Facebook
Fark
Digg
Reddit
Stumble
Monday, Oct. 12, 2009 | 3:20 p.m.
Christopher Privett
Related stories
- Teen might back out of murder plea in student’s death (8-26-2009)
- Man sentenced in shooting death of Palo Verde freshman (8-5-2009)
- Second teen pleads guilty in Palo Verde student slaying (7-1-2009)
- Teen pleads guilty in shooting death of Palo Verde freshman (6-24-2009)
- Teens charged in shooting death of Palo Verde student get separate trials (1-8-2009)
- Palo Verde retires jersey of slain athlete (9-19-2008)
- Shooting rattles affluent suburb (2-26-2008)
- Judge holds teens to stand trial as gang members in killing near Palo Verde High (4-28-2008)
The guilty plea agreement of a 17-year-old boy facing life in prison will stand, a Clark County District Court judge said today.
Judge Stefany Miley said there was no legal basis to allow Gerald Davison to recant his guilty plea to first-degree murder and scheduled his sentencing hearing for Oct. 26.
Attorney Osvaldo Fumo filed a motion on July 15 to withdraw the plea and remove himself as Davison’s lawyer. In trying to withdraw his plea, Davison said that Fumo did not act in his best interests, according to the motion.
The motion stated that continuing to represent Davison “would be either a conflict of interest, prejudice to Mr. Davison or a breach of counsel’s ethical and professional responsibilities.”
The request was filed two weeks after Davison pleaded guilty in court to the murder of 15-year-old Christopher Privett and to one count of attempted murder. The plea agreement dropped four other charges.
Davison would be sentenced to life in prison and eligible for parole in 28 years under the terms of the plea agreement. He is about three weeks shy of his 18th birthday.
Neither Fumo nor Deputy District Attorney Giancarlo Pesci made arguments in court today, instead deferring to their written arguments.
Pesci wrote, “the fact that the defendant, or his extended family, has buyer’s remorse does not constitute a legal basis for allowing him to withdraw his plea.”
Miley agreed and denied the motion to withdraw the plea and remove Fumo as Davison’s attorney. She said the court record showed he “freely and voluntarily” entered into the guilty plea agreement.
“The court finds that the defendant knowingly waived his right to a jury trial. The defendant was represented by an experienced counsel in the criminal defense arena,” she said.
Authorities said Davison was the triggerman in a drive-by shooting on Feb. 15, 2008, near Palo Verde High School.
According to police reports, a gray Pontiac driven by Ezekiel Williams passed by Privett and three of his friends on Alta Drive. Witnesses said harsh words and gang signs were exchanged between members of the two groups.
The car made a U-turn and drove by the four boys again near Pavilion Center Drive. Williams said he handed the gun to Davison, who fired it several times out the back window.
Privett was shot once in the chest and died at Summerlin Hospital.
Williams pleaded guilty to voluntary manslaughter with a deadly weapon and accessory to murder. In August, Miley sentenced him 20 years in prison. He is eligible for parole in eight years.
It was error not to permit Fumo to withdraw. I can see the legal basis for not allowing this punk to withdraw his guilty plea, but Fumo should have been let off the case.
Who is going to do the appeal of the denial of his motion to withdraw? It cannot be Fumo. It will have to be some friend of Drew Christiansen. That boils it down to Pete Christiansen, Chris Oram, or Susan Burke, if she is still among the living.
Big tough man. Wait till he gets into prison and Bubba teaches him what a real man is.
You know, Davison may well have been the trigger man. I'm not arguing that, one way or another. But there was a big write up in the L.A. Times, documenting how local attorney's here line up for the capital punishment assignments because they PAY. And after they futz around a while running up billable hours the public must pay for, they pressure their "clients" to plea bargain, so they don't actually have to try the case and have it go on their record. The ariticle spoke of how these "advocates" lie to their clients, refuse to meet with them thus leaving them completely isolated from anyone in the outside world, and put the screws to them to plead guilty. And we all know this can and does happen. It's not as if the wheels of justice have never framed the wrong guy, before.
If you're going to put someone in prison and throw away the key, just do it the right way. I'm thinking Fumo, the DA's office, Miley, and Metro had this all worked out beforehand. The judge's pat pronouncement that the defendant "freely and voluntarily entered into the guilty plea agreement...knowingly waived his right to a jury trial. The defendant was represented by an experienced counsel..." is a crock of you-know-what.
Since they got him anyway, let's just hope this is the right perp. But as a matter of principle, they should have had the trial. God, I hope I'm never fingered in this town for doing a crime I had nothing to do with.
Just another example of how Democrats have desecrated America. The person plead guilty, he is guilty. No appeals and stop wasting our money trying to get this person off or a lesser sentence for him.
Face it, some people are evil and deserve the consequences. Hope he enjoys the prison system; he'll be lots of fun for the old timers. The punk isn't so tough after all; he deserves everything that happens to him being the new person in the cell block.
Kudos to the Judge, make the punk stay where he belongs, in prison or better yet put him in the gas chamber. One less welfare recipient to support and millions saved not supporting his off spring and future crimes not being committed.
Now if this were a white person that did this to an African American and the white man wanted to change his plea the media and the African American community would be up in arms. Not to mention the white person would've been charged under the hate crimes provisions as well.
Its2Hot: as usual, your kneejerk, one-spiel-fits-all which you keep repeating, ad nauseum, regardless the context, does not impress. I don't know what this particular kid did, or didn't do. And I'm not going to go out on a limb when I don't know the score. But neither do you. The record speaks for itself, regarding the corrupt judicial system in this town. He should have had a trial. Then we could feel content locking him up.
"The person plead guilty, he is guilty." Shows what YOU know about the real world.
