By Drew Moody
drew@wvmountainsun.com
A Gilmer County Circuit Court jury deliberated slightly less than two
hours last Wednesday (Nov. 15) to reach a verdict declaring former
Glenville State College football player Erick Davis not guilty of raping
a local high school student more than a year ago. She was 17 years old
at the time, he was 26.
Erick Davis faced a grand jury indictment of second degree sexual
assault charges. He was facing a sentence of up to 25 years in prison
if convicted.
It took the court an entire day to empanel a jury for the case. Each
perspective juror was interviewed individually. Several were
disqualified. It appeared the court was taking extra care to insure
Davis' case was heard by an impartial jury.
Although Davis is not the first black man to be accused of committing a
crime in Gilmer County, he's the first to actually stand trial for such
a serious offense in perhaps decades.
Circuit Judge Jack Alsop told jurors the State had the burden to prove
their case beyond a reasonable doubt. Furthermore, Judge Alsop stated a
'not guilty' verdict doesn't prove the innocence of the defendant, it
merely reflects a failure to prove guilt.
Special Prosecutor Daniel B. Dotson, III, knew he had an uphill battle
long before the trial began.
His only material witness was the alleged
victim. No physical evidence existed in the case. Nothing but the
victim's testimony fully supported her version of events.
It's a situation not uncommon in many rape cases.
The Guardian UK newspaper reported in a May 2006 article that only six
percent of all rape cases in England end in a conviction. In the United
States the majority of rapes and sexual assaults go unreported. And of
those where charges are filed as many as 70 to 80 percent have no DNA or
other physical evidence supporting the allegations.
The young woman, "Polly," (not her real name) now a student at WVU, told
the court she believes she was drugged at a party held at a downtown
apartment following the October 1, 2005 Gilmer County High School
Homecoming dance. She also admitted to drinking beer and whiskey mixed
with Coke-a-cola.
High school students as young as 15 were apparently drinking beer, wine
coolers and Crown Royal whiskey with adults, including college
students. Several of the high school students in attendance are the
sons and daughters of prominent area residents.
Crown Royal is not typically thought of as a drink within the grasp of
often poor college students. That brand is among the most expensive
liquor available locally. It remains just another anomaly in a series of
questions unanswered during the trial.
World Gone Wrong
Terri Wimer lived in an apartment below Erick Davis and his brother in
downtown Glenville. She testified high school kids started drifting to
her apartment after midnight October 2, following the Gilmer County High
School homecoming dance.
It must have been a popular hang-out as many of the same people had also
been there the night before following the high school's homecoming game.
The apartment was a place where there must have been little concern
about the age of those who stopped by, or what they did.
Illegal drugs were never mentioned during the trial, but there are
enough known facts to now wonder if drugs were also available to the
youth. At least two people associated with the apartment have past or
current issues with illegal substances.
Although the jury didn't see it, just prior to testifying in Erick
Davis' case, Wimer appeared before the court asking Judge Alsop to allow
an accused drug dealer to wear a home confinement bracelet at her home
instead of being sent to the Central Regional Jail.
He is one of four
young black men from Ohio and Florida currently facing multiple felony
charges for allegedly operating a marijuana and cocaine ring in the area.
And at least one of those accused drug dealers were among the 20 or more
people at Wimer's apartment that fateful October night, according to a
statement Davis gave to Glenville Police Chief John Moss.
The day Wimer's friend showed up in court he failed a drug test which
revoked his bond and sent him to jail, but not before offering a
probation officer $200 to provide the urine sample for him, court
officials said.
And although the jury would remain unaware of it, Davis was no stranger
to a courtroom either. At the time of his arrest he was on probation as
a result of a narcotics conviction in Arizona.
The Testimony - Polly's Friends
Several young women, who told the court they were friends of the alleged
victim, were called to testify in the case. Everyone's version of events
were slightly different.
One of them said she'd known Polly for 8 to 10 years. She told the jury
Polly tended to be overly dramatic and enjoyed being the center of
attention.
Another friend offered this commentary to the court: "My idea of rape is
forced upon. I don't think this was forced upon." However, when the
alleged crime occurred that young woman was safely home in bed.
She also told investigating officer Glenville Police Chief John Moss she
didn't believe Polly's story because "she can be dramatic."
Some of the witnesses responses sounded rehearsed, particularly evoking
the word "dramatic" repeatedly.
Apparently one of the youngest at the party was a teen just
15-years-old. She appeared to have a much clearer recollection of events
than the others. She refuted previous testimony suggesting Davis walked
Polly to the car. The young woman was also the one Polly called for help
that night.
Polly placed a call to the 15-year-old's cell phone for a ride between
5-5:30 a.m.
