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Archive for Thursday, September 3, 2009

Woman testifies she was attacked by family members

Ex-husband encouraged attack on woman, she says

September 3, 2009, 6:17 p.m. Updated September 3, 2009, 11:21 p.m.

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Lawrence woman testifies against son, ex-husband

A Lawrence mother took the stand Thursday to testify that her 15-year-old son and ex-husband attacked her in her sleep. Enlarge video

A Lawrence mother took the stand Thursday in Douglas County District Court, describing a harrowing fight for her life after waking up to her 15-year-old son brutally attacking her with a baseball bat.

“It was horror,” the woman testified about the events on the night of June 15 and the early morning hours of June 16. “I had feared that I would be attacked in this manner. I knew that if his dad was with him I couldn’t fight them both.”

The victim was the first witness to take the stand during a preliminary hearing Thursday afternoon for her ex-husband, Arthur Davis III.

Davis is facing charges of attempted first-degree murder, aggravated kidnapping and contributing to a child’s misconduct in connection with the incident. The couple’s 15-year-old son is also charged with attempted first-degree murder and their 12-year-old daughter faces conspiracy charges for her alleged role in the attack.

The victim, who was home with her daughter, had locked the house in the 1100 block of Hilltop Drive and gone to bed. She said she awoke to her son repeatedly hitting her in the head with a baseball bat.

“I considered any blow to the head to be possibly fatal,” she said.

The woman said at one point she was able to get the bat away from her son, but he then grabbed a candle in a glass jar and struck her multiple times on the head with it.

The woman testified she yelled for her daughter to call 911, saying she didn’t want to die, but at the same time the boy was telling his sister not to call 911 because he didn’t want to go to jail.

The victim was eventually able to escape into the bathroom with the phone, where she called 911 for help. Prosecutors played a tape of the 911 call for the judge.

The woman testified that while she was on the phone with dispatchers, her ex-husband broke down the bathroom door, grabbed her and dragged her out into the hallway, where she said her son continued to hit her in the head with the bat.

“Hit her, harder, harder, harder,” Davis can be heard yelling on the 911 call, directing his son to beat his mom with the bat while holding her by the arms, according to testimony.

The woman was finally able to flee the house, but only after ducking out of the shirt her ex-husband had a hold of and running down the street wearing only her underwear, while she said her son, armed with the bat, continued to chase her.

A police officer arrived on the scene, and he called for an ambulance to transport the victim to the hospital. She was treated at Lawrence Memorial Hospital for multiple cuts to her head, including a 3-to-4 inch laceration to her scalp that had to be stapled shut.

The woman testified she and Davis were involved in a heated child custody dispute, stemming from their 1999 divorce. She said he and the kids became upset when in 2006 she filed a motion with the court seeking roughly $20,000 she claimed Davis owed her in back child support payments.

In the summer of 2007, the woman said Davis filed a motion seeking custody. She said he was “obsessed” with having the two kids live with him and that he wanted them to not attend school, but instead earn money by working a newspaper route.

Judge Jean Shepherd then ordered a custody evaluation in June 2008 and according to the victim, the report was being finalized when this incident happened.

The woman said the doctor who completed the evaluation was going to recommend the son stay with his father, while the daughter continue to live with her. Davis had seen this report on the Friday before the incident took place.

“I knew it was something the defendant was capable of,” the woman testified. “I knew I was in the way of what he wanted.”

At the conclusion of the hearing, Judge Robert Fairchild bound the defendant over for trial on all three charges, despite attempts by defense attorney Greg Robinson to pin the attack on the couple’s son.

“I’m almost speechless,” Robinson told the judge. “All this catfight that went down in the bedroom, that’s just smoke. It has nothing to do with Arthur Davis.”

Fairchild scheduled Davis’ arraignment for Sept. 18.

Comments

cletus26 4 years, 7 months ago

WHAT A SHAME. WHAT A SHAME. JUST A SHAME. UHM A SHAME. REALLY THIS IS A SHAME. SHAME-SHAME-SHAME. THAT ALL I KNOW TO SAY; JUST A SHAME.

