Murder Conviction Overturned

The Court of Appeals in Indiana informed Kosciusko Circuit Court Judge Rex Reed this morning that the murder conviction of Jason Davidson has been overturned.

According to documents faxed to Reed from the appeals court, the decision was based on the jury instructions given before deliberation began in Davidson's trial for the 2002 murder of Samuel Creekmore. A jury in September 2003 found Davidson guilty of the murder.

The appellate court decision said, "... A material element was omitted, we reverse and remand for a new trial."

According to the document, Davidson's proposed final jury instruction No. 1 says, "A person commits a crime only if he voluntarily engages in conduct in violation of the statute defining the crime. The term voluntarily means behavior that is produced by an act of choice and is capable of being controlled by a human being who is in a conscious state of mind."

The prosecution objected to that instruction and the jury instruction chosen was, "A person commits a crime only if he voluntarily engages in conduct in violation of the statute defining the crime. The elements of culpability, or that is the voluntary conduct with which the defendant is accused, is conduct that was engaged in 'knowingly' or 'intentionally.'"

The document also says that Davidson's proposed Final Jury Instruction No. 3 says, "To convict the defendant, the state must have proved each of the following elements: The defendant: (1) knowingly or intentionally (2) and voluntarily (3) killed (4) Samuel Creekmore."

Again, the prosecution objected and then approved the instruction to read, "To convict the defendant, the state must have proved each of the following elements: The defendant: (1) knowingly or intentionally (2) killed (3) Samuel Creekmore."

The appeals court decision says the jury instructions given should have included the term "voluntarily."

"In most cases, there is no issue of voluntariness, and the state's burden is carried by proof of commission of the act itself. ... However once evidence in the record raises the issue of voluntariness, the state must prove the defendant acted voluntarily beyond a reasonable doubt," the appeals court said.

According to Reed, there now are two options. The jury verdict could be reversed and a new trial could be remanded.

Or the state can ask the Indiana Supreme Court to look at the case. If the Indiana Supreme Court takes the case, it may side with the appellate court and remand a new trial, or it may agree with the original jury decision.

Davidson was sentenced to 55 years in prison for Creekmore's murder.