Deft: Terrence P. Buckley, Esq. Criminal Cause for Violation of Supervised Release as to Demetrius Boudourakis held on 1/20/2009 @11:30 a.m. Defendant waived reading of the charges. Defendant withdrew his not guilty plea and enters a plea of Guilty to charge #1 of Violation of supervised release.
John Zick
Just four days before the first anniversary of Maurice Davis’ death, one of two men convicted of murdering the church deacon was sentenced to 17.5 years to life in state prison.
Just four days before the first anniversary of Maurice Davis’ death, one of two men convicted of murdering the church deacon was sentenced to 17.5 years to life in state prison.
Demetrius Molina, 24, of Elmira, was steadfast as Chemung County Judge Peter Buckley sentenced him on six counts related to the murder, including a 17.5-years-to-life term for second-degree murder.
The second man convicted of murder, 24-year-old Romondo Ross, also of Elmira, had his sentencing adjourned until Aug. 10.
Molina, who at trial admitted to being at the scene of the shooting but said he didn’t fire a gun, maintained his innocence at sentencing.
“I’d like to send my condolences to the entire Davis family for the pain they have had to endure,” Molina said. “I beg the court for mercy and leniency in sentencing.”
Buckley could have sentenced Molina to 25 years to life on the second-degree murder charge.
“The scary part of this crime ... is innocent people ... can and did suffer,” Buckley said. “Guns hurt people, guns hurt families.”
Buckley said he based his sentences on the facts of the case and Molina’s past. Molina is a high school graduate and went to Corning Community College for a year. Also, he had no prior felony convictions.
Nearly 100 people packed the courtroom Monday for sentencing. Spectators mostly kept their cool during the proceedings, unlike the scene following Molina’s conviction when several of his supporters lashed out at the police and the court. Several of Molina’s supporters grew emotional at sentencing though, yelling “We love you (Demetrius)” as he left the courtroom.
Davis, 51, was struck in the head by a stray bullet as he slept in his bed around 2:50 a.m. Aug. 1 at 347 Hathorn Court. He was an innocent victim, police said.
Police said both Molina and Ross fired guns at the scene.
Davis, a deacon at an Elmira church, lived in the apartment with his wife, Tanisha Logan-Davis, and several children.
An altercation between rival factions that started at Lando’s in Corning led to the shootings, witnesses said.
On Monday, Logan-Davis said she forgives both men.
“I want to say to you that I do not know if you pulled the trigger that killed my husband, a father, a friend, an uncle, a deacon, a brother. I don’t know.” she read from a prepared statement. “I know that his murder was not intentional, I know that, but it does not change the fact that it happened, and someone has to answer for it.”
Logan-Davis also played a phone recording in which one of Davis’ young nieces recites a prayer.
“In Jesus’ name in the world, I want you to come back from heaven,” 4-year-old Thomia said. “I love you, everybody loves you. We want you to come back. Please. You’re my uncle and I love you. How did you die? How do you just die? Just say it. It’s OK. Just say it. Please just say it for me. Just say it. How did you get killed? Please. Amen.”
Molina’s attorney, Lawrence Fredella, said his client has been remorseful since the incident, but “it’s hard to have remorse when you’re an innocent man, but he has.”
District Attorney Weeden Wetmore asked Buckley to impose the maximum sentence to send a message to the community.
“Back then (30 years ago), gunshots were a rare occurrence,” he said. “We have so much gunfire (now), the press sometimes doesn’t even pick up on it.”
Fredella said he has already filed an appeal on Molina’s behalf.
“There are serious appellate issues in this case,” he said, adding that one issue is the theory of the crime.
Ross was also scheduled to be sentenced Monday, but his case was adjourned because he will find a new attorney. In a letter to the judge, Ross said his court-appointed attorney, Paul Corradini, was ineffective.
“I feel there has been a lot of procedure errors in this case,” Ross said Monday in court.
Corradini agreed Ross should find a new attorney.
“I feel I cannot advise him at all,” Corradini said.
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