Posted on 11/10/2003 9:58:04 AM PST by honeygrl
Former soldier to testify against comradesBurgoyne makes plea deal in 2003 slaying of soldierBY PAT GILLESPIEStaff WriterThree days before he would have faced trial along with three former soldiers, Jacob Burgoyne pleaded guilty Friday to manslaughter in the 2003 slaying of a fellow soldier the day after all returned from a year in Iraq.
Burgoyne, 26, a former private in the 1st Battalion, 15th Infantry Regiment, of the 3rd Brigade, will not be seated beside his former comrades in arms when jury selection begins Monday in Muscogee County Superior Court.
The plea bargain that brought reduced charges for Burgoyne requires him to be a prosecution witness. He'll testify against Alberto Martinez, Mario Navarrete and Douglas Woodcoff -- all former privates first class in the same unit -- during the murder trial in the death of Spc. Richard Davis on July 12, 2003.
Originally charged with malice murder, felony murder, aggravated assault and armed robbery, Burgoyne pleaded guilty to reduced charges of voluntary manslaughter and robbery by force, in addition to possession of a knife during a crime and concealing the death of another.
"He's going to be sentenced to substantial time in the penitentiary," District Attorney Gray Conger said after the hearing.
Voluntary manslaughter and robbery are each punishable by up to 20 years in prison, with concealing a death punishable by up to 10 years and the weapons charge up to five years.
Burgoyne, of Middleburg, Fla., didn't speak during Friday's plea session, other than to respond to Senior Judge E. Mullins Whisnant's questions concerning his rights, and to reply, "Guilty," when asked how he would plead to the charges.
Conger said Burgoyne made no further statements at the hearing because he will testify next week on the state's behalf. The prosecutor also presented no recitation of facts about Burgoyne's participation in the murder during the session.
As he left the courtroom, Burgoyne nodded to his mother, who was using a tissue to wipe her tears.
Night goes wrong
One day after returning from Iraq, Burgoyne, Martinez, Navarrete, Woodcoff and Davis went out drinking and partying, stopping at the Platinum Club the night of July 12, 2003. But because Davis yelled obscenities at the dancers, the soldiers told police, they got kicked out.
The soldiers began arguing in the nightclub's parking lot, but moved a short time later to a wooded area on Milgen Road, where they stopped their car and began fighting on the roadside, police said. During the fight, Martinez drew a knife and repeatedly stabbed Davis, a St. Charles, Mo. native, police said.
Investigators have said the soldiers moved Davis' body off the road shoulder, went to a gas station and got some lighter fluid, then burned his body before burying it and leaving.
Detective Andrew Tyner testified in a Nov. 10, 2003, Columbus Recorder's Court hearing that Burgoyne and Navarrete were trading blows with Davis when Martinez, armed with a knife, stabbed Davis in the side.
For about 15-20 minutes, the soldiers tried to persuade Martinez not to harm Davis further, Tyner said.
Navarrete told police he tried to intervene when Martinez was stabbing Davis, but he was blocked by Burgoyne, who said of Martinez, "He's gotta do what he's gotta do," Tyner testified.
The trial for the remaining defendants is scheduled to begin Monday in front of Senior Judge William Smith.
Martinez and Navarrete are charged with murder, felony murder, armed robbery, possession of a firearm during the commission of a crime, aggravated assault and concealing the death of another. Woodcoff is charged with concealing the death of another.
Tyner said Woodcoff was at the scene of the murder and didn't harm Davis, but he also didn't do anything to stop the attacks. Muscogee County Coroner James Dunnavant said the autopsy results showed that Davis was stabbed multiple times.
Days after Davis was stabbed to death, Martinez, Burgoyne and Navarrete -- motivated by fear that the stench of the body would reach Milgen Road -- returned to the site and moved the body deeper into the woods, police testified.
Drawing attention
The case has received national and international attention, including an article in Newsweek in March 2004 and a lengthy article in Playboy Magazine in May 2004.
In an article last week in the St. Louis Post-Dispatch, Davis' father, Lanny Davis, said screenwriter Paul Haggis, who wrote "Million Dollar Baby," is working with him on a Warner Brothers proposal that could include Clint Eastwood playing the role of Lanny Davis.
During a 2004 court hearing here, a producer from television's "Dateline NBC" sat in the audience, gathering
Hi, yes I'm back and you can see I don't how to use this forums to post. Don't even know if this ones right.I did post the news from the trial yesterday. Todays isn't out yet but it was gut wrenching. So much that noboby knew and is now coming out. This will all be on 48 hours in April and there will be a movie.
