photo by: Chris Conde/Journal-World

Robert Earl Davis addresses his defense attorney, Branden Smith, at a hearing on Oct. 16, 2023, in Douglas County District Court.

A Douglas County prosecutor withdrew a plea offer on Monday in Douglas County District Court for a defendant accused of killing a man and stabbing the man’s dog at a Lawrence grocery store in 2021.

The defendant, Robert Earl Davis, 56, of Lawrence, faces one count of first-degree murder and one felony count of cruelty to animals, according to charging documents. Davis’ address at the time of his arrest was listed in the jail booking log as the Lawrence Community Shelter at 3655 E. 25th St.

The charges relate to an incident on Aug. 18, 2021, when Davis is alleged to have stabbed 66-year-old Daniel Evan Brooks, of Lawrence, in the parking lot of the Dillons grocery store at 1015 W. 23rd St. Brooks was pronounced dead at the scene.

Davis is also alleged to have stabbed Brooks’ dog, Bear. About a month later, Bear was adopted, after he recovered, by Brooks’ brother, as the Journal-World reported.

photo by: Lawrence Humane Society

Although his adoption was not part of Clear the Shelter Day at the Lawrence Humane Society, Bear, a dog who was stabbed last month when his owner was attacked and killed, got to go home to his new family Saturday.

Davis has been in custody for over two years. He waived his right to a preliminary hearing in May after spending 90 days at Larned State Hospital to have his mental competency restored so he could effectively work with his defense attorney, Branden Smith, to prepare for trial. He was deemed incompetent in October of 2021 and finally got a bed at the state hospital in November of 2022, as the Journal-World reported.

Davis was set to enter a plea on Monday, but when the hearing began, Smith said that Davis was not prepared to enter a plea.

“I do not believe, if we go forward today, his (Davis’) plea will be freely and clearly given,” Smith said.

Smith said that Davis wanted more time to consider the plea agreement, and Smith asked for a continuance.

The state, represented by Deputy District Attorney Joshua Seiden, said that he objected to the continuance and that the plea hearing had already been continued once.

He said that considering how long the process has taken, the state is withdrawing the plea offer extended to Davis. Seiden did not say what the details of the agreement were.

Judge Sally Pokorny said that Davis has spent a long time in custody working to restore his mental competency to make these types of big decisions and he should be given adequate time to consider all of the circumstances and possible outcomes but that she would set a trial date as the state requested.

Pokorny scheduled the trial for four days on Jan. 8, 2024. Davis remains in custody at the Douglas County Jail and is being held on a $750,000 cash or surety bond.