PORTLAND (AP) – A Portland man who pleaded guilty to manslaughter in the Thanksgiving Day shooting death of his younger brother has been handed a nine-year prison sentence.
Family, friends and former co-workers pleaded for leniency for Edmond “Bill” Davis, 53, describing him as a good man who did a bad thing.
But Superior Court Justice Paul Fritsche said Davis’ devotion to his family and his solid work history could not outweigh his actions in firing a gun from close range at his brother, Michael Davis.
“I can’t simply say that there are so many other good things in your life that I’m going to give you a minimum mandatory sentence,” Fritzsche said Wednesday. The killing, he said, was “unnecessary and could have been easily avoided and I must recognize the gravity of that.”
The shooting took place at the home that Davis shared with his 74-year-old mother, Laura Davis, who would have been called as a prosecution witness had the case gone to trial.
Defense counsel Randall Bates, who asked for a four-year sentence, maintained that Davis believed he was protecting himself and his mother when he shot his brother once in the stomach during a fight. Assistant Attorney General Lisa Marchese sought a 15-year prison term, saying the defendant was the aggressor.
The victim, who was 51, had a long criminal record, including jail time for burglary. Family members say he was an alcoholic who rarely worked. He had been living in New Orleans, but returned to Maine shortly before his death after his brother sent him money to travel home after Hurricane Katrina.
“Apparently he was a troubled man,” Marchese said of Michael Davis. “But his mother loved him, just as she loves her other son.”
Witnesses said Bill Davis also had a drinking problem but seemed to have it under control. Bates said his client had remained sober for 10 years before relapsing about five days before the shooting.
Davis was originally charged with murder but pleaded guilty to the lesser charge.
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Information from: Portland Press Herald, http://www.pressherald.com
AP-ES-07-27-06 0216EDT
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