Man Sentenced For Killing EMT Mark Davis

[PFDRes47cue 653]

LOWVILLE — A Cape Vincent man was sentenced Friday to 16 years in state prison for killing an emergency medical technician responding to a call in January 2009.

Watertown Daily Times

[vin1230 8]

How did he get off with only 16 years?

[abaduck 123]

How did he get off with only 16 years?

From another site:

"The amended charge of manslaughter reflected that Burke had acted under influence of extreme emotional disturbance."

In common language, it appears the prosecution accepted that he was genuinely as crazy as a bedbug and not guilty of murder by reason of insanity. It's hard, but it happens. Given the circumstances of the crime I'm sure they would have tried for murder if they felt they had the slightest chance of making it stick.

Mike

[Guest alsfirefighter]

I have 2 trains of thought on this and not sure which battle of thoughts is the argument I would make if at a debate. As a Firefighter/Paramedic... I have to think to myself that if Mr. Davis were a law enforcment officer the shooter would have most likely under no certain terms been convicted of at least 2nd degree murder. So if that is the case why wouldn't another emergency services provider be held at the same degree? My second thought as a regular person is...he was convicted of manslaughter not murder. 16 years is a pretty hefty regardless and it sounds like somewhere along the way it was believed that he was not in the right mindframe. He is doing time, paying a small amount of restitution and will pay his debt to society as outlined by our justice system. It does sound from the words he used that he genuinely feels remorse for what he did instead of just the standard "I regret what I did."

[PFDRes47cue 653]

I also do not understand how he only got 16 years!?!?!

I read another article today about a 20 year old brother who was roughhousing with his 18 year old brother. The roughhousing got out of hand and the 20 year old ended up killing the 18 year old. The 20 year old got sentenced 18 years to life in state prison. This case is obviously different but...come on only 16 years???

Michael J. Booker, 20, had pleaded guilty Jan. 28 to second-degree murder in connection with the Aug. 10 death of Nathaniel A. Railing, 18, at their residence at 662 LeRay St.

Booker initially hid his brother’s body in the home’s backyard, but called county dispatchers on Aug. 12 telling them his brother was dead and that he “had hurt him.”

Watertown Daily Times

[Goose 188]

I have 2 trains of thought on this and not sure which battle of thoughts is the argument I would make if at a debate. As a Firefighter/Paramedic... I have to think to myself that if Mr. Davis were a law enforcment officer the shooter would have most likely under no certain terms been convicted of at least 2nd degree murder. So if that is the case why wouldn't another emergency services provider be held at the same degree? My second thought as a regular person is...he was convicted of manslaughter not murder. 16 years is a pretty hefty regardless and it sounds like somewhere along the way it was believed that he was not in the right mindframe. He is doing time, paying a small amount of restitution and will pay his debt to society as outlined by our justice system. It does sound from the words he used that he genuinely feels remorse for what he did instead of just the standard "I regret what I did."

Interesting way of looking at it. It does appear he has genuine remorse for his conduct that night and surely any sort of time in state prison is no vacation. But it still bothers me that (like you mentioned) if this was a law enforcement officer 1) it would have attained far more press and 2) he would have been convicted of a higher degree criminal act and would undoubtably be serving far more time. Couple that with the likelihood that the Davis family received little (when compared to the death benefits offered to police officers and firefighters) in the way of compensation for their loss, i can't help but feel upset about the outcome.

God bless Mark Davis for his selfless sacrifice in his valiant attempt to help a fellow man. Rest easy brother and least we forget what you gave at such a young age.

Edited April 28, 2011 by Goose