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ilovelucy 4 years, 7 months ago

Gnome: reread the article. The ex was sleeping, escaped to the bathroom to call the police and Arthur broke down the door to continue the beating.

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redemption 4 years, 7 months ago

o0o00o 0o0oo0 0o0o0o I see what you did there. ^^

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Jim Williamson 4 years, 7 months ago

Thank goodness this happened in Topeka and not Lawre...wait. What?

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missmagoo 4 years, 7 months ago

This is disgusting. I don't know what else to say.

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Hawkeye74 4 years, 7 months ago

I agree with papkeno...it seems that Mr. Robinson's name comes up an awful lot with stupid defenses.

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trinity 4 years, 7 months ago

i am not sure, but i know someone will correct me if i'm in error (lots of folks just love doing that), but i think that a minor in a juvvie facility-which would be one of the youth correctional facilities, not juvenile detention-can be there until they're over 18? on an extended jurisdiction sentencing (IF they do that on this little miscreant-i am of the opinion they SHOULD)? that is to say, he does a certain amount of time in juvvie corrections-then moves on to an adult facility...the state jacks with the juvenile codes&matrix so much i am just not sure of consequences&sentencing rules.

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BigPrune 4 years, 7 months ago

If the 15 year old gets convicted and spends some time in juvenile detention, when he gets out, if he is still under 18, will he live with mommy when daddy is in prison? - if they are both convicted of course.

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papakeno 4 years, 7 months ago

Wow, remind me never to hire Greg Robinson!!! "Catfight", "smoke", "nothing to do with Arthur..." Obviously he was speechless, and I'm sure Fairchild was also after hearing this finishing statement. Oh well, you get what you pay for!!! Good news though, the kids get to read it first in the newspaper.

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Christine Anderson 4 years, 7 months ago

If the dr. involved in the custody evaluation was going to recommend the son live with the father-why??? The father didn't want the kids to go to school, and he was going to "win" custody of one of them???? That's crazy!! Crazy even before the attack.

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beobachter 4 years, 7 months ago

gnome, how often do you sleep in the bathroom? "she was sleeping, Daddy dearest broke down the bathroom door, directed son to beat her with the bat. "

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bearded_gnome 4 years, 7 months ago

Immoral is the right word.

she was sleeping, Daddy dearest broke down the bathroom door, directed son to beat her with the bat.

first, is that an outside door to the bathroom? or were they already in the house and she'd locked the bathroom door for her own peace and protection...for example a bathroom with two doors, she locks the one leading to her bedroom?
I am not questioning this poor woman. I'm just wondering about the situation as reported in the LJW.

I do hope the Mom has good support from friends and a counselor. I also hope she's recovered from the physical damage inflicted by the son with the bat.

and, most of all, if what's reported is true, I hope Daddy Dearest gets a huge sentence. I wish there were some stronger more specific charge for turning a son against his mother in such a violent way.

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Pywacket 4 years, 7 months ago

It's not "amoral," SpunKey, it's "immoral." Big difference.

This guy's parental rights ought to be severed and the kids deprogrammed--if that's possible. How do you get past a point in your life where you try to beat your own mother to death with a baseball bat? It's hard to imagine that they will ever be what is loosely defined as "well adjusted."

What a controlling, manipulative dirtbag of a father. Did he think he'd get off free by having a minor do the dirty work?

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SpunKey 4 years, 7 months ago

Glad to hear the Judge found evidence solid enough to hold him. Breaking down doors and attacking anyone is amoral - not someone we want on the streets.

What a horid ordeal to endure... not only to live through, but also to have to revisit at multiple hearings, depositions, etc.

Hope the victim and kids get the help they need! It only takes one bad seed to ruin the crop!

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beobachter 4 years, 7 months ago

once trailer trash, always trailer trash

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rbwaa 4 years, 7 months ago

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KEITHMILES05 4 years, 7 months ago

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donald_gilchrist 4 years, 7 months ago

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Practicality 4 years, 7 months ago

Sad, sad world we are living in.

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macon47 4 years, 7 months ago

90 days of community service and they will walk a way free their is no justice in lawrence if you cant do the time just hire a good attorney

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