CHARLES DAVIS

Mr. Davis was sentenced to an indetermined term of not less then one year no more then fifteen years in the Utah State Prison, for nearly killing his brother.

Charles Davis was charged with Aggravated Assault, for nearly killing his brother, Mark Davis, in the middle of Center Street in Provo with a stick and fist on December 1, 2010. After the police and paramedics arrived, Mark was transported to UVRMC, where Dr. Gaufin miraculously performed 4 brain surgeries to save Mark's life that night over a 9 hour period. Because a portion of his brain was removed, Mark had no recollection of what happened after going to work that day. The next thing he remembered was waking up in the hospital a week later. He still has some speech difficulties but is a walking miracle.

At trial, the defense team argued "self defense." The original story told to police was that Charles and Mike (another brother) first met Mark out in the middle of the street by Mark's truck when a fight ensued and Mark was knocked out by one punch from the defendant. Because they realized it was difficult to argue "self defense" when it was 2-against-1 and when they were 120 feet away from your house, the four defense witnesses testified differently at trial. Charles, Mike, and their 2 wives all make up a new story, saying the fight started within 3 feet of their doorstep when Mark came on their property wielding a stick of his own. They testified that they "pushed Mark back 120 feet across the street" before they just had enough and hit him in the head with a stick, knocking him out instantly, then twice more while he lay motionless on the ground, fracturing his skull on both sides. When witnesses drove by saying they were calling the police, the defendant and Mike drug Mark through the yard into the defendant's house, where police found him.

After 3 days of testimony, the jury deliberated 5.5 hours before deadlocking. After giving them another jury instruction, they went back and said they would keep talking. At 11:30pm, they arrived at a GUILTY verdict, 7 hours after they started deliberations. Mark and his wife Scarlet were extremely pleased, since they have been through a living hell since this attack happened. They lost their home and have had to declare bankruptcy, among other things. Sentencing is set for April 16 at 9:00am.

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