A jury is chosen and the judge bars a defense witness from testifying in the manslaughter trial.
By RICHARD RAEKE
Published December 2, 2003
NEW PORT RICHEY - Carmen Sanchez Davis spent much of Monday wiping tears from her eyes, the blue tissues piling up before her, as she prepared to stand trial on a charge of manslaughter.
With jury selection completed Monday afternoon, opening arguments and testimony are slated for today.
Prosecutors say that on March 7, 2002, Davis shot her live-in boyfriend, Jonathan Bertram Perkins, point-blank in the chest at their Palm Terrace Gardens home. Then she washed her hands with peroxide and wiped down the .22-caliber handgun.
Davis claims that Perkins had been beating her and she only meant to threaten him with the gun. She has said she didn't realize it was loaded when she pointed it at his chest.
Pasco sheriff's deputies said Davis and Perkins both were drunk at the time of the shooting.
Also Monday, Assistant State's Attorney Tom Koskinas moved to suppress testimony of a defense expert witness, saying Dr. Randy Otto's conclusions aren't reliable and Davis' reasoning behind her confession is a matter for the jury to decide.
Otto, a psychologist, concluded that Davis' dependence on alcohol, coupled with her dependent personality, might have caused her to confess to police. It was a misguided attempt to fend off rejection and please investigators, he added.
Pasco-Pinellas Circuit Judge Daniel Diskey granted the prosecution's motion, saying Otto hadn't established a sufficient expertise or basis for his analysis.
According to Assistant Public Defender Candy Vandercar, Davis and Perkins had a history of domestic violence.
Davis' landlord, Gregory Wojtaszczyk, spoke to a reporter from the St. Petersburg Times in March 2002 and said he had broken up three fights between the couple in two weeks. He also said Perkins was abusive.
On Jan. 30, 2002, Perkins was arrested at Gulf View Square mall after a security guard saw him try to slam Davis' head against a concrete bench. He was found guilty of domestic battery the following February and sentenced to 20 days in county jail with credit for time served.
The day after the shooting Davis also spoke to the Times. She said Perkins was drunk the night of the shooting and said he was taking her money and leaving to go sleep with another woman.
He grabbed her by the hair and another fight ensued, she said.
"I told him, "I'm going to shoot you,' but I thought there were no bullets," Davis said. "My God, I shot him, but I didn't mean to."
- Richard Raeke covers courts in west Pasco County. He can be reached in west Pasco at 869-6236, or toll-free at 1-800-333-7505, ext. 6236. His e-mail address is rraeke@sptimes.com
