31 AUG 1991
4A - Savannah News-Press • Saturday, August 31,1991 *
Davises
Recall the
Kindness of
Defendant
Awaiting
Sentence
Taxing for
MacPhails
By JANE RSHMAN
Staff Writ*
By SANCM McDANJEL
F««tof«« Writer
For the widow of slain Savannah
police officer Mark MacPhail, the
most difficult moments of this
week's trial of Troy Anthony Davis
came late Thursday and Friday
morning.
Joan MacPhail, 29, and her fami^L ., • . *
*i
«?-u
ly waited in the courthouse offices of TEARS AFTER TRIAL: Joan MacPhail
lets out emotions Friday
the Victim-Witness Assistance Program while the jury deliberated
whether to sentence the convicted
Davis to death or punish him with
imprisonment.
As Mrs. MacPhail talked about
the trial, she twisted a piece of paper back and forth in her hands.
Wellwishers came and went. Did she
want a soda, something to eat, a cigarette?
Early in the trial, Mrs. MacPhail
had said she thought there was "a
chance" of a guilty verdict for Davis, but not death.
"I've always accepted the fact
and never really thought that we
would get the death penalty," she
said.
After a trial she described as an
"emotional roller coaster," Mrs.
MacPhail and family members had
raced to the courthouse Wednesday
night too late to hear the verdict
read. They were met on the sidewalk
by victims advocate Rosa Simmons
who tried to protect them from waiting media.
Mrs. MacPhail, the victim's
mother, Anneliese MacPhail, and
the victim's two brothers, Billy and
Gorden,
seemed
emotionally
drained and relieved after hearing
the verdict, which the jury returned
in less than two hours.
Family members had left the
courthouse only a short time before
and were prepared for a lengthy
wait at home.
Gorden MacPhail had arrived in
town after a 17-hour drive from
Wichita, Kan. Other out-of-town
family members have been camped
out at Mrs. MacPhail's home since
the trial began.
Mrs. MacPhail and her motherin-law sat, shoulders touching, directly behind the prosecutor's table
during the five-day trial. They rarely left the courtroom before Davis
was escorted out. Davis sometimes
glanced at Mrs. MacPhail as he entered and exited the courtroom
through a door directly in front of
her. She, in kind, was curious about
him.
"I have stared at himwondering
what kind of person could shoot
somebody just for the hell of it," she
said.
At times, there were enough
MacPhail family members to fill up
three courtroom benches. All week,
they had walked down the long,
fourth-floor hallway that leads to
Courtroom J, passing a row of large
windows that look out over a section
of the restaurant and bus 'station
where MacPhail was killed.
Two yearns ago, Mrs. MacPhail
and her deceased husband's brother,
Billy MacPhail, drove to the parking
lot there to see the site up close.
Mrs. MacPhail waited in the car
while her brother-in-law paced
around the lot, trying to understand
what had happened.
"It gives me an eerie feeling
when I have to drive by it," Mrs.
OUR OFFICES
WILL BE CLOSED
MONDAY, SEPTEMBER 2, 1991
IN OBSERVANCE OF LABOR DAY
, IF YOU REQUIRE
EMERGENCY SERVICE
PLEASE CALL 232-7171
• See AWAITING, Page 5A
PIPE CASUflL
WAVES TO FAMILY: Troy Anthony Davis in courtroom Friday
fer to Groves High School, which did
accommodate wheelchairs, Davis
took her to school everyday.
After attending classes in the
morning so he could transport
Shawn, Davis received his high
school diploma equivalency from
Richard Arnold in 1987.
At the adult education center on
Bull Street, 'Davis was quiet, attended classes regularly and posed no
problems, according to a language
arts teacher who did not wish to be
identified.
"He was approachable and wellmannered, but like many other kids
who drop out and come into adult education, he seemed to lack discipline
to cope with the freedoms of the program and didn't get everything out
of it he could have," she added.
He did score exceptionally high in
the math tests, though, director Elijah McGraw said.
The longest it appeared Davis
held a job was at National Electric
Gate in Pooler, where he worked on
two different occasions, according to
Bill Van Antwerp, the plant manager who hired him.
The company makes crossing
gate arms for railroads.
The first time Davis started work
was Aug. 8,1988. By October of that
year, he started losing hours, Van
Antwerp said.
"First a Monday and then half a
day on a Tuesday," said Van Antwerp, looking through Davis* records. "By Thanksgiving, it all went
to pot. He was missing two and three
days a week. By Christmas, he
stopped coming altogether."
Early in January, Davis returned
and said he had been working at the
Georgia Ports Authority. He worked
for five hours at National Electric
Gate and then quit.
In May of the following year, he
returned again and worked steadily
Sentence
Patio & Pool Furniture
Continued From Page 1A
Recllner & Ottoman
Chaise Lounge
*149
*149
* $10 Gas Discount (with purchase)
* Quality at a reasonable price!
* Delivery Free (Ask for Details)
Savannah Electric
• •4DpTMFT"""""~—
MacPhail said of the bus station.
