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Just six minutes before the start of his 34th birthday, Jason Paul Davidson was found guilty of murder.
The jury returned its verdict at 11:54 p.m. Tuesday. Davidson will be sentenced Oct. 7 for the May 2, 2002, shooting death of Samuel Creekmore, 30, his ex-wife's husband. He faces up to 65 years in prison for the crime.
In closing arguments Tuesday, Matthew Rentschler, special prosecutor, said Davidson was guilty of no crime other than murder, despite the fact that Judge Rex Reed, Kosciusko Circuit Court, allowed the jury to deliberate on charges of voluntary manslaughter, reckless homicide and not guilty by involuntary intoxication.
Rentschler described the murder of Samuel Creekmore as an "execution" and implied to the jury that Davidson stalked Creekmore across the room, firing shots as he went until a final shot was fired directly over Creekmore's body.
Rentschler also said Davidson's intoxication, in his opinion, was self-induced to help him get up the nerve to commit murder.
"It's the only logical reason for him to have taken it," Rentschler said, referring to Ambien.
Defense attorney Dennis Hartley began his closing arguments by warning the jury of their power.
"Be careful of your power because the prosecution would like to take that power from you," this statement came after Hartley's objection to "I think ..." statements made by Rentschler during his closing statement were overruled.
Hartley then reminded the jury of Davidson's documented brain injury, the known effects of the medications Davidson took and the defense evidence that they believe supports the verdict of not guilty by reason of involuntary intoxication.
Statements made by Davidson to his family following the shooting, such as "They say I shot Sam," and "I think I shot Sam," prove, according to the defense, that Davidson was not aware of his actions at the time of Creekmore's murder.
These statements, Hartley said, show Davidson gained awareness after the crime and only then realized that Creekmore was shot.
Three factors are responsible for Davidson's actions, Hartley said. The "deadly combination" of medications, the head injury and Alicia Davidson-Creekmore.
Davidson-Creekmore, Hartley said, is responsible because of the "cruel, cruel way" she treated both Davidson and Creekmore. Hartley referred to the fact, admitted by Davidson-Creekmore during her testimory and testified to by others, that she and Davidson were having an affair after her marriage to Creekmore. Previous to the affair with Davidson, Davidson-Creekmore had cheated on Davidson with Creemore.
"I'm sorry to say, sad as it is, Alicia Davidson-Creekmore had a problem ..." Hartley said. "She manipulated and deceived Jason Davidson and Sam Creekmore. She led Jason Davidson to the point where he wanted to take his own life."
But, Hartley pointed out, Davidson was trying to get out. He was about to move to Florida and begin a new job and life before his suicidal ideas turned homicidal.
Hartley also pointed out that Davidson-Creekmore is the person who initiated contact with Jason Davidson the night of May 2, 2002.
"Alicia plays a cruel game and she got a cruel outcome," Hartley said. "And she is the one who walks free today."
In a final rebuttal, prosecuting attorney John Whiteleather told the jury, "There are no winners in this case. ... There are two families who have been tragically affected in different respects."
Whiteleather reminded the jury of their verdict options and complimented all attorneys involved with the case. The jury of five women and seven men was then dismissed at 5:44 p.m. for deliberations, which lasted six hours and 10 minutes.
