A Texarkana man who robbed a man and shot him in both arms and legs was convicted of five felonies Tuesday by a jury in Miller County.
The jury of seven women and five men was instructed by Circuit Judge Brent Haltom to return to the courthouse Wednesday for the punishment phase of trial for Shelby Jamal Davis, 23. Davis was found guilty of aggravated robbery and four counts of battery in a Nov. 15, 2015, incident at the Fox Creek Apartments in Texarkana, Ark., that left Jimmy Jones suffering from four serious gunshot wounds.
Davis and a friend, Jake Radney, had been drinking alcohol, smoking marijuana and taking Xanax since about noon the day of the shooting, Radney testified. Jones testified that he had just moved in with a friend at Fox Creek the day Radney contacted him offering to pay him a $100 debt he owed.
Jones said he and Radney became friends while working together at a Texarkana restaurant and that he occasionally helped Radney get marijuana. Jones said Radney sent him a text when he arrived in the Fox Creek parking lot in his white Nissan Altima. Jones said Radney was behind the wheel, Davis was in the front passenger seat and he got in the back. Jones said he doesn’t know what, if anything, he said to anger Davis.
Jones said Davis got out of the car at the same time as he and said, “You don’t know me n—–, I’m from the hood. Give me the money,” before pistol whipping him with a .380 handgun. Jones said he held his hands in front of his face, arms crossed at the wrists, with money in one hand as he said, “Take it, take it.”
Jones said Davis took the money and then shot him in each of his forearms, causing him to drop to his knees. Jones said Davis then shot him in each leg. Witnesses testified that Davis fired six shots. Two of the bullets missed Jones and lodged in an apartment door frame and in a nearby apartment. Jones said he has lost full use of one of his thumbs and experiences pain on a regular basis. Jones said he has pins and metal plates in his arms and legs holding together bone shattered by Davis’ bullets.
Davis is represented by Texarkana attorneys Tommy Potter, Jake Potter and Josh Potter. Tommy Potter argued in closing that Jones must have done something to provoke Davis and focused on Jones’ marijuana use.
“As I expected, the defense is trying to turn this into a case about drugs, and it’s not a case about drugs,” argued Deputy Prosecuting Attorney Connie Mitchell. “The law protects everyone.”
Deputy Prosecuting Attorney Kristian Robertson argued that Jones is a casual user of marijuana who shares with friends, not a street dealer accustomed to violence.
“You saw Jimmy Jones. He’s not a confrontational man. He’s a peaceful man who loves marijuana and who will sell some to a friend when he has enough,” Robertson said. “That man pistol whipped him, took his money and shot him four times.”
Wednesday morning the jury will hear testimony and arguments in the punishment phase of Davis’ trial. Davis faces 10 to 40 years or life for aggravated robbery. Each of the four counts of battery is punishable by five to 20 years in prison. Because the jury determined that Davis used a firearm in each of the counts of battery, Davis could receive up to 15 additional years on each of the battery charges.
Davis turned down an offer from the state Tuesday to plead guilty and accept a 40-year prison sentence for all charges with no firearm enhancements.
Davis is currently being held in the Miller County jail. He was released on a $250,000 bond in March 2016 but his bond was revoked following an arrest by Texarkana, Ark., police Sept. 24, 2017, for alleged possession of drugs and a handgun. Those charges remain pending.c