Tony Charles Davenport’s attorneys were able to convince a jury earlier this year that a March 2022 home invasion that led to one death and the wounding of two others was not a willful shooting.
Instead, the defense team of Crossville attorneys Jeff Vires and Joe Wyatt described it as a combination of anger gone wrong and ultimately self-defense.
Jacob Conrad Lewis, 24, was fatally shot, and Florence Easterly, 52, and Corey James Hillsman, 57, were seriously injured. All were of Grouse Ct. in Fairfield Glade.
At a sentencing hearing in late May, Assistant District Attorneys Philip Hatch and Allison Null presented six enhancement factors that supported consecutive sentencing, and Judge Gary McKenzie agreed.
He sentenced Davenport to 17 years in prison for the reckless homicide conviction and eight years for the second-degree attempted homicide to be served consecutively for a 25-year sentence to serve as a Range II offender at 35%.
A six-year sentence was attached for the attempted voluntary homicide conviction but that sentence is to be served concurrently with the two.
Davenport, 59, of King Arthur Ct. in Wilshire Heights on the edge of Fairfield Glade, still faces a possession of a weapon by a felon charge. That charge was severed from the ones Davenport went on trial for on a motion filed by Vires.
No date was announced as to when that charge will be returned to the Criminal Court docket.
During the sentencing hearing, Hatch called to the witness stand Tennessee Department of Corrections Pardon and Parole Officer Charles Stiriz, who prepared the pre-sentence report, and TBI Special Agent Shawn Scott, leading prosecution witness.
In Stiriz’s interview with Davenport, the defendant’s version of the shooting included the following: “Some people had been stealing and vandalizing his property as well as peeping on his wife. He went to confront the people and brought along a gun. He (Davenport) stated that initially he pointed the gun at one of the males present, but handed over the gun to show that he wanted to resolve things peacefully.
“The defendant stated that the next thing he remembers is seeing a white light and then waking up on the floor. He stated he then left.
“He came back a second time with another gun to confront the people and get his first gun back. He stated that a struggle over the gun he was holding ensued and he began firing the weapon to get them to let go and he ended up shooting several of them.”
At trial, Davenport testified he had no proof that occupants of the house were the ones stealing from him, peeping at his wife and selling drugs in the community.
In the sentence report filed by Stiriz, a criminal history dating back to May 2015 included felony charges of possession of a Schedule VI drug in Missouri and an aggravated assault conviction in Cumberland County. Other misdemeanor convictions were noted.
In the risk-and-needs assessment, a state-mandated Strong-R report mental health treatment and alcohol and drug assessment and followup was recommended.
In a victim impact statement, Florence Easterly wrote Davenport shot and killed her son, wounded Hillsman and shot her in the leg, stomach and chest. She said she was on life support for three days in The University of Tennessee Medical Center.
Easterly wrote in her statement and repeated before the court that Davenport took “whatever figure we had … may God have mercy on your soul.”
Danny C. Lewis also provided the court with an impact statement. He identified himself as Jacob’s adopted father. During his comments to the court, Lewis said he raised Jacob at his home, teaching him a work ethic and caring for his mom.
He noted that Davenport should not have possessed a gun and concluded that he hoped God would give the court good judgment in sentencing.
No defense witnesses were called, and Davenport rose to present a statement of elocution.
“I apologize to this family,” he said. “I had no intent of shooting anyone this day.”
Hatch asked the court to sentence Davenport to the maximum 36 years in prison at 35%, relying on enhancement factors of criminal history and behavior, multiple victims, severity of injuries and damage to property, use of a firearm, and Davenport’s lack of hesitation in committing the crime and a death being the result of his actions.
Wyatt countered that mitigating circumstances included Davenport’s actions being the result of provocation and the unusual circumstances of lacking a plan.
Wyatt argued proof did not support Davenport being a dangerous offender and that he proved more dangerous to himself through alcohol and drug abuse than the public at large.
He asked for a 12-year sentence.
“We don’t live in a society where one takes the law into his own hands,” McKenzie noted as he announced his sentencing decision. “Now it becomes an issue for the parole board.”
A decision on motion for a new trial is to be announced at a Sept. 3 hearing.