Sixteen-year-old sentenced to 20 years for shooting Walmart employee

Monday, October 25, 2010 | 5:52 p.m. CDT; updated 9:51 p.m. CDT, Monday, October 25, 2010

COLUMBIA – Damien Davis, 16, will serve up to 20 years in prison for his role in the December shooting and robbery of Walmart employee Ken Jacobs.

Davis was sentenced by Circuit Judge Gene Hamilton in September to 20 years in prison for first-degree assault, 20 for armed criminal action and 10 for attempted first-degree robbery. Hamilton has since retired.


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At the formal sentencing hearing on Monday, Circuit Judge Gary Oxenhandler ruled that Davis would serve his sentences concurrently, which effectively reduces them to 20 years. The prosecution supported the decision.

At the deposition, defense attorney Michael Byrne filed a motion to have Davis evaluated by the Division of Youth Services. That might have led to the suspension of the adult sentence and the imposition of a juvenile sentence under a process called dual jurisdiction.

Oxenhandler, however, denied the motion, saying Davis is "not the kind of kid" that qualified for evaluation.

Davis later told the judge he was unhappy with the way Byrne had represented him. He has a process of appeal ahead of him.

Before and after the sentencing, Davis appeared to be in good spirits and was smiling and talking to his family. The Davis family declined to be interviewed.

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