greater love than the one who gives his life for his friends.”
-John 15:12-13
Concern about the injustice that results from the conviction of an innocent person
has long been at the core of our criminal justice system. That concern is reflected, for
example in the “fundamental value determination of our society that is far worse to
convict an innocent man than to let a guilty man go free.” In re winship, 397 U.S. 358.
Curtis Ray Davis II is actually innocent of the murder of Roderick Washington.
Unlike most cases of men attempting to prove his innocence, Curtis knows the identity of
the real perpetrator of the crime inasmuch as he was, in fact, present at the scene and was
an eyewitness to the shooting. Curtis stated to Detective Kenneth Clark of the Los
Angeles Police Department, that he could not aid them in arresting the real perpetrator
because the “person was a close relative and what Curtis viewed as an act of harming him
would go against what he believed to be right.”
Curtis explained the misidentification to his attorney’s Michael Walker and Neal
Dixon and told them the names of people who were at the scene and knew the truth. He
chose to exercise his right not to take the stand against his brother as an act of family
love and loyalty. Unfortunately, Curtis trial counsel failed to present evidence in the
testimonies of eyewitnesses Anthony Spratt and Lonnie Bryant as to the identity of the
real perpetrator. The man responsible for the shooting of Mr. Washington is Curtis’ older
brother, Terry Davis.
To the average reader, such a story might seem extraordinary, and in a way they
would be correct-as Curtis’ situation was created from extraordinary circumstances. At
the time of the shooting, Curtis was a 21 year old black male from an underprivileged
background. He was raised by his single mother in Los Angeles, California, until tragedy
struck and she was murdered. At age 14, he was adopted by Mrs. Joyce Davis and his
biological father, Curtis Ray Davis Sr., whom he had only recently become to know.
Like most similar situations, Curtis experienced a tough time adjusting to his new family
and the culture shock of moving away from his friends and relatives in California to
Shreveport, LA. Lost in a new world completely foreign to his previous life, Curtis was
quickly indoctrinated with a sense of family values. His father taught him that his
brothers and sisters were to be loved and protected and that family trust and loyalty were
to be maintained at all cost.
At the age of 17 years old following the death of Curtis Ray Davis, Sr. Curtis II
moved into the home of Terry and his wife Lawanna. Terry became Curtis’ mentor and
best friend, and in a way, they were inseparable. In 1986, after graduating from Booker
T. Washington High School in Shreveport, LA, having a strong desire to make something
out of himself, Curtis enlisted in the U.S. Army National Guard. After completing Basic
Training and A.I.T, he returned to Los Angeles to enroll in college. While attending
Downey Business School, he was employed as a data entry clerk supervisor for Cartel Insurance in Inglewood, California. Curtis had seemed to defy the statistical odds against being an African-American male at a time where unemployment and poverty were at their highest levels since the Great Depression. But it was during the summer of 1990 that Curtis made the worst mistake of his entire life-when he flew back home to visit his brother Terry.
This case began on July18, 1990, when Curtis accompanied his brother Terry and
friends, Mr. Lonnie Bryant and Mr. Anthony Spratt, to the Grimment Drive Apartment
complex in Shreveport, LA. They visited the home of Mr. Cederic Ragster and Ms. Tara
Robinson where a dice game was being held. During the course of the events, Terry lost
his keys. Terry apparently believed that the victim, Mr. Roderick Washington, had
picked them up, and an argument ensued. Tara Robinson asked everyone to leave and,
once outside, Terry and Roderick Washington, who was accompanied by a small child,
continued arguing about the keys. In an attempt to defuse the situation, Curtis asked
Roderick to give the keys to him if he had them. Suddenly, Terry pulled out a gun and
Roderick grabbed it. Terry and Roderick were both wrestling for the gun when it
discharged. Roderick was standing with the gun in his hand when Terry shouted, “Run!”
Curtis along with Lonnie Bryant ran away from the scene and followed Terry to a car.
Curtis did not take the stand to disclose the identity of the real shooter because, at
some level, he wished to protect his older brother; he did not want to be stigmatized in his
community or family as a snitch. He did not trust the police and he naively believed his
family and the court system would uphold and protect his innocence since he did not, in
fact, commit the crime. Curtis’ relationship with his older brother, who acted as
surrogate father to him after the death of his own mother and father, along with the other
factors mentioned above created extreme psychological duress which forced him to
maintain his silence in this regard up to this point.
During this investigation conducted by the Shreveport Police Department, one of
the participants of the dice game were able to give Curtis’ nickname; “Too Short” who was identified as Curtis Ray Davis II by Cederic Ragster and Tara Robinson, neither of whom witnessed the altercation. A photo was obtained and placed in a lineup with five others for the viewing of a potential witness by the name of Betty Sue Smith. Upon viewing the photographs about two weeks after the altercation, Mrs. Smith said that, “Number three looks like him, but I’m not sure, the other is not the ones.” Photo number three was Curtis. Mrs. Smith went further to write on the identification card that
she didn’t want to send the wrong person to prison but a lot of people could have been
hurt. She marked her identification as tentative.
