A Phillips County Circuit Court jury has acquitted Michael Davis Jr. of capital murder and first-degree battery in connection with the Aug. 10, 2009 shooting death of Quanteria Smith and wounding of Eddie Henry.
After hearing closing arguments from Deputy District Attorney Todd Murray and defense attorneys Louis Etoch and Philip Allen late Wednesday afternoon, the jury took two hours and 30 minutes to arrive at the verdict Thursday morning.
Olly Neal, a retired state Appellate Court judge who was presiding as the special jurist for the trial, announced the verdicts at high noon.
After the trial concluded, Murray told Neal that charges of committing a terroristic act and the unlawful discharge of a firearm from a vehicle were still pending from a July 5, 2009 shootout on Ohio Street.
After weighing the information from that case Neal imposed a $100,000 surety bond with stipulations for Davis.
Davis told Neal he would be moving to Jonesboro to either work or attend Arkansas State University.
Neal informed Davis that he was imposing a 10 p.m. curfew effective in Phillips County.
“This is not Chicago. The police know you and they will pick you up if you are found on the streets after 10 p.m.,” Neal stated.
The trial took more than a week to reach its conclusion.
The trial itself got under way Wednesday after several days involving the preliminary hearing and selection of the jury and two alternates.
Michael Davis chose to testify Wednesday afternoon as Etoch stated “at his own risk”.
Davis said he had a Jonesboro residence although he claimed he was staying at his parents’ residence at 1717 Holly St. at the time Smith was shot.
Under cross-examination by Murray, Davis testified that if there was “gunshot residue” on his hands it came from handling “bullets in a closet” and not from firing a gun.
When Murray asked Davis if he had grease on his hands from cooking chicken the night of the shooting, Davis said he couldn’t remember.
Murray told Davis he was being evasive with his answers.
Murray ended his cross-examination by asking Davis if he had shot and killed Quanteria Smith. Davis replied, “No.”
Etoch attempted to discredit Eddie Henry’s statements Wednesday by pointing out that Henry had several felony charges pending.
Etoch said Henry faced charges of delivering of cocaine and possession of marijuana with intent to deliver dating back to 2007 along with residential burglary and criminal mischief of Elvira Smith’s residence in 2009.
During Tuesday’s proceedings, Elvira Smith, mother of the victim, testified that Henry was her boyfriend. The prosecution case said Henry stated he was inside Smith’s home when Quanteria Smith was shot multiple times and that he came out the front door after he heard the shots fired.
Henry was shot once in the leg and taken to Helena Regional Medical Center where he was treated and released. Quanteria Smith was to HRMC where she was pronounced dead.
In other testimony Wednesday, Dale Acosta, a Helena-West Helena Police officer, stated that he took a photo spread to a West Helena motel where Elvira Smith was staying temporarily after the shooting.
Acosta said both Henry and Smith identified Michael Davis Jr. from the photo spread. Henry marked photos of Malcolm Hunt and Davis while Smith initialed a photo of Davis.
Acosta stated that Henry told him he had seen “two guys in the area” but that Davis was the shooter.
Henry and Smith were both vague about their initial recollection of who the shooter was as they stated they saw a “black make” coming around the corner to the Smith residence.
When Etoch asked Acosta, “Did you make notes” from his interrogation of Henry, Acosta said no.
Stating that there was a “tainted procedure” in the H-WHPD investigation, Etoch said Smith and Henry were staying in a “little bitty room” at the motel.
Acosta stated that Smith stayed outside of the motel room while he questioned Henry.
Etoch and Philip Allen put on several witnesses Wednesday afternoon beginning with Tomeka Price, a sister of Michael Davis Jr., who claimed Davis ”never left” the family residence at 1717 Holly St. throughout the evening of Aug. 10, 2009.
Murray asked Price if she knew of any reason “Michael Davis would be mad at Henry?” Price replied: No.”
Price said she left the family residence brief to pick up Jaqueline Guy from work. Guy is the defendant’s girlfriend. Guy said she had dated Davis for about five years.
Michael Davis Sr. testified that those at the residence, including Michael Davis Jr., spent the evening of Aug, 10,2009 playing a dice game.
Michael Davis Sr. said Michael Davis Jr. left the house around 5:30 p.m. for about 30 minutes.