I'm still looking for anyone that knew Burgoyne?? Thanks
Dear Jen,
I found your website after searching through different sites on the murder trial.
I also had the pleasure of meeting, speaking and going to dinner with Lanny and Remy and I hope with the results today in the trial they feel some kind of peace or at least satisfaction with the outcome.
I can't imagine how you all feel...
My boyfreind was in the same troop as Richard and fought alongside him. He was also called to testify over the last few days for the trial, but in the end was not called.
Again I just wanted to email you and give you and all your family my best wishes for you all and I hope some of the hurt and loss you have all suffered will fade with time. I know nothing could ever make up for losing someone especially in the way Richard was lost and I am glad that the jury and judge saw the truth and had served at least a fair sentence within their abilities - again I know no amount of time served could ever make up for losing a cousin/ brother or son, but at least they'll be locked away for a long time to come.
We swapped numbers with Lanny and we will all shortly be living out in CA, so I hope to stay in touch with them.
Again I'm sorry for what you have had to go through and I wish you all the best for the future.
Seems like FR has become a message board of some sort. Check out all the replys on this thread. Somebody signs up today to leave a message to someone that signed up and left a message 2 years ago.
Yeah, weird, isn't it?
FReepmail.
This person has the IQ of a sponge. A fake one, not a real one. :)
"Clowns to the left of me
Jokers to the right
Here I am
Stuck in the middle with you"
Yowch!
;-)
Hey Chickie! This is a discussion board not a bboard. Take it elsewhere.
Guess again.
I just wanted to email you
That wasn't an email.
Sheesh, maybe people need to be tested and licensed before they go driving all over the internet...
It was originally an email that I was trying to send her from the website she put up and her email add. wasn't sending, so I just copied it and pasted it on here - and with regards to it being two years later I thought what with the trial now finished she could be looking on here again.
I really don't care if you think it's stupid me writing it because to put it bluntly it wasn't for any of you! It was a message to someone who has been through hurt and upset and it was written to express my sympathy to her and her family
And I'm well aware this is a message board and that's the point isn't it - to message someone - which is what I did.
Again if you have a problem with someone writing to someone else then you seriously have too much time on your hands!
It was originally an email that I was trying to send her from the website she put up and her email add. wasn't sending, so I just copied it and pasted it on here - and with regards to it being two years later I thought what with the trial now finished she could be looking on here again.
I really don't care if you think it's stupid me writing it because to put it bluntly it wasn't for any of you! It was a message to someone who has been through hurt and upset and it was written to express my sympathy to her and her family!
Hi, it's me, Rich's cousin--Jen. I wanted to got back to freerepublic to see if any other news came up about my cousin's case and to give an update of what has happened.
Martinez and Navarette pleaded not guilty but were found guilty by the court. My aunt notified me that Burgoynne is supposed to have his sentencing trial today, 1/30/2006. Woodcoff and Burgoynne testified for the prosecution. I am glad they came forward with the truth of what happened that night. All we could do was speculated about what Rich went through that night. The hardest statement was from Burgoyne--"As soon as he (Martinez) stabbed him, Davis jumped to his feet and gave a yell," Burgoyne testified. "He's saying he's got a family -- he's just screaming. That's the only words I heard." I just felt my heart sink. The details were brutal and harsh. There is some justice served. I want to thank you for your words of support for our family.
Posted on Sat, Jan. 28, 2006
VERDICT: GUILTY
Former soldiers sentenced to life plus 15 years for comrade's death
BY PAT GILLESPIE
Staff Writer
More than 2 1/2 years after Spc. Richard Davis was slain on a Columbus roadside, fellow 3rd Brigade soldiers Alberto Martinez and Mario Navarrete were found guilty Friday of murdering him, then burning his body and hiding it in nearby woods.
A Muscogee Superior Court jury of nine men and three women deliberated 2 1/2 hours before returning guilty verdicts, ending the week-long trial.
Senior Judge Bill Smith immediately sentenced both former soldiers to life in prison -- the mandatory sentence for murder in Georgia -- followed by 15 years in prison for the additional felonies.
As Navarrete left the courtroom, he mouthed to his crying family, "It's OK."
Martinez's mother Maria and brother Roy told him they loved him as he was escorted past by sheriff's deputies.
"We love you," said his mother, tears in her eyes. "Beto, we love you."
