Tuesday, April 13, 2004 | 9:32 a.m.
The family of a wheelchair-bound Las Vegas woman who was beaten to death said they wanted an "eye for an eye" when her killer was sentenced Monday morning, or at least life without the possibility of parole.
"She does not have the possibility for life, neither should he," Patricia Wendland, Auna Van Otten's aunt and legal guardian, told District Court Judge Nancy Saitta on Monday.
After conferring off-the-record with both attorneys, Saitta followed the department of Parole and Probation's recommendation to sentence James Davis, 36, to life with the possibility of parole after 20 years.
Davis pleaded guilty to first-degree murder for the Dec. 9, 2003, death of his 26-year-old roommate and admitted responsibility for Van Otten's death in a letter to the judge. However, Davis denied responsibility in court Monday and asked for an apology from Chief Deputy District Attorney Frank Coumou for comments the prosecutor made to newspapers.
"I did not commit this crime," Davis said. "The person who did this should be in jail, not me."
Deputy Public Defender Howard Brooks said Davis suffers from mental health problems and oscillates between denying and accepting guilt for the death depending on whether he feels threatened. Brooks also said Davis and the victim were both living in squalor off their meager disability checks and that the filthy living environment contributed to his client's actions.
Authorities say Davis became enraged after Van Otten vomited in one of his dog's bowls in the apartment the two shared at the Saratoga Palms complex on Mountain Vista Street.
Davis pulled Van Otten out of her wheelchair by her hair and fatally beat her, stomping on her back and causing internal bleeding, prosecutors said.
Wendland testified Monday that Van Otten suffered a brain injury from the accident that left her paralyzed at age 10 months and had mental and learning disabilities. Van Otten's maturity level was that of a 13 to 14-year-old, Wendland said, but she still insisted on living independently and was working to get a high school diploma.
"Auna was a loving, laughing, friendly young woman who loved people and loved life," Wendland said. "James Davis took this person from our lives, and our lives will never be the same without Auna."
Wendland said Van Otten did not know how to judge the character of people. She trusted and considered everyone her friend, and Davis abused her trust, she said.
"She never realized she was being used for her Social Security (checks)," Wendland said. "She believed he (Davis) was her friend."
All three family members, which included Wendland, the victim's mother and grandmother, were restricted from recommending a specific punishment to the judge in their statements before sentencing.
Outside the courtroom, there was no such restriction.
"I think he ought to have been beaten to death," Perl Williams, Van Otten's grandmother, said.
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