DJT:
Your mindset is part of the problem with America today. The person plead guilty, end of story, no trial needed. He earned it, now he needs to accept it.
No trial is needed and no need to waste time with the judicial system hearing arguments when the person stepped up and took responsibility. Changing one's mind to get a better deal or because the lawyers want to suck more from the system and waste ever more taxpayer dollars is just that, a waste of my money.
I hope Bubba and friends give him lots of love, he earned it. Just maybe when he gets out and after enduring years in the system other may learn from him and choose the high road. If not, they're next to visit Bubba.
it was a racial hit - Whitey Rodgers was afraid to play the race card
"DTJ,
Your mindset is part of the problem with America today."
At least I *have* a mind, Its2Hot. If you do have one yourself, try and wrap it around the fact that publicly appointed defenders in this town, part of the "good ol' boys'" club, have indeed intimidated defendants into plea bargaining, thus selling them down the river.
Not saying this guy Davison fits that bill. I'm thinking the cops got their man. But at the very same time, this case stinks of a pre-ordained deal shoved down the defendant's throat, denying him of his just right to a trial by jury. This ought to scare you. God forbid you ever get mistakenly charged with doing something in this town.
DJT:
LOL, anyone who breaks the law should plead guilty to the crime and stop clogging up our court system and feeding the money grubbers.
If I broke a law and I was being prosecuted, I'd accept my part and the earned consequences, end of story. To delay or fight off the earned consequence isn't something that I could live with. I did the crime; I'd be willing to accept the earned consequence. If I didn't do the crime then I would demand a trial and fight to the end.
For example: I have not received a speeding ticket in 40 years, I've been pulled over many times, and I've never lied to the officer. I've traveled in excess of 30 MPH over the posted limit on the Interstate and pulled over many times, they've asked how fast I was going; I was truthful with the officer. It is being honest why I have never received a ticket. If I am ever ticketed, I pay the price for my choice, from insurance to points or whatever the consequence is for "MY CHOICE".
I believe what is occurring is the criminal is realizing he can work the system and make some excuse why he shot somebody and hope he can reduce his sentence down. I personally feel he should go from the court house to execution chamber, no appeals. He took a life of somebody else and destroyed many families of today and future families the victim would've created. For that he deserves the instant death chamber, no questions, no appeals, no mercy. Since this will never occur, Bubba and friends enjoy the newbie and show him no mercy.
Since I realize the above will never occur; the laws need to changed and allow live webcams or some type of video system be setup in the prison and allow public access to view so others who contemplating breaking the law could view and see what it is like to be housed in the system. After a few visits and they see how Bubba treats new inmates maybe they'll realize that life in their world it isn't all it's cracked up to be and they will choose the high road.
Its2Hot,
We're not talking about speeding tickets, here. What if, say, one of the other punks in the car was the actual trigger-man (not saying this is what really happened -just a hypothetical to make a point.) Now that these hoodlums are busted, it's every man for himself. So maybe two of the punks in the car made a deal between themselves to finger our boy, the odd man out. They turn evidence against him, and get a sweeter deal. Meanwhile, his own attorney doesn't give a damn about getting to the bottom of anything, and just coerces him into accepting the plea deal. So now we have a 17 year-old dumbsh#t kid who went along for a joy ride, that ends up eating a murder rap, when he didn't do it. AGAIN, not AT ALL claiming that this is what really happened -the right man/kid probably did got his just desserts, this time. BUT HOW DO WE KNOW? Stupid, ignorant suspects are tricked and coerced into pleaing "guilty" all the time! You know it, and I know. Heck, that teacher in Boulder City who just lost his teaching license last week, was coerced into accepting a plea bargain that he sexually abused minors, even when he maintained all along that he did not, and several students and members of the community back him up. But the prosecutors told him he had a choice: accept our "plea bargain" and get parole, or go away to prison for the next 17 years.
This crap happens all the time, Its2Hot. You don't stand a chance when suddenly the powers that be decide in advance that you're guilty. We have a trial and jury system for a reason. Got to let it play out, even if it means letting "scumbags" we think we don't like, have a day in court. Because someday it might not be a scumbag; it might be me, or you.
its2hot, So the Democrats invented plea bargains? Are you stupid? If you knew anything you would have known the district attorney is a Republican. Go listen to Fox News and Rush and see if you can become more stupid.
DTJ Did you forget he voluntarily plead guilty to avoid a trail where he could have gotten more time? Preordained what? Get real.
This punk probably thought since he was under 18 and the system would be easy on him. Put this dog down.
Homer,
"DTJ, Did you forget he voluntarily plead guilty..."
Did you voluntarily skip over my previous comments about that so-called "voluntary plea?" I addressed your point. Justice stinks in this town. I'm not buying what Judge Miley and the defense attorney are selling. (Though I've said before, and I'll say again: I'm not claiming this particular kid is innocent. I'm thinking he's guilty as charged. But at the same time, I'm thinking he was intimidated and railroaded into going along with the plea-bargain.)
And you don't have to use the flame-thrower on Its2Hot. He keeps trotting out the same old-same old on Democrats, and liberals (whom I usually don't find myself defending). But I've found he doesn't attack anyone here, personally. So I don't think the personal attacks on him are called for.
Man, Thumper got his post deleted... AGAIN. So now I'm all out here by myself making the case. Thumper, in spite of yourself, TRY to stick to the arguments instead of using your scorched earth rhetoric. I happen to agree with your libertarianism more than you think (though that hairball in Henderson still got what he deserved. But you, I, and Daffy Duck already had at that one.)
Anyway, a little bit better manners, and we could make a formidable one-two tag team against the jackboot brigade.
This little punk is sooo in trouble when he gets to the big house. His name wont be Christopher it will be Christine now.