Davis
A homeless man originally charged with murder for a hit-and-run fatality near Mill Race Park received a 16-year sentence in Bartholomew Circuit Court.
Joshua R. Davis, 45, was found responsible for the Sept. 16, 2022 death of Coy Wayne Thompson, 61, of Columbus. Investigators believe Davis ran over Thompson once or twice with his minivan at a campsite near the intersection of Indianapolis and Tellman roads before fleeing the scene.
In a plea agreement filed by public defender Michael DeArmitt and chief deputy prosecutor Kimberly Sexton-Yeager, the two parties agreed to drop the murder charge. In return, Davis pleaded guilty during a June 28 hearing to leaving the scene of an accident resulting in death or catastrophic injuries as a Level 4 felony. The defendant also pleaded guilty to reckless homicide as a Level 5 felony.
On Thursday, Benjamin ordered that Davis serve 12 years, all executed, for leaving the scene. Although the judge suspended the four additional years she handed down for reckless homicide, she told Davis he must serve three years on probation after his release from the Indiana Department of Correction.
According to a probable cause affidavit, Davis and his wife were invited by Thompson and companion Robert Lehman to stay on their campsite after the couple were order to leave another location. But some time later, the Davises were asked by Lehman to leave due to their bickering.
Davis said he and his wife did drive away. However, he later returned to the campsite in his minivan to retrieve his dog.
The defendant told police that after he and the dog were in the vehicle, Thompson approached the vehicle and threatened him with a large knife. Davis said he revved up his engine to scare Thompson, but the vehicle lunged forward and knocked the victim to the ground.
Davis told investigators he mistakenly put the van in reverse and felt a bump. He admitted leaving the area without checking on Thompson’s condition.
Forensic experts believe that Thompson, who suffered a broken back, numerous broken bones and severe internal injuries, was bleeding profusely alone in a dark field for up to four hours before he died, Columbus Police Detective Sgt. Tom Foust testified.
It appeared that Davis was trying to place a degree of blame on the victim by suggesting on the witness stand that Thompson was capable of using a cellphone to call for help. That excuse hit the wrong note with the judge.
“There must have been a lot of pain,” Benjamin said. “When we look at those injuries again, to come out now and say he could have called to help himself — that’s cold.”
Davis testified he didn’t check on Thompson because he wasn’t sure he actually hit him. He also claimed there is an unwritten code among the homeless that you never call police except for yourself.
But Davis did make a call — to an acquaintance to ask him to supply an alibi for that night, the detective testified.
Foust told the court the acquaintance almost immediately contacted police to tell them about his phone conversation with the defendant. The detective testified Davis had said during the call that he thought he had killed someone.
Despite proof and evidence to the contrary, Davis said it was actually his wife who made the call.
When Davis later said he acted in self-defense, his story about not knowing if he actually hit the victim lost all credibility.
The judge also said it made no sense to her that Davis stayed in his vehicle and didn’t try to move as he watched Thompson slowly walk around his vehicle holding a knife.
“You could have pulled away,” the judge said.
Police reports state Davis kept the vehicle still until Thompson was leaning on the hood of the vehicle. That’s when the minivan lunged forward, a probable cause affidavit states.
“In all the reports I’ve seen that have been filed with the court, it doesn’t make sense what you want us to believe here today,” Benjamin said.
While insisting he was sober at the time, Davis also testified he was using alcohol, methamphetamine, marijuana and painkillers on a daily basis.
“To say you weren’t under the influence at the time this happened? I don’t believe it at all,” Benjamin said. “Throughout your whole history, there was always an excuse or blame for someone else. It never seems to be quite your fault.”
Krysta Thompson, the daughter of the victim, said the same thing in a different way.
“You’ve got more stories than a library,” Thompson told Davis.
While keeping her emotions in check, Krysta Thompson talked about many of her dad’s qualities — both good and bad — while holding a photograph of him.
Thompson told the court how her father had once carried her out of a burning house when she was very young. Several years later, Wayne Thompson “became my hero” once again — this time by protecting his daughter from a violent male threatening her with a knife, she testified.
She then turned her attention to the defendant.
“I’ve seen your family, and they are also victims,” Thompson told Davis. “I feel for them. My honest hope is that you can help your family and yourself.”
Davis said he intends to appeal his sentence.
