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April 17, 2008

Update: Guilty plea in kidnap, assault, murder of girl, 8

davis0417.jpg
Journal photo / Andrew Dickerman
Joshua Davis is led away from court today after pleading guilty to murder, kidnapping and sexual assault of 8-year-old Savannah Smith.


PROVIDENCE -- A Woonsocket man today pleaded guilty to kidnapping, molesting and murdering an 8-year-old girl, and the state attorney general said prosecutors will seek the maximum prison sentence of life without parole.

Joshua Davis, 22, formerly of 564 Coe St., Apt. 2, apologized to the family of Savannah Smith today in court. His public defender, John Hardiman, said that Davis had intended to plead to the three charges all along, to save the Smith family from going through a trial.

Davis is scheduled for a pre-sentencing hearing in two months. Sentencing is slated for June 5.

Attorney General Patrick C. Lynch said in a statement that "in order to do real justice, it is more than our prerogative -- it is our obligation -- to impress upon the court the heinousness of this defendant’s crimes and to advocate for the maximum sentence allowable under Rhode Island law."

Lynch said that although the plea "spares Savannah’s family and loved ones the torment of a long trial, it does not in any way mitigate the monstrous crimes that the defendant pled guilty to this morning in open court. A plea is this defendant’s prerogative, as it is any defendant’s prerogative. This outcome, however, is not a plea bargain; we did not give up any of our rights in securing it."

Savannah's family members were in Providence County Superior Court today, crying when details of the investigation were read aloud into the record. The family declined to speak with reporters today.

Lynch's statement said Davis acknowledged, during his guilty plea, that the state would have proven he molested Savannah, then murdered her and that the state could have proven the death was consistent with "aggravated battery and torture." The court therefore has the option of imposing a life-without-parole sentence.

-- projo.com staff writers Brandie M. Jefferson and Michael P. McKinney, with reports from Journal staff writer Tatiana Pina and Journal archival reports

According to the state, had Davis gone to trial, evidence would have shown that on May 7, 2006, David Smith told his daughter, Savannah, that she could not go for a ride with Davis, who lived across the street.

David Smith told police he later saw his daughter waving from Davis’s red convertible. It was the last time he saw her alive.

Five hours later, Smith said Davis returned home alone. When questioned by police, according to court records, Davis said he left the girl in a park. Smith said Davis “jumped in his car and tried to get away,” but he was apprehended, handcuffed, and taken away.

Savanna Smith’s body was found in Cranston the next day, after which, Davis was charged with murder, kidnapping and child molestation.

Posted by Brandie Jefferson  at 2:02 PM | Permalink

Comments

Hang um high

Jim | April 17, 2008 12:00 PM link

I want local news from this blog, not a Pope report. What affects me here?

Harry Haller | April 17, 2008 12:36 PM link

Put him in a cell without lights or sunlight and keep him in darkness for the rest of his life.

Gail | April 17, 2008 2:25 PM link

his brain should be disected because there is something definitley wrong with him.

Paul Rivers | April 17, 2008 2:34 PM link

How does this man's continued existance contribute to humanity? Were it my daughter, I'd willingly pay the ultimate price to eliminate this threat to my other daughter or someone else's. But, it seems, that the ultimate penalty is beyond the ken of 'those who must be elected.' Bah!

Brian J. Campbell | April 17, 2008 2:36 PM link

being civil is a difficult task in this situation. he should be castrated and then put in the general prison population. this after this poor girls parents get a few hours alone in a sound proof room with him. as a father it is hard for me to show any kind of mercy for an animal like him.

alan | April 17, 2008 2:45 PM link

It's too bad we don't have the death penalty , because animals like this should not be a burden upon the taxpayer to keep him fed or housed for the rest of his life. I hope he has the courage to do the right thing like Frankie Pentangeli did in the Godfather ......

Marcus | April 17, 2008 2:59 PM link

It's obvious that Joshua Davis was mistreated in his life. If you think putting him away and "throwing away the keys" solves the problem, you're way off base. Yes, he needs to be incarcerated. But, we need to find out what motivated him to commit such a heinous crime and incorporate what we learn into our daily lives. We need to stop living in fear and start being more honest and caring to each other. Locking up criminals or putting them to death STILL hasn't solved the problem. Love is the answer.

Joe | April 17, 2008 3:09 PM link

THIS is why we need a death penalty!

alice | April 17, 2008 3:31 PM link

Harry, read the article again.

EMT | April 17, 2008 3:52 PM link

This is why I am a firm supporter of the death penalty.

