<font color="#009900">COURTS:</font> Davis convicted of vehicular homicide

By Carnell Hawthorne Jr., Reporter

"Mom, I'm going to help you get a cell phone in Lake City when I get off work. See you tonight, I love you."

Those were the last words Ruby Votano heard from her son Joshua Franklin Votano, 28, around 6:15 a.m. on June 30, 2008. A short while later, around 6:30, Votano was killed as he traveled to work on CR 137 in Suwannee County.

Thursday, Donald Robert Davis Jr., 30, of Branford was found guilty of vehicular homicide in the crash that killed Votano of Lake City. Davis was northbound on CR 137 when his 1997 Cadillac crossed the centerline and struck the southbound 1993 Ford Escort of Votano.

It took the six-person jury only an hour to return with a guilty verdict in the Live Oak case.

"The bottom line here is whether you believe the defendant operated his vehicle in a reckless, harmful manner," said prosecutor Craig Jacobsen in his closing argument to jurors Thursday.

He displayed a photo before their eyes of Votano's shattered face lying cold in the dirt just after the accident that took Votano's life on CR 137. Then, a second photo showed Votano's lifeless body, lying outstretched on a death table.

"He ended up like this in the Jacksonville morgue ... broken, battered, bruised up and dead," Jacobsen impressed to the jurors.

Defense attorney John Hendrick tried a different approach.

"This case is a tragedy. No one is happy," he said.

"You've heard a lot of math and equations in this trial, but there is only one simple equation that matters in the end: Reasonable doubt = not guilty," he said as he wrote the formula on a whiteboard.

He reiterated the crux of his defense of Davis.

"We all go off the side of the road sometimes, for many reasons, but does that necessarily mean we're driving reckless?" he asked. "Sometimes it's careless, and there's a big difference between careless and reckless driving."

"Careless," he said, "is unintentional," but reckless means "there's an intent to harm. Yes, Mr. Davis might have acted with a bit of carelessness, but does that give you enough reason to go and find him guilty."

During the trial a major area of dissension arose from the FHP officers' report, which stated that there were 181 feet of shadow marks on the highway at the crash scene. The marks were used to determine the actual braking point and trajectory of the impact zone.

Prosecution witnesses Sgt. Bruce Simmons, Cpl.. Jesse Stalnaker and Sgt. Kevin Pace all testified that the information in the report was correct to the best of their knowledge from the data they collected at the scene dealing in their area of expertise and with accident reconstruction.

Attorney Hendrick called to the stand witness Allen Stokes, a forensic consultant in accident reconstruction, who countered parts of the FHP officers' testimony.

"Generally shadow marks only go for about 10 feet," Stokes said. "They're cold tread marks left before tires heat up on the pavement and leaves skid marks ... 181 feet of shadow marks is impossible," he argued.

The matter was never clearly resolved, although that didn't hinder jurors from reaching their verdict.

"If the verdict is 'not guilty' there is no justice in this county," said Ruby Votano.

The Votano family was relieved at the jury's decision Thursday.

"I feel good about it," said Frank Votano, Joshua's father. "In some ways justice has been served and in others I don't believe it has."

The family said there were a number of important factors left out of the case.

"I do feel sorry for (Donald's) parents because I know what they're going through. They'll lose him for a few years, but I've lost my son for life."

The Davis family was noticeably shaken after the verdict was read.

Davis' mother, Debra Davis, wept on the arm of the person standing at her side. At the start of trial Thursday, she said she hoped her son, who was handling the situation "as well as could be expected" walked away not guilty. That was not the case, however.

Donald Davis will likely serve a minimum of 10 years in prison, a maximum of 15, which is the usual sentence carried in these type cases, Jacobsen said. Sentencing is set for 11 a.m. on Dec. 3.

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