Here’s how long 2 people who killed a man with a baseball bat will serve behind bars
Two people will spend more than a decade in prison for manslaughter after killing a man with a baseball bat.
On Monday, Diane Durkin pleaded guilty to voluntary manslaughter for killing Roy Davis in July 2016. She pleaded following a week-long trial, but before the jury started its deliberations.
Her co-defendant, James Rosenbaum, let a jury decide his fate and late Monday it too found him guilty of voluntary manslaughter.
Both were sentenced to 15 years in prison. They faced charges of murder and life behind bars.
Both Durkin and Rosenbaum were charged in connection to killing Davis with a baseball bat. Most of the attack is heard on a 911 call. The state contended that Durkin and Rosenbaum lured Davis to their mobile home. Rosenbaum was jealous over an affair between Durkin and Davis, the state said.
Rosenbaum and Durkin said Davis was trying to sexually assault Durkin.
Durkin pleaded with the Alford caveat. That is when defendants will plead guilty to a charge to avoid possible stiffer penalties if found guilty. Durkin spoke briefly, apologized and said she didn’t mean to kill.
“I’m sorry this happened,” Durkin said. “I wish I could take it back.”
Rosenbaum also told the Davis family he was sorry for what happened, “Had I known things were different, it would have never taken place.”
Betty Davis, Roy’s sister, spoke before Durkin was sentenced and said nobody had the right to end Roy Davis’ life. Roy begged and cried for his life in his final moments, Betty Davis said.
Davis was trustworthy and wasn’t a stranger to anyone he met, Betty Davis said. Often known by his “cool Roy” nickname, the family lost a brother and an uncle.
“The last two years have been a struggle,” his sister said. “The pain doesn’t go away.”
After the verdict, James Rosenbaum spoke to members of the Davis family and said he was sorry for their loss. He added he didn’t think the case was murder, but knew there would be some punishment for Roy Davis’ death. Betty Davis and Rosenbaum’s father then exchanged a tearful hug.
Betty Davis said she felt sorry that James Rosenbaum put his family though the ordeal and the Davis family knows it was not Rosenbaum’s parents fault.
‘They are going to get to see their son again, we’re not going to see Roy anymore,” Betty Davis said.
The Davis family hoped Durkin and Rosenbaum would be convicted of murder, but understood that 15 years in prison was better than walking free.
“They got some time, but not time we wished for,” Betty Davis said, “but they are not getting off.”
This story was originally published December 10, 2018 at 12:07 PM.