Middletowner | April 17, 2008 4:04 PM link

I don't know how our state can not have the death penalty when there are people in our state that commit such crimes. Honestly, there is no way to rehibilitate this person. He obviously was molested or had something happen to him in his childhood or he would not be able to do such a thing. If rehibilitation was possible, it needed to be done in his childhood which obviously didn't happpen. Now we get to pay for this monster to get 3 squares a day for the rest of his live. The only good thing is that people like him suffer in prison....

Matt | April 17, 2008 4:25 PM link

Why is this guy still allowed to live? The Death Penalty should be mandatory in cases like this.

Ron | April 17, 2008 4:26 PM link

I don't know.I sit here in absolute horror as I read this story. You all make valid points. I do believe in the death penalty.True,it is evident that this guy clearly had issues of his own growing up. However,the fact that he never got the help that he needed to make him a decent citizen of society in no way validates the torturous crime he committed against a defenseless child. A child who was murdered at the hands of this animal.
The fact that he didn't get the help he needed is not the fault of anyone but himself, much less, Savannah, who had to endure sexual molestation prior to being killed.
If there were a death penalty in R.I.,I would say.."Which arm would you like the injection?"
It would save the taxpayers a whole lot of money, and when it comes to the murders of children, who do not stand a chance of defending themselves, all bets are off. Straight to the chair you go.

Susan | April 18, 2008 6:48 AM link

Joe.....ask yourself if you would feel that "love is the answer" if that were your child. The only thing way off base is your take on this psycho.....Seriously, there is what you think reality should be and what it is.....get real bub!

Matt | April 18, 2008 9:20 AM link

I understand all of your objective opinions and most of you are on point but if you have never lived this reality you don't really know what kind of punishment you would want for the person who killed your loved one. In certain circumstances, I too, believe in the death penalty. In this case, he needs to spend every living moment behind bars and remember on a daily basis what he did to Savannah. He doesn't deserve to see the light of day. He will never be able to see his kids grow up. He will never be able to go shopping or do any of life's daily tasks. He will spend the rest of his natural life living in fear as she did and to me that is justice!!! In this circumstance, death is an easy way out. Not acceptable!

Jo-Ann L'Esperance | April 18, 2008 9:32 AM link

We did not know the details of her murder until now. My heart weeps for her family. To know that they will have to remember this the rest of their lives, it's terrible. It's not fair, and it's not right. Why this happens, we will never know. What caused this man to snap? What triggered him? For those that know or knew him, I don't even think they could answer this, and maybe not even Josh himself could answer it. Yes, it is irrelivant now, but I still wonder what point does a human get to, to make them snap like that to the point where there is no going back to sanity. This child sufferd so much, and could do nothing about it. It is not fair! I am not a parent, I have no idea how it feels to be a parent and hearing about this.

As far as Josh, yes, he is an animal and a monster, it is safe to say we all agree. But he was not born like this. At one point in his life he had a heart, and it is sad to know that something happened to him to cause him to lose grip on his sanity. Yes, it was all HIS choice, but something caused this. It doesn't just happen. None-of-the-less, he is getting what he deserves. Now we get to suffer supporting his demise in jail. I do know that child diddlers are not looked fondly upon in prison, and he will get beaten repeadedly, and possibly killed. What goes around, eventually comes back around.

Faith | April 18, 2008 11:16 AM link

The argument that we should save money by putting criminals to death is flawed. These days, the appeals process for those who have been sentenced to death costs millions in taxpayer dollars for legal defense and court time. When someone is given the death penalty, it is generally several years of appealing that sentence, and the prisoner is put to death only when it is determined that no other possible appeals can be made. Meanwhile, we as taxpayers are paying the salaries of the judges, court clerks, public defenders, and district attorneys who are running the appeals.

You can be for or against the death penalty based on your personal beliefs, and everyone is entitled to their own opinion. But you should not make the argument based on economics... it's far cheaper to simply lock them up for the rest of their lives.

karen | April 18, 2008 12:07 PM link

Let us pay $30,000 a year to feed and house him...so someone needy for that cash remains homeless and without food.

