Walmart Shooter Could Get 50 Years

7 years 9 months 2 weeks ago Friday, September 24 2010 Sep 24, 2010 Friday, September 24, 2010 7:45:49 PM CDT September 24, 2010 in News

COLUMBIA- Damien Davis could serve 50 years in prison after the jury returned its recommendation for sentencing today. Yesterday, the jury found Davis guilty for his role in shooting 54-year-old Ken Jacobs in a Wal-Mart parking lot in December.

The jurors spent about one hour deliberating before returning with their decision. They followed Prosecutor Richard Hicks' recommendation. On the first count for Assault in the First Degree, the jury recommended 20 years. For Armed Criminal Action, it suggested 20 years. The jury recommended ten years for Attempt to Commit Robbery.

It was an emotional day in the courtroom. The wife of the victim, Angela Jacobs, took the stand to testify about her husband's ordeal.

Jacobs spent ten days in the hospital. His wife of 21 years told the court, "They weren't sure if he was going to make it."

Mrs. Jacobs was overcome with emotion and broke down crying. She recounted what the doctors told her, "Most people with five gunshot wounds don't make it through 24 hours."

Ken Jacobs still works at Walmart, but isn't able to do the same job he did before the shooting.

"It impacted his entire arm, and then his wrist, there was a bullet that grazed his wrist. Between those two he does not have feeling in certain parts of his hand. He doesn't have the ability to grasp things the same way he use to. He doesn't have the full range of motion," she said.

She also spoke to the psychological damage her husband endures, "He's much more withdrawn, he does not want to talk about what happened. He has nightmares. He does not sleep well at all. He only sleeps one to two hours at a time."

Mrs. Jacobs also said her husband cannot park in the same spots he use to park in at work and he stays away from Walmart when he does not have to work. She added, "He does not want to live in Missouri anymore."

Ken Jacobs was not in court today. His wife explained he simply could not bear to come back, after testifying during the trial.

The defense called both of Davis' parents to testify. His father, Willie Davis talked about how his son succumb to peer pressure.

"He was the youngest of all the guys he hung out with, he always wanted to fit in," he said. Both parents said Davis was picked on by older kids for being smart.

His father added, "He's always been a follower."

Davis' mother said Damien had been a good kid with good grades until his parents split up.

After court was dismissed, his mother collapsed in the court house lobby sobbing uncontrollably. "That's my baby," she cried.

It appears for their part, the jury was also shaken up.

"The women were crying, you knew something wasn't right," said Willie Davis.

Davis says the punishment is too severe.

"It is a lot severe because they certified my son as an adult," he said.

He felt the trial was "orchestrated" saying, "They did everything the prosecution said and that's not right. They did not listen to anything the defense said."

In October, a judge will decide if Davis will serve his sentences concurrently or continuously. The judge also has the authority to reduce the sentence.

However, Willie Davis is not optimistic. "Not after what I saw today. They're just handling business."

Davis' accomplice, Darrius Davis pleaded guilty to Attempt to Commit Robbery and is currently serving 10 years.  Damien faces more time because he has been determined to be shooter.

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