Martinez and Navarrete, both 26, were each on trial for the murder of Davis on July 12, 2003, in a wooded area off Milgen Road. According to testimony, Martinez, Navarrete, Davis, Jacob Burgoyne and Douglas Woodcoff went to Hooters and the Platinum Club for a night of celebrating a day after returning from a tour in Iraq. But a fight in the parking lot of the Platinum Club led to another fight as they piled into Martinez's compact car.
Testimony showed Martinez, of Oceanside, Calif., drove them to a wooded area off Milgen Road, where they got out, beat Davis again, then Martinez stabbed him more than 33 times in the head, neck and back. They set his body on fire and moved it deeper into the adjacent woods.
Helped in crime
Woodcoff, 26, of San Antonio, charged only with concealing the death of another, faces trial at a date yet to be set.
Burgoyne, 26, of Middleburg, Fla., pleaded guilty last week to voluntary manslaughter, robbery by force, possession of a knife during a crime and concealing the death of a person. Attorneys today said he will likely serve between 10 and 20 years for his role in Davis' death. His sentencing is scheduled for Monday afternoon.
The jury found both Martinez and Navarrete not guilty of armed robbery, a charge based on the taking of Davis' items of identification, including his wallet and dog tags. They convicted each of murder, aggravated assault, possession of a knife during a crime and concealing the death of a person.
Prosecutors urged the jury to consider that the soldiers not only killed Davis, they burned his body and returned days later to move it deeper into the woods.
"Not only did they not help Davis, but they moved (his body) to a safer place so they wouldn't get caught," District Attorney Gray Conger said. "They're not the actions of innocent people."
Moffett Flournoy, representing Martinez, told the jury that if Martinez did the killing, he would have been covered in blood. He said there was no testimony to show that Martinez was seen with bloody clothing. Testimony did reveal Martinez had blood on his hands that night. He also told the jury that Burgoyne was the one fighting with Davis that night, not Martinez.
"You simply cannot wipe all that blood away by wiping your hands," Flournoy said.
As William Wright, Navarrete's attorney, told the jury about Navarrete's 4-year-old daughter, Navarrete began wiping his eyes and holding his hand over his face. He began sniffling and pulled a handkerchief from his pocket to wipe his eyes.
"This is an important case to him," Wright said. "Already, two years of his life are gone in the county jail. He, too, is a victim."
He said the prosecution was just trying to convict anyone who was there that night, regardless of their role. Testimony revealed throughout the trial that Navarrete, of San Juan, Texas, was there when Davis was killed, and attempted to stop Davis' death when he convinced Martinez to give him a knife used in the attack. Testimony also indicated another knife was subsequently used to continue stabbing Davis.
"The fishermen have these men in the net," Wright said. "Mario Navarrete was at the wrong place at the wrong time. And he got caught up in the net of the fishermen."
Assistant District Attorney Stacey Jackson told the jury in a booming voice that it's a good idea to get as many "fish" as possible.
"Sometimes when you cast out your net for the King Mackerel, you get a small shark and that's the co-defendant, Mario Navarrete," he said, walking toward the defendants' table, pointing to them and speaking loudly. "He was with them the whole time. It's OK that we cast our net out, because we're reeling everybody in."
He said the evidence all week showed that Martinez was the killer and no one testified they saw anyone else near Davis. And, Jackson said, Navarrete didn't try to help Davis. No one called a hospital or sought help. He also questioned why Martinez would pull over to a wooded area with anyone other than those he could trust.
He showed the jury a picture of Davis and asked who was the biggest victim in this case.
"This is what Mr. and Mrs. Davis are left with," he said. "Mr. and Mrs. Davis could not bury him. I ask you not to bury the truth."
Contact Pat Gillespie at (706) 571-8622 or pgillespie@ledger-enquirer.com
© 2006 Ledger-Enquirer and wire service sources. All Rights Reserved.
http://www.ledgerenquirer.com
Burgoyne only got 20 years!!! Could be out in 7 or 8 years. He burned the body, he stole all the ID, he took all the evidence and got rid of it "WHY" ?? He was close enough to Richard to hear the air sounds coming from the holes in the lungs, that's pretty close, he was seen cleaning his hands off, he went back and moved the body while the rest drove around !!! All the guys were offered a plea, they didn't take it, they would not plead quilty to a murder they didn't do. Burgoyne jumped on it. Again, ask yourself "WHY". OH they all deserve to be punished but what a mix up.My regards to the family of Richard. I know this sentence that Burgoyne got will haunt Mr. Davis for a very long time. HE KNOWS !!
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