Georgia Attorney General Thurbert E. Baker offers the following information in the case against Troy Anthony Davis, who is currently scheduled to be executed during the execution window starting at noon on October 27, 2008 and ending at noon on November 3, 2008.
On October 15, 2008, the
At approximately 1:00 a.m. on Saturday, August 19, 1989, Officer David Owens, of the Savannah Police Department, responded to a call of “an officer down” at the Greyhound bus station on Oglethorpe Avenue (T. 759). Officer Owens found the victim, Mark McPhail, a 27 year-old Savannah police officer, lying face down in the parking lot of the Burger King restaurant next to the bus station. (T. 759). Officer McPhail’s mouth was filled with blood and bits of his teeth were on the sidewalk. As he began administering CPR to the victim, Officer Owens noticed that the victim’s firearm was still snapped into his holster. (T. 761).
Larry Young, who was present at the scene, told police that between midnight and 1:00 a.m. he had walked from the Burger King parking lot, which was frequented by transients and homeless individuals, to the convenience store down the block to purchase beer. (T. 797-798). Sylvester “Red” Coles saw Young leave the pool hall next door and began following Young demanding a beer. (T. 798). Coles continued to harass Mr. Young all the way back to the Burger King. (T. 799). When Young arrived at the parking lot, Harriet Murray and two unidentified men were sitting on a low wall by the restaurant. Davis and Daryl Collins, who had taken a shortcut to the parking lot, came out from behind the bank and surrounded Mr. Young. (T. 799). Mr. Coles, who was facing Mr. Young, told him not to walk away “cause you don’t know me, I’ll shoot you,” and began digging in his pants. (T. 845). The two men seated on the wall fled, and Ms. Murray ran to the back door of the Burger King, which was locked. (T. 799). Davis, who was behind Young and to his right, blindsighted him, striking him on the side of the face with a snub-nosed pistol, inflicting a severe head injury which formed the basis of Count III of the indictment. Mr. Young began to bleed profusely, and he stumbled to a van parked in front of the Burger King drive-in window, asking the occupants for help. (T. 803). When the driver did not respond, he went to the drive-in window, but the manager shut it in his face. (T. 803, 915).
In response to the disturbance in the parking lot, Officer McPhail, who was working as a security guard at the restaurant, walked rapidly from behind the bus station, with his nightstick in his hand and ordered the three men to halt. (T. 849). Mr. Collins and Davis fled, and Officer McPhail ran past Sylvester Coles in pursuit of
Thirty minutes after the killing, Red Coles appeared at his sister’s house a few blocks from the bus station. Mr. Coles asked his sister for another shirt. (T. 915). Shortly thereafter,
Pursuant to an investigation, police learned that on the night prior to the killing,
Shortly after Michael Cooper was shot, Eric Ellison and D.D. Collins picked up
An autopsy revealed that Officer McPhail was shot twice. One bullet entered the corner of his cheekbone on the left side and exited the back of his neck; the bullet blew away bits of his teeth, and his lip was impaled on his teeth. (T. 782-784). The second bullet passed through the armhole of McPhail’s bullet-proof vest, and entered his chest on the left side. (T. 784). This bullet pierced the lung and the aorta, and lodged in the opposite side between the third and fourth vertebrae, at the back of the chest cavity near the spinal column. (T. 784-787). The cause of the victim’s death was a loss of blood from a gunshot wound to the left side of his chest. (T. 789). The pathologist further noted that there were scrapes and lacerations on the victim’s arms and legs, and an apparent injury to his right thigh, which could have been grazed by a bullet. (T. 788-789).
A ballistics expert testified that the bullet that wounded Michael Cooper could have been fired from a .38 special revolver or a .357 magnum. (T. 1291). The bullet from McPhail’s body was of the same type and was possibly fired from the same weapon as used in the Cooper shooting. (T. 1292). Four .38 special casings recovered at Cloverdale, where Michael Cooper was wounded, were fired from the same gun as casings found at the scene of Officer McPhail’s murder. (T. 1292).
At trial, Kevin McQueen, who was at the
Jeffrey Lapp testified that
Red Coles identified
The Trial (1989-1991)
The Direct Appeal (1992-1993)
The Georgia Supreme Court unanimously affirmed
State Habeas Corpus Petition (1994-1997)
Davis, represented by the
On September 9, 1997, the state habeas corpus court denied
Federal Habeas Corpus Petition (2001-2004)
The federal habeas corpus court denied a motion to alter and amend judgment on June 3, 2004. The federal habeas corpus court denied
11th Circuit Court of Appeals (2004-2006)
The Eleventh Circuit granted
On September 26, 2006, the Eleventh Circuit issued an opinion which affirmed the denial of federal habeas corpus relief to
Reviewing each of
New Execution Date Set (July 17, 2007)
On June 29, 2007, Chief Judge Perry Brannen, Jr. of the
Extraordinary Motion for New Trial (2007)
On July 9, 2007,
Latest Proceedings before the
On July 16, 2007,
 References to the transcript of