Dad loses appeal in battery of then 2-month-old son (Van Buren, Arkansas)

Dad DUSTIN RAY DAVIS was found guilty of 1st-degree and 2nd-degree battery back in 2008 for injuries inflicted on his then 2-month-old son. Dad appealed on a sentencing technicality--but it didn't fly.

http://www.swtimes.com/articles/2009/09/11/news/news091109_07.txt

Father Loses Appeal In Battery Of Son
By Jeff Arnold
Times Record • jarnold@swtimes.com
Friday, September 11, 2009 10:29 AM CDT

The conviction of a Van Buren man on multiple battery charges and the eight-year prison term he was given by a Crawford County circuit court judge were both appropriate, according to a decision by the Arkansas Court of Appeals.

Dustin Ray Davis, 22, was found guilty Sept. 12, 2008, of one count of first-degree battery and three counts of second-degree battery in connection with multiple leg and rib fractures suffered by his then 2-month-old son in 2007.

The jury recommended Davis be sentenced to five years in prison on the first-degree battery charge and one year each on the lesser counts, to run concurrently.

However, Circuit Court Judge Gary Cottrell departed from the jury recommendation and ordered the sentences to run consecutively.

On appeal, Davis made two arguments. The state failed to prove first-degree battery; therefore, the judge erred in not granting the defense motion for directed verdict after the state rested. And the judge abused his discretion in rejecting the jury recommendation on sentencing.

On the first argument, the appeals court said Davis was found guilty on a different subsection of the first-degree battery law than he cited in his argument, rejected his argument and affirmed the conviction.

Regarding his sentencing, the court said it is well established that sentencing is in the sole discretion of the judge.

Further, the court said there was nothing about Cottrell’s reasoning — which he wasn’t required to provide — for running the sentences consecutively that rose to an abuse of discretion, something the defense would have to prove.

Van Buren police began investigating Davis on Sept. 29, 2007, after an emergency room doctor at Sparks Regional Medical Center discovered the infant had a fractured right femur, and further X-rays revealed 14 rib fractures and a fractured left tibia in various stages of healing.

Davis initially denied any knowledge of how his son suffered the injuries, then offered differing explanations to his wife, police and the jury.

Davis provided yet another explanation when he testified in his own defense.