Posted on Sat, Jan. 28, 2006
VERDICT: GUILTY
Former soldiers sentenced to life plus 15 years for comrade's death
BY PAT GILLESPIE
Staff Writer
More than 2 1/2 years after Spc. Richard Davis was slain on a Columbus roadside, fellow 3rd Brigade soldiers Alberto Martinez and Mario Navarrete were found guilty Friday of murdering him, then burning his body and hiding it in nearby woods.
A Muscogee Superior Court jury of nine men and three women deliberated 2 1/2 hours before returning guilty verdicts, ending the week-long trial.
Senior Judge Bill Smith immediately sentenced both former soldiers to life in prison -- the mandatory sentence for murder in Georgia -- followed by 15 years in prison for the additional felonies.
As Navarrete left the courtroom, he mouthed to his crying family, "It's OK."
Martinez's mother Maria and brother Roy told him they loved him as he was escorted past by sheriff's deputies.
"We love you," said his mother, tears in her eyes. "Beto, we love you."
Martinez and Navarrete, both 26, were each on trial for the murder of Davis on July 12, 2003, in a wooded area off Milgen Road. According to testimony, Martinez, Navarrete, Davis, Jacob Burgoyne and Douglas Woodcoff went to Hooters and the Platinum Club for a night of celebrating a day after returning from a tour in Iraq. But a fight in the parking lot of the Platinum Club led to another fight as they piled into Martinez's compact car.
Testimony showed Martinez, of Oceanside, Calif., drove them to a wooded area off Milgen Road, where they got out, beat Davis again, then Martinez stabbed him more than 33 times in the head, neck and back. They set his body on fire and moved it deeper into the adjacent woods.
Helped in crime
Woodcoff, 26, of San Antonio, charged only with concealing the death of another, faces trial at a date yet to be set.
Burgoyne, 26, of Middleburg, Fla., pleaded guilty last week to voluntary manslaughter, robbery by force, possession of a knife during a crime and concealing the death of a person. Attorneys today said he will likely serve between 10 and 20 years for his role in Davis' death. His sentencing is scheduled for Monday afternoon.
The jury found both Martinez and Navarrete not guilty of armed robbery, a charge based on the taking of Davis' items of identification, including his wallet and dog tags. They convicted each of murder, aggravated assault, possession of a knife during a crime and concealing the death of a person.
Prosecutors urged the jury to consider that the soldiers not only killed Davis, they burned his body and returned days later to move it deeper into the woods.
"Not only did they not help Davis, but they moved (his body) to a safer place so they wouldn't get caught," District Attorney Gray Conger said. "They're not the actions of innocent people."
Moffett Flournoy, representing Martinez, told the jury that if Martinez did the killing, he would have been covered in blood. He said there was no testimony to show that Martinez was seen with bloody clothing. Testimony did reveal Martinez had blood on his hands that night. He also told the jury that Burgoyne was the one fighting with Davis that night, not Martinez.
"You simply cannot wipe all that blood away by wiping your hands," Flournoy said.
As William Wright, Navarrete's attorney, told the jury about Navarrete's 4-year-old daughter, Navarrete began wiping his eyes and holding his hand over his face. He began sniffling and pulled a handkerchief from his pocket to wipe his eyes.
"This is an important case to him," Wright said. "Already, two years of his life are gone in the county jail. He, too, is a victim."
He said the prosecution was just trying to convict anyone who was there that night, regardless of their role. Testimony revealed throughout the trial that Navarrete, of San Juan, Texas, was there when Davis was killed, and attempted to stop Davis' death when he convinced Martinez to give him a knife used in the attack. Testimony also indicated another knife was subsequently used to continue stabbing Davis.
"The fishermen have these men in the net," Wright said. "Mario Navarrete was at the wrong place at the wrong time. And he got caught up in the net of the fishermen."
Assistant District Attorney Stacey Jackson told the jury in a booming voice that it's a good idea to get as many "fish" as possible.
"Sometimes when you cast out your net for the King Mackerel, you get a small shark and that's the co-defendant, Mario Navarrete," he said, walking toward the defendants' table, pointing to them and speaking loudly. "He was with them the whole time. It's OK that we cast our net out, because we're reeling everybody in."
He said the evidence all week showed that Martinez was the killer and no one testified they saw anyone else near Davis. And, Jackson said, Navarrete didn't try to help Davis. No one called a hospital or sought help. He also questioned why Martinez would pull over to a wooded area with anyone other than those he could trust.
He showed the jury a picture of Davis and asked who was the biggest victim in this case.
"This is what Mr. and Mrs. Davis are left with," he said. "Mr. and Mrs. Davis could not bury him. I ask you not to bury the truth."
Contact Pat Gillespie at (706) 571-8622 or pgillespie@ledger-enquirer.com
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