Judge imposes 20-year sentence on child rapist on The Murfreesboro Post

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Judge imposes 20-year sentence on child rapist

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By: Lisa Marchesoni

Posted: Tuesday, December 9, 2008 3:40 pm

A 63-year-old man convicted of raping a 12-year-old girl and fondling her on numerous occasions in 2006 was sentenced to 20 years in prison after a hearing Monday in Circuit Court.

David Neal Davis of Bain Drive in Smyrna was convicted Oct. 1 on one count of child rape, one count of attempted rape, two counts of child abuse, one count of attempted solicitation of a minor and seven counts of aggravated sexual battery.

The girl accused Davis of raping her and fondling her several times while she was in his care in 2006 at her Murfreesboro home.

Davis maintained his innocence during the sentencing hearing.

Circuit Court Judge Don Ash heard testimony from several of Davis’ family members and the victim’s mother before imposing the 20-year sentence at 100 percent. Davis faced a sentence between 15 and 25 years in prison.

Under questioning by his attorney Steve Pate, Davis denied having sexual contact with the girl. Davis asked Ash for the minimum 15-year sentence.

“I trust in God and feel he is holding my hand through this proceeding,” Davis told Ash.

He worked as an insurance sales person for the IFS Group on Heritage Park Drive until his conviction when he began his prison sentence. He is the father of four children.

His sister, Patricia Foster, a U.S. attorney in Knoxville, testified she never saw him take a sexual interest in young children.

“He’s never acted in any way that would be untoward at all,” Foster said.

Even though a jury convicted him, Foster said she didn’t believe jurors heard all the details.

Under questioning by Assistant District Attorney Laural Hemenway, Foster said she didn’t believe her brother was guilty of those crimes.

“I would have no hesitation about him being around minor children,” Foster said.

His son, David Neal Davis Jr., 34, of Brentwood, said it was uncharacteristic of his father who was never arrested before.

Fellow insurance salesman Barry Douglas Dillard said he respected the jury’s decision. Like Foster, he said he would not have a problem with Davis being around his minor daughters.

Pastor David Assante testified he believed Davis was innocent. He would allow the children at his church to be around Davis but would require an adult with him.

The victim’s mother testified her daughter has been in counseling since reporting the crimes in November 2006. She paid the counseling fees of $65 every two weeks.

In closing arguments, Hemenway said the girl suffered damage as shown by her need for counseling. She also addressed the character witnesses for Davis.

“None of them seem to care about this child,” Hemenway said, noting most of them would allow Davis to be around young girls.

Davis showed no remorse and sought no treatment for sex offenses, she said.

Pate argued there was no evidence the girl suffered emotionally. Also, he argued for the minimum sentence. Because of his age and poor health, Pate said, “any sentence he receives will kill him.”

Hemenway asked for the maximum 25-year sentence with no contact with children, even from jail.

In his ruling, Ash said the sentence should be extended past the minimum because of the girl’s young age and his actions for sexual gratification or pleasure. However, Davis didn’t have a prior criminal record.

Ash settled on the 20-year sentence. Davis will get credit for time served but under state law, must serve 100 percent of the sentence before being released.

Tagged under CHILD RAPE

Member Opinions:

By: Boo on 12/15/08
Way to go, Judge Ash!!!!

By: Sandra0216 on 5/26/09
Absolute INJUSTICE for an innocent man.

By: myopinion on 4/21/11
I hope this man is still in jail and serves his full sentence. I knew him and from the first moment I met him he creeped me out. I have no doubt he did this.