Dave | April 18, 2008 2:47 PM link

This tragedy has affected so many people in different ways, but sitting here spewing venom doesn't accomplish anything. What happened to Savannah is horrific and heartwrenching; she endured a living nightmare.
As for Joshua Davis, nobody will ever really know what happened to cause him to "snap." His decision to plead guilty was the only way he knew to spare the family additional pain. He willingly accepted whatever sentence the judge decides to hand down rather than fight for a lesser sentence. Why? Because to do that would mean the defense team would bring up issues that the public hasn't been made aware of, such as WHO supplied Joshua Davis (an underage drinker) with the alcohol. The defense team would have jumped on the fact that there was a 4-hour lapse before the police were contacted and the reasons for that delay. Most people only know the middle and end of the story---the trial would've shed light on the beginning of the story. Is he a hero for pleading out? Of course not. Does it lessen the severity of his crimes? Absolutely not. He did what he could to alleviate additional pain for the Smith's.

Shameful | April 23, 2008 8:07 AM link

Everyone needs to stop defending the murderer/rapist! Don't blame the victim or the victims family! Nobody cares if he drank a six pack before he did it or not, (or smoke a joint as he claims he did).
He did not plead guilty to save her family any grief! He did it because he knew he was going to get the maximum and once he found out the RI has no insanity defence, he knew he was screwed. "Shameful", I must say that you name appears appropriate for the bull youring trying to spread here. He is an animal, he is guilty, and he is responsible. There is NO defence for raping and murdering an 8 year old girl. Please note that the use of a condom proved it was premeditated as his girlfriend at that time said he didn't use them. It's also sad that he could afford condoms but could barely feed his family!

Jlane | May 1, 2008 8:47 PM link

Absolutely right that there is only one person to blame for this crime. Absolutely right that there is no defense for such a horrible crime. However, what is this about an insanity defense? Knowing what I do about this case, there was never a legal motion set before the court for an insanity defense. Sorry to the previous poster, but your comment about Joshua Davis pleading guilty only because he found out R.I. doesn't have an insanity defense is wrong....R.I. does in fact have an insanity defense in use. Though used less and less, the insanity defense is still a viable law in the state of R.I.
As for the condom use, who cares what his ex-girlfriend says. Perhaps if they used condoms, they wouldn't have had 2 kids that now Welfare will support! That ex-girlfriend ain't no angel. She was right beside Joshua doing the drugs and booze! How do I know this? Because we all use to get together and do the same thing. Some of us grew up and got our life together, while others didn't. Hey, if they couldn't afford to feed their family, why didn't the girlfriend get a job? I know, because getting Welfare is far easier.

Been There, Done That | May 2, 2008 5:22 PM link

Why attack the girlfriend? I know she had nothing to do with it.
And as far as insanity being a viable defence in RI, your joking right? Look back at history. In this state most people who used insanity and won spent more time in an institution than if they had not, and in a capital case then end result would be the same. Life. I believe he was hoping the if he plead to it, he would get life with the chance at parole, he mentioned it several times in letters. Also, he did talk with his lawyer about pleading insane and was told it would never fly, at the time I did not know why, but I would now guess that the condom showed that it was premeditated.
I would suggest that if you wish to attack the murderer, have a ball, but there is no reason to attack the ex-girlfriend, she is a victim in this as well. Who cares if either of them were drinking or doing drugs, it has no bearing on this whatsoever.

JLane | May 5, 2008 12:41 PM link

I agree with the above post, R.I. really does have the insanity defense available. Every state is mandated to carry some form of this defense because there really are people who are insane.
I question people's motives when they post things such as the use of a condom, the use of alcohol, or the amount of time it took the father to call the police. Who cares about all this insignificant stuff? Are people so bored with their lives that they actually sit on these message boards and post this kind of garbage? I am amazed at the level of disrespect that is being shown to the families on this message board. Shame on all of you who blame anyone other than the defendant.

Vicky & Matt | May 5, 2008 4:17 PM link

I was so stunned when I heard what Josh had done to that little girl. I read an old post before that said his grandmother died--------oh my God! Josh loved his grandmother so much and she even let me stay with her for a while when I had no other place to go. I was gonna go to his trial because I havent seen his mother in ages but then the trial got cancelled. Sharon I am so sorry and I wish I could help you somehow. I should've stayed with Josh so that this little girl wouldn't have died and Josh wouldn't be in jail. I don't like what Josh has done but I could never hate him. Damn, he should have stopped the drugs and just came looking for me. I'm sorry Sharon.

Melissa | May 5, 2008 7:18 PM link

That girlfriend ain't no victim. The victims are the little girl, her family and Josh's family. The girlfriend is not family. How can anyone blame the families for what happened? The girl's parents and Josh's mother didn't do this crime so people should stop bad-mouthing them.

