Man who wants to be sentenced to death to stand trial

Thursday, May 26, 2005 | 9:40 a.m.

A 41-year-old man who allegedly confessed to killing a transient in 1998 because he wanted to be sentenced to death will stand trial even though in a recent letter to the district attorney's office he said, "I could plead guilty and save you guys the effort of proving all those charges in court."

Robert Davis is charged with murder with a deadly weapon for the 1998 shooting of transient Billy Ray Owens. Owens was shot as he slept near the railroad tracks in North Las Vegas.

In his letter to Clark County District Attorney David Roger, Davis wrote that he wants to plead guilty because "I'm just trying to get back to prison, to my cell because it's quiet and it's peaceful down there, and I don't have to deal with my headaches."

"I read under the Sixth Amendment of the Constitution I can waive counsel and there wouldn't even be any appeals to the sentencing plea conviction," Davis wrote.

Davis also wrote that he went to the law library at the Clark County Detention Center and explored his legal rights under Nevada Revised Statutes.

Davis cites NRS 175.552, which states "If the finding is made upon a plea of guilty or a trial without a jury and the death penalty is sought, the separate penalty hearing must be conducted before a jury impaneled for that purpose, as soon as practicable."

Authorities have said Davis previously said he wanted to get the death penalty and believed it would take five brutal murders, but he ran out of money and bullets before he could complete his quest.

He also allegedly wrote District Judge Joseph Bonaventure a letter saying he wanted to plead guilty to murder and be sentenced to death.

What effect Davis' letters have on his case are unclear, according to Deputy District Attorney David Stanton.

"I'm not really sure what it (the letter) means in the scheme of the issues before the court," Stanton said.

Although the letter was addressed to Roger, the district attorney said he had not read it as of Wednesday afternoon.

Stanton said Bonaventure would ultimately decide if the letters would indicate whether or not Davis wishes to withdraw his not-guilty plea and head to trial.

Assistant Special Public Defender Randy Pike said one thing is for sure, "I've never had a client who wrote more to the district attorney than to me."

Pike said the letters were just another manifestation of Davis' mental health problems.

"He's somebody that is schizophrenic, hears voices and basically surrendered himself over to begin with and has obvious remorse, which manifests itself in many ways," Pike said.

The special public defender said the biggest question will be "is he (Davis) competent to enter a plea when the time presents itself?"

Pike said the letter truly shows this is a man who is "most concerned about getting treatment."

Pike said Davis is scheduled for an evaluation by a neurologist, and based on those findings it will be determined if a competency hearing needs to be held before Bonaventure.

The judge would then determine if Davis can stand trial or should be sent to Lake's Crossing, the state's mental facility in Sparks

Davis' case had been on hold since March 23 when Pike filed a motion to the Nevada Supreme Court challenging the district attorney's office's death penalty review committee decision to seek the death penalty against Davis without reviewing his mental health records.

The state's high court denied the motion, allowing Bonaventure to set an Aug. 15 trial date for Davis.

The judge also set a hearing date for Pike's motion to suppress all of Davis' statements to the police and his mental health counselor.

Davis was serving eight to 10 years in a New York state prison when he allegedly confessed to a prison mental health counselor that he had shot a homeless person in Las Vegas.

Police said Davis recounted his crimes in a detailed confession, stating that he also shot a homeless man in New York and was planning to target another in Washington, D.C.

Pike said he would be traveling to New York to conduct interviews with those to whom Davis made statements and notify both Bonaventure and Stanton so a hearing on whether or not Davis' statements should be suppressed could be scheduled.

Pike said Davis has 'been suffering from mental illness, schizophrenia, his entire life.' He said he expects competency hearings will be held and that Bonaventure will hear testimony from doctors.