions on verdict recommendation, peremptory challenges, other-acts testimony, impeachment under Evid.R. 607, instructions about lesser-included offenses and “acquittal-first,” and other sentencing and procedural issues.

Sentencing

On March 25, 1992, the trial court sentenced Davie to death on Count 1 and sentenced Davie to death on Count 2. The appellate court’s direct-appeal recited additional sentences: an indeterminate period of incarceration of seven to twenty-five years on Count 5 with three years actual incarceration served prior to and consecutive with the principal sentence; and indeterminate periods of incarceration of ten to twenty-five years each on Counts 6, 7, 8, 9, 10, and 11. The trial court ordered all sentences to be served consecutively to each other and all terms of imprisonment to be actual incarceration.

Appeals

In Davie’s direct appeal, the appellate court affirmed his convictions and the imposition of the penalty of death after reviewing twenty-nine assignments of error, including errors related to photographic evidence and prosecutorial argument.

The record also stated that a federal appeals court upheld Davie’s death sentence in 2008 and rejected claims that police questioned him illegally.

A federal habeas appeal described that the district court denied petition for federal habeas corpus relief and that the court of appeals affirmed.

Outcome

Davie was executed by lethal injection in Ohio. Family members of his two victims sat quietly together as they watched the state of Ohio execute him.

Davie was strapped to a bed inside the “death house” at the Southern Ohio Correctional Facility. He turned his head toward the witnesses and apologized to the family members and the survivor of the attack in his final statement. His final statement included multiple thank-yous and apologies. The record provided his entire final statement verbatim:

“I'd like to thank my parents for their unconditional love and support throughout all this. My daughter, Paris, for helping me become a man and change. And my niece, Brittany, for holding my heart. "
“To Ms. Jefferys, I'm sorry. I don't know if it means anything, Ms. Jefferys, but from the bottom of my heart, I mean that. I'm sorry. "
“To the Colemans – Cathy, I don't see her here, but you all tell Cathy I'm sorry. I mean that. "
“John (Everett), I hope you can let it go, man and forgive me. You hear me, John? I'm done. That's it.”

After his statement, his body lay still on the bed as the lethal injection ran through his veins. A warden pronounced him dead at 10:31 a.m. He was declared dead at 10:31 a.m. after receiving a lethal dose of thiopental sodium. The record stated there were no complications. The execution occurred on August 10, 2010.

Other details

• Davie was 38 at the time of execution.
• The appellate and habeas discussions identified his date of birth as October 6, 1971.
• The convictions included Aggravated Murder-2 Counts (Death), Attempted Aggravated Murder (7-25 years), Aggravated Burglary (10-25 years), Aggravated Robbery (10-25 years), and Kidnapping-3 Counts (7-25 years).
• County of conviction was Trumbull County, with a case number of 91-CR-288.
• The presiding judge was John M. Stuard, and the prosecuting attorney was Dennis Watkins.
• The institution at sentencing was Ohio State Penetentiary.
• At sentencing, Davie’s death sentences were for Counts 1 and 2.
• Witnesses at the execution included John Everett, who survived the attack and came to witness the execution, and family members including Sandra Richmond and Kenny Richmond, and Randy and Benny Coleman, brothers of John Coleman.
• Sandra Richmond showed a picture of her daughter taken four months before the murder at Davie’s clemency hearing.
• During clemency proceedings, Gov. Ted Strickland rejected clemency and the Ohio Parole Board recommendation was followed.
• The appellate record described some trial evidence and disputes, including objections to photographic slides, prosecutorial comments, suppression of identification testimony of Donna Smith, and challenges to jury instructions.
• The habeas appellate opinion cited Davie as “Roderick Davie” and described that he also goes by an Islamic name.