"Especially at night. It makes my
stomach cramp."
Mrs. MacPhail was determined
to keep her composure during the
trial, often placing her arm around
her mother-in-law during upsetting
testimony.
Family members learned things
in court they had not known before,
like the fact that MacPhail's front
teeth were knocked out of his mouth
in the struggle the night of his death.
The testimony of pathologist Dr.
Jane Jennings was numbing, as
were the recollections of David
Owen, the first police officer on the
scene after the shooting. Evidence
displayed in court included MacPhail's battered uniform, his pants
cut nearly in two that night by medical technicians who frantically tried
to save his life.
But the testimony that most
moved family members was that of
state's witness Dorothy Ferrell who
identified Davis as the gunman who
shot MacPhail. Miss Ferrell said she
knew MacPhail because a couple of
days before the shooting, he had
bought an old, homeless man a cup
of coffee and sat talking to him in
the Burger King restaurant.
"That was just like Mark," said
Mrs. MacPhail later. "That's when I
lost it"
Family members said they have
rfo doubt that Davis is the killer.
"If he is acquitted," Mrs. MacPhail said the day the jury began deliberations, "he will still have to
meet his maker. Our creator, I
know, will not fail me."
Mrs. MacPhail said she is not unsympathetic to the Davis family.
"We're sorry for what they had to
go through."
But their grief, she said, does not
Except for two years, Troy Anthony Davis, 23, has lived in the
same ranch-style, red brick house
all his life.
The neighborhood, Cloverdale,
near Gwinnett Street and Stiles Avenue, is solidly middle class. Lawns
are cut, shrubs are trimmed and
gardens tended. Wrought iron furniture, painted white, sits in backyard
patios.
Davis' mother, Virginia, 47, has
worked as a production specialist for
21 years at Candler General Hospital. Recently she was honored by the
hospital with a service pin.
A sister, Tina Davis Correia, 24,
is a lab technician and a combat
medical specialist in the Army,
which she joined in 1985. She is a
graduate of Windsor Forest High
School.
Another sister, Shawn, 21, who
graduated from Groves High School,
is a computer operator.
Davis' father, Joseph, served in
the Army during the Korean War
and is a carpenter at Hunter Army
Air Field. Married for 18 years, the
Davises divorced six years ago.
Two other children, Ebony, 10,
and Lester, 14, live at home.
Uke the other children in Cloverdale, Davis was bused to school in
Windsor Forest. He attended the
southside school for two years. He
dropped out when he was a junior
and enrolled in Richard Arnold Education Center so he could transport
Shawn, who has multiple sclerosis,
to the hospital for therapy.
"Troy picked her up out of bed or
her wheelchair, carried her to his
car, drove her every day to the hospital and then waited and took her
home," said Ms. Correia, who canceled plans to transfer to Germany
so she could stay home to support
her family during the trial.
"Shawn was able to graduate
high school, on time, because of
what Troy did," Ms. Correia said.
"We are a unified family. We were
raised in the church and we help one
another. I see young kids turn
against each other for a little gain,
but we are not like that.''
Later, when it turned out that
Windsor Forest was not wheelchair
accessible and Shawn had to trans-
IT
Table & 4 Cushioned Chairs
Starting
WHY PAY MORE SOMEWHERE ELSE?
•ry^iMaa
Hwy. 278 - Bluffton, S.C.
HOURS:
MON.-SAT. 10-6
SUN. 1-6
(2 miles from Hilton Head 1st. Bridge)
LOOK FOR THE UMBRELLAS!
(803)
837-6844
stood beside his lawyers, showed no
outward emotion as the jury verdict
was read by clerk BenGay.
"Spare my life," Davis, 23, had
asked the jury Thursday. "Just give
me a second chance."
MacPhail's widow, Joan MacPhail, and her mother-in-law,
Anneliese MacPhail, began crying
as the verdict was read.
"Shocked, honestly shocked," a
tearful Joan MacPhail said after the
verdict was read. "I never in a lifetime thought they'd give him death.
It's just a relief that it's all over. I
* f O ABSOLUTE LAST DAY fl^
—^——
—
—^
GOING OUT OF BUSINESS
BILL WAITS,
FINAL RV
LIQUIDATION SALE!!
OVER $1 MILLION INVENTORY
51% to
One of the widest selections in the Carolinas
P&ceArrow
dftbt on our •normous Inventory, combined with a
»lew economy, has forced us out of business. You'll find fanbargains on the perfect rug for any room in your home
office. We have a magnificent selection of runners, area
rounds, ovals, room size and estate size rugs from every
r rug producing country. From soft pastels, to bold, brifttint colors, Oriental Rug QaMery, Inc. has It all - come see for
OFF
FREE SHIPPING ANYWHERE IN USA
fMOUSANDS
OPEN
WAY MOTOHHOMI,
nUUUX, 5TM Wt«L
AND CAM** AND
ALL MKTS A ACOSSOMSWUMON
*AU AT ABSOLUT!
ROCK •OTfOM
MtttS!