Melissa | May 6, 2008 1:55 PM link

First and foremost my heart goes out to Savannah's family and may God rest Savannah's soul. How could anyone blame Savannah's family for any of this? It breaks my heart to know that Josh took her life and we have to pay for that monster to eat and sleep for free. I am so against the death penalty but when it comes to children there should be an exception for that. A child can not defend themselves, it is our job to defend them and protect them not hurt them. I hope that Josh suffers in jail and I hope everybody in population in jail knows what he does and puts him through pain like he put that angel through pain. I am so saddened by this case, I guess there really is no justice. And another thing Josh did not plead guilty because he didn't want Savannah's family to have any more grief, are you serious, that family is going through so much grief and so many other families in the country are going through this grief when there are monsters like him still living. He thought he could plead insanity and get out of it. How selfish could you be. I am so disgusted. Once again I would like to send out my condolensces to Savannah's family and may you find peace some day. You are always in my prayers.

Lisa | May 12, 2008 6:09 PM link

Nobody is blaming his family, but on the other side of that coin, members of his family are going to great lengths to point the finger at everyone BUT Davis.
To say that the ex-girlfriend isn't a victim is absurd, she is now in the position of raising their 2 children without his participation. To attack her simply shows a lack of maturity or compasion. To assume that if he had "stayed" with you this would have somehow averted this horrible crime is a little self-centered, don't you think? The only person who could have stopped this was Davis. He planned it, thought it out, and implemented it. Judging by the evidence, this was not a crime of passion or insanity, he knew exactly what he was doing, (ex. using condoms). May he rot for all eternity and may his apologists wake up and see what a monster he is.

J.Lane | May 19, 2008 2:37 PM link

Would you be so kind as to BACK UP your allegations of Josh's family "going to great lengths to point the finger at everyone but Davis." As a close friend of one of the family members, I'd like to know who specifically you are referring to? Short of his mother, give us ONE other person in Josh's family that has tried to shift the blame onto someone else?
As for the girlfriend, it is my understanding that this girlfriend would be lost without Josh's family. THEY are the ones that have helped her consistently with her kids. Sorry, no compassion whatsoever for the girlfriend. She uses Josh's family for whatever she can get and then turns around and stabs them in the back. But they have their eyes open now and they are aware of her antics.
When all is said and done, the only person responsible for this crime is Josh. And, last I checked, he was being brought to justice for his wrongdoings. As I just said, give me ONE example of someone specific within Josh's family that has tried to shift the blame.

Me Again | May 19, 2008 4:21 PM link

Sure, His mother, as you stated, 1 of his Aunts, and one of his female cousins have all stated PUBLICLY "that it was not all his fault", they've blamed it on Mr. Smith, for giving Davis beer, on the system, for not dealing with Davis' mental issues when he was younger, and on other family members. Basically, anyone they can.
As far as the ex-girlfriend goes, I couldn't care less, but I do not think it's right to attack her as several people have. She had nothing to do with this. As to your assertion that she "uses Josh's family for whatever she can get and then turns around and stabs them in the back. But they have their eyes open now and they are aware of her antics." I would remind you that a person with one side of the story has only half the truth.
In closing, if you'd like to know specifically I am referring to, just think back to the first 6 months after this happend and who in that family said what, there was a lot of backstabbing in that family. But you knew that, right? You knew what Davis was saying in his letters, right?

J.Lane | May 20, 2008 12:21 PM link

Audrey and loser friends, we all know it is you who is disguised as "Jlane."

Faith | May 20, 2008 7:50 PM link

Actually, I've only ever met Audrey twice in my life. Your response would seem to be a very well thought out counter-point to my post. Let's not discuss the issue, let's just threaten, insult, and try to smear anyone whose opinion my be contrary to our own. Why don't we all just heap a whole bunch of blame on anyone we can think of, the girls family, the ex-girlfriend and her friends, the AG's office, the police, and so on. I bet we can even blame George Bush and Al-queda for what Davis did.

How pathetic that Davis' supporters resort to name calling and half-truths. I would suggest that you grow-up. At least you have the opportunity to, Savannah doesn't get that choice.

J.Lane | May 21, 2008 11:37 AM link

Jlane, are you not doing the same thing by telling half-truths and name calling? Don't be a hypocrit. I've read your posts and it is quite apparent that you are a supporter of this so-called girlfriend...why else would you get so damn defensive when someone mentions her?
Go back and read your posts--talk about the pot calling the kettle black. Hypocrit!!!!!!!!!! Hey, didn't the girlfriend live with Davis? Surely she saw some of his problems...gee, she must've "closed her eyes" to the problems too. Get off your soapbox already.

Vicky & Matt Genario | May 21, 2008 4:14 PM link

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