The young woman testified Polly was clearly intoxicated, but
walked to the vehicle by herself. She also told the court Polly was very
upset and crying on the phone.
When pressed to explain further she told the jury, "she was
just ... hysterical!" Upon entering the vehicle she recalled Polly
commented, "Why do I do this? I always get drunk and bad things happen."
However Polly didn't tell anyone about the alleged rape until later -
about two days later.
Apparently earlier in the evening Polly passed out on the living room
floor. No testimony was offered to indicate Davis and the young woman
were anything but acquaintances.
Polly did testify she thought Davis was
"a nice young man," but said she didn't know him well.
Witnesses said someone at the party may have suggested to Davis that he
either take Polly outside for some air, or take her upstairs to sleep.
One witness told the court she saw Davis helping Polly upstairs to his
apartment at about 2:15 a.m. That was apparently the last time anyone at
the party saw her until about 5 a.m.
Apparently none of Polly's friends checked on her, and some even left
the party.
Neither did they offer to help her walk the two blocks to
where she had planned to spend the night with a local family. The friend
who lived there arrived hours before Polly did, despite that earlier in
the evening they were together at the party.
If any help was offered, it wasn't brought out during the trial.
Plenty of Guilt to Go Around
There was clearly no shortage of bad judgement pertaining to events
which occurred on the night in question.
How did all these young teens fly under the radar of their parents
watchful eyes?
Why did Polly's friends seemingly abandon her?
How long had the high school students been partying with the adults?
Polly was pragmatic about the potential outcome of the trial as she sat
late Wednesday afternoon with her family awaiting a verdict. "I did this
because it was the right thing to do," she said calmly, perhaps for the
first time realizing her personal decision in the matter may well be
more important than the verdict which was yet to come, at that juncture.
Earlier she asked the jury if they thought it was easy for her to sit on
the witness stand and testify about the events in question. Clearly
it wasn't. It was painful for her, and equally painful to hear.
Her family, had mixed feelings, but were thankful Polly sought
counseling and has since received help from qualified professionals.
Regarding some issues in the case, there is obviously some residual
anger. Family members said some of Polly's friends attempted to pressure
her to drop the charges prior to the trial.
There appeared to be an
attempt to "circle the wagons" and contain any fallout from a potential
scandal.
Polly's mother asked, "Could someone really care more about a football
player than my daughter?" For her it wasn't simply a matter of race that
prompted a black and white view on some of circumstances surrounding the
case.
She said Wednesday afternoon attempts were made early on to put a lid on
her daughter's accusations.
Polly's mother may not be alone in her perception.
Glenville Police Chief John Moss, who investigated the case, may be
inclined to agree. Moss, along with fellow officer Lt. Sam Cutlip, have
solved several significant cases in the area. Both are respected for
their investigative skills.
Moss characterized Polly as a bright, intelligent and credible witness
in the case.
He also gave the most unexpected testimony during the trial.
Glenville Police Investigate Charges
It wasn't until roughly two days after the incident that Polly broke
down and shared her story with a teacher at Gilmer County High School.
That set in motion efforts to get Polly counseling as well as examined
by a doctor. The same day she visited a doctor in Clarksburg. The
physician's examination found 'no obvious trauma,' according to evidence
presented to the court.
Early on October 5, 2005 Moss took a statement from Polly and later
obtained a search warrant in magistrate court, allowing him to enter
Erick Davis' apartment. Later that day Moss and two deputies executed
the search warrant at that apartment and seized several items.
Afterwards Moss asked Davis if he would like to return to the Glenville
Police Station with him and answer a few questions. Davis agreed and the
two walked to the police station together. Davis was not taken into
custody, nor was he threatened with arrest.
Moss read him his Miranda Rights at 3:12 p.m. Davis was told he didn't
have to answer any questions and he could stop the interview at any
time. Davis waived his right to an attorney prior to the interview.
Davis and Moss signed and initialed forms indicating the same.
Moss told the court Erick Davis was lucid and didn't appear to be under
the influence of any drug or alcohol.
At 3:18 p.m. Moss began asking Davis questions.
Davis told the Glenville policeman he had very casually known Polly for
perhaps a year, but never dated her. Davis maintained he was not at the
party the night Polly claimed to be raped. He also claimed to have no
knowledge of whether or not there were a large number of high school
students at Wimer's apartment.
According to Davis, at 3:30 a.m. early October 2, a friend asked him to
get Polly and put her on his couch. He told Moss he complied with the
request and then left the apartment.
Davis claimed he returned an hour later and said Polly was still on the
couch. He told Moss at no time did he have sex with her.
Davis claimed the night before he had told Polly he wouldn't be her
boyfriend or date her. Davis also said she told him she was 19 years old.
Moss inquired if he had an attorney and Davis replied no.
Read the rest of the story at
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