• m {«
• •7
*••
*mmm
•*«*
* mmm
*mm
JUST A FEW EXAMPLES
Description
$881
CHINESE
toll
V WMMFW^^V ^MFt^Vr^P
Wtt$*95
1 5002 Abercorn Ext.
ocrvannoh, GA
912-925-5726
mum
AMOUH1 WHM •¥ §AU
EVEN
WOO BUAR 8x10
V »^|^%^MWHB i^^^^^^^^^P
.Was $1799
KASH*HR€
SAROUX1fcr14
' P^P^W^H^B^H ^^^^^^^^^W
WatftlTt
Decorative Dhurrie
Indo Tabriz Runner
FineKashmireSarouk
(ndo Persian Kashan
ImfoSerapi
S* & Wool Bokhara
Persian Kerman
Indo Persian Tabriz
100% PureSic Chinese
OW Persian Mat*
Size Ticket*
4x€
2.5x 1 2
8x10
6x9
9x12
9x12
6x9
10x14
9x12
10x14
IWas
IOW
$48
391
1368
997
1506
11
of tht lyptof i
>riciital Rua Gallery
1617
1453
2881
1956
3612
Mon -Sat 10 ,:im-8 pm Sunday 1-6 pm
"of>p.'»(i<:n
: HILTON HEAD ( 8 0 3 ) 8 4 2 - 2 2 4 8
for a month. By June - three
months before the MacPhail slaying
- "he was in trouble big time, missing four days out of the week. There
was always a story, always an excuse," Van Antwerp said.
Occasionally Davis would ask
someone to tell Van Antwerp he
wasn't coming to work, but mostly
he never called.
"I tried to give him the benefit of
the doubt. He was a good worker
when he worked. I liked him personally. He had a strong character, a"
forceful character. It appeared he
wanted to stay out of trouble and to
get somewhere," Van Antwerp said.
"My wife worked with his sister
at Groves in occupational therapy,
so I know he had other things on his
mind," Antwerp said. "One thing
that impressed me was how he filled
out the application. He took time to
read it, to follow directions. He could
pay attention when he wanted to."
Starting at $4.25 an hour and
moving up to 14.50, Davis drilled
castings into the metal railroad
arms. The castings weighed 15
pounds and the fixtures weighed 25,
Van Antwerp said.
"It was very monotonous work,
very physical," he said. "I could see
his frustrations and the way he exhibited them through his size. I
could also see that his mind was
somewhere else, that he was experiencing internal conflict. But he
didn't wish to talk about it to me.
"He was tough. I pictured him as
a bully type of person who liked to
puff himself out, to bellow so he
would feel better," Van Antwerp
said.
Davis' nickname, said Van Ant-'
werp, was Rah. It stood for "Rough
as Hell." Davis' friends who workejL
there called him that. And he wrtjlfg
• See DEFENDANT, Page 5A
had prepared the family that,
he's not going
to get death.' "
5
Davis mother, Virginia Davis j
and family members, sat silently as
the verdict was read. Mrs. Davis-:
was unable to speak afterwards, as.
family members urged news reporters to leave her alone.
1; •
For District Attorney Spender
Lawton Jr., the case was the first in
which a Chatham County jury has
returned the death penalty being
sought by prosecutors in his office.
In a number of earlier cases
where Lawton had sought the deathpenalty, juries convicted the defendant, but declined to recommend the
death penalty, and sentences result*
ed in life imprisonment.
I'
Lawton and defense lawyers Roth •
ert Barker, Robert E. Falligant Jr*
and Nancy Askew remained under a.
court-imposed gag order and could
not comment on the jury's action. • •
MacPhail, 27, was shot twice and!
killed early Aug. 19, 1989, in th<J;
parking lot of the Burger King restaurant at the Greyhound bus ternw •
nal where MacPhail worked off-diit)?;
security.
' r
In recommending the death s«n*'
tence, jurors found that MacPhail, a".
peace officer, was slain while engaged in his official duties,
• ;•
They also found that MacPhail's
4
'murder was outrageously or want
tonly vile, horrible or inhuman, in •
that it involved depravity of mind,or.",
aggravated battery to the victim
prior to his death."
The two conditions were among
three aggravated circumstances re,
quired under Georgia's death penal*
ty statute before death can be recommended by the jury.
•:
Evidence showed Davis shot
MacPhail with a .&caliber pistol;
once while the officer was on his feet
and the second time as he lay dying
on the asphalt parking
tot.
'
The jury could have recommend*
ed mercy arid given Davis a ttfe
prison term. Had the jury been unable to reach a unanimous verdict,
Head would have taken the scotencing decision from them and imposed
life imprisonment.
'
In addition to the murder diarfi;
the jury convicted Davii of obstruct*
ing MacPhail in the performance «C
his official duties and potamtai of 4
firearm during the commisrioo of ft
fetay.
•:
The jury also convicted D«vii «|
charfes of aggravated awn* to 4fr
snooting of Michael Cooper to " '
wdate about an boor befcrt
slaying aod
ry Young in the pwttnf tot ef 0*
restaurant immediately befort Mac?