Reply #69

According to the trial transcript, one of Davis’s accomplices testified that he fired his weapon on two occasions - at the dog who chased him and 11 days later outside a Wendy’s restaurant they had just robbed. He said Davis traded gunshots with a customer at the restaurant as he and three others sped away in their getaway car.

The accounts of Davis’s firing his gun were otherwise uncorroborated.

The armed customer outside Wendy’s, Dade County Public Schools maintenance worker Antonio Lamont Brooks, was unable to offer positive identification of the man with whom he exchanged gunfire. But he was uninjured and managed to squeeze off enough rounds from his 9mm handgun to leave one of Davis’s accomplices with a bullet wound in his left buttock.

http://www.barrysbaythisweek.com/2012/07/04/florida-first-time-offender-gets-161-years-in-prison


There was only one case in which gun use is corroborated by anyone, & no ID was made.

The only people saying this guy had a/the gun were the six other gang members who plea-bargained down to between 9 and 22 years.

He got 7 counts of "possessing a firearm" -- one for each robbery, even though the only evidence that he possessed the gun was the testimony of the other guys and the gun was only used at one robbery. No one not in the gang ID'd him as gunman.

Davis received seven years for the first of the firearm counts against him and 25 years apiece for each of the six subsequent counts. The law, as written by Congress, requires the sentences to be served consecutively.