An arrest warrant was issued for the crime of Second Degree Murder. At that
time, Curtis was in Los Angeles. He contacted his adoptive mother and informed her as
to the truth that he had been misidentified for Terry in the shooting of Roderick
Washington. Mrs. Davis could not offer Curtis maternal advice as she was conflicted
with the fact that disclosure of the truth would threaten the freedom of her biological
son Terry.
Although there was no physical evidence that linked Curtis to the crime (Police
retrieved the murder weapon from the scene and Curtis’ fingerprints were not on the
weapon or the spent shell casings) and the State’s only eyewitness, Betty Sue Smith, was
impeached by prior inconsistent statements. Nevertheless Curtis was found guilty by a
10-2 verdict of second agree murder and was sentenced to life imprisoned in the
Louisiana Department of Corrections without benefit of parole, probation, or suspension
of sentence.
Curtis was unable to win a new trail based any of the many appellate and post-
conviction relief applications that he has filed over the years. It was not until October of
2001 that Curtis discovered evidence of a non-communicated 7 year plea offer in the
form of a letter authored by A.D.A. Catherine Estopinal to ex A.D.A. Mark Perkins,
Curtis’ attempt to obtain post conviction relief upon the discovery of this evidence was
denied as procedurally barred, thus precluding a review on the merits of the claims.
In July of 2002, Terry Davis’ sister-in-law, Eslandra Merrick, wrote a letter to
Curtis informing him that Terry had confessed to her that it was him (Terry) and not
Curtis who shot Roderick Washington. Curtis, again, presented his evidence to the court
in support of his actual innocence claim, but was similarly denied relief on procedural
grounds further preventing him from having the merits of his claims heard by the court.
In the first months of 2006 Curtis became reunited with his High School
sweetheart Ms. April Davis who is employed by Omega Diagnosed Laboratory L.L.C. as
a Clinical Laboratory Scientist in Microbiology. Curtis explained his circumstances to
Ms. Davis who agreed to see if she could put the case together and prove Curtis’s
Innocence. Curtis explained to her how desperately he has litigated his case on collateral
review and how he could not find the people who saw what happened that night. So
April began speaking to attorneys, paralegals, and investigators and eventual the J.F.J.V.
Innocence Project who had also taken interest in Curtis’ case. See affidavits attached
Curtis Ray Davis II has served 18 years in prison and is currently being housed at
the Louisiana State Penitentiary. He has always maintained his innocence and has
exhausted every conceivable legal remedy to correct his situation. During the initial
phase of his incarceration, Curtis lashed out at the system that he believed had treated
him unfairly. It is impossible to imagine the nightmares experienced by a very young
man who in convinced he might die in prison for a crime that he did not commit. Curtis
was issued many disciplinary reports and punished for refusing to work in the fields,
defiant behavior and disobedience. However, Curtis’ Prison conduct report does not
contain violent offenses and as the years passed, he learned to adjust. Through his
personal introspection and study he began to understand that his incarceration was his
own fault. He began to believe again that Truth always prevail in the end. Curtis
established a relationship with God and began an atonement process where he first
admitted to himself that, although he is innocent, he is not blameless.
He has continued educating himself behind bars and has developed himself as one
of the most sought after academic tutors in the institution. Curtis has spent the last 7
years working as a “life skills” coach for Angola’s Pre-Release Exit Program (P.R.E.P.).
He tutored prisoners about to be released into society on understanding; “Communication
Dynamics”, “Money Management”, “Decision Making”, “Relationship Building”,”
Parenting” and “Career Planning”. Louisiana statewide recidivism rate stands out as one
of the highest in the nation at 57%. However, the rate for individuals who participate in
Angola’s P.R.E.P. program, facilitated by Curtis Davis was less than 8%. Unfortunately,
after hurricane Katrina the program was downsized and inmates no longer facilitate the
classes. Curtis is currently seeking vocational certification in Graphic Arts and
Communication.
The skills and talents Curtis have developed are much desired in our
communities, where young men are in desperate need of mentors and living testimonies
of the indestructibility of the human spirit. In Louisiana, “Life” means “UNTIL YOU
DIE”. Curtis’ continued incarceration is tragic and we must believe that an
extraordinary measures must be taken to insure justice. Only an act of executive
clemency can correct the injustice of Mr. Davis’ continued incarceration for a crime for
which he is actually innocent.
April M. Davis
NOTE: Curtis Ray Davis II has served 18 years of a Natural Life sentence for a shooting for which he was wrongfully convicted. This brother needs your aide, assistance and support. You may contact Curtis by emailing Curtis Davis at [email protected], write letters or send donations to Curtis Davis 320151, Oak 3, Louisiana State Prison, Angola LA, 70712.
THANK YOU, THANK YOU, THANK YOU