Tuesday, November 25, 1997
Attorney answers lawsuit against Comanche County
By ROY A. JONES II
Regional Editor
COMANCHE - "In the guise of seeking 'truth'," the
family of former Comanche attorney Stephen Davis has lodged "very
serious and damaging allegations" in the $4-1/2 million lawsuit
it filed against Comanche County and three of its lawmen.
That's the opinion expressed by Bob Bass, the Austin attorney
representing Comanche County, Sheriff Billy Works, current Deputy
Sheriffs Mark Bergmark and James Purcell, and former Chief Deputy
Vernon Gaines.
Along with a copy of the answer to the lawsuit that he filed
on behalf of his clients in U.S. District Court in Fort Worth,
Bass mailed the Abilene Reporter-News a six-page letter commenting
on the case.
His clients have declined comment since the case was filed
earlier this month by another Austin attorney, Steve Gibbins,
on behalf of Davis' parents, Fred and Betty Davis, and his son,
Steven Daniel Davis. The relatives allege the lawmen beat Davis
to death on May 18, 1996, eight months before his skeleton was
found near Lake Proctor.
In the official answer to the suit, the defendants deny any
police misconduct. They also deny that Davis was subjected to
excessive force or illegal detention, or that he was beaten to
death - by the defendants or anyone else.
"While everyone naturally understands the grief associated
with the loss of a loved one, particularly under circumstances
which leave some degree of uncertainty, the litigation filed by
the Davis family is truly unfortunate," Bass said.
He added that "so much of what has been reported has been
one-sided, in my opinion, that I felt a public statement appropriate
..."
Bass said the allegations brought by the Davis family "are
without factual foundation."
"After consideration and evaluation by a justice of the
peace, a highly trained forensic pathology staff in Fort Worth,
a well-trained Texas Ranger, a duly elected district attorney,
and an independent Comanche County grand jury, absolutely no hint
of foul play has been developed," the attorney said. "The
'truth' of this matter is that the Davis family is unwilling to
accept the truth."
"We understand that they will always have questions about
this matter, and no doubt, they will never fully accept the truth
of what happened on May 17, 1996," Bass said.
"The 'truth' is that a very promising youth was wasted
due to chronic alcohol abuse," that Davis sought "solace
for his depression in a bottle," leading to multiple arrests
for driving while intoxicated, and that he ultimately hanged himself
so "he would never again have to suffer the indignity of
humiliating himself or his family by his own irresponsible conduct,"
Bass claimed.
"This lawsuit is yet another chapter in the tragic life
of Steve Davis. His death was no doubt a tragedy because it was
so unnecessary. But to attempt, by way to this suit, to shift
the blame for Steve Davis' death to the individual officers involved
in enforcing the laws that Steve Davis violated, or to Comanche
County, is simply wrong," he said.
"The 'truth' in this matter has been demonstrated time
and time again by every responsible authority vested with statutory
authority to conduct such investigations."
Bass said his clients have "properly refrained from public
comment on an ongoing investigation, even while wild and unsupported
innuendoes and inflammatory rhetoric has been heaped upon them
... by an uninformed public all too willing to assume the very
worst despite a total absence of credible evidence.
"There has been entirely too much gossip and coffee shop
rumor in this matter. If the purpose of this litigation is to
find the 'truth,' then so be it," he concluded.
In his 13-page answer to the plaintiff's lawsuit, Bass asks
that the suit be dismissed for lack of stating a viable claim.
It also gives a glimpse into the defendants' defense against the
charges brought by the Davis family.
At the time he was stopped for a traffic violation on May 17,
1996, Davis was accompanied by Katherine Renea Eoff, date of birth
Sept. 7, 1961, the defendants say. They say they are unable to
admit if that is the same person as Kathy Hargrove, named in the
Davis suit as the person accompanying him the night he disappeared.
They agree with the person, whatever her name, that Davis fled
on foot into dense woods, which the defendants claim was to avoid
another arrest.
Bass claims many of the plaintiffs' claims are "contrary
to known facts established by an exhaustive investigation by the
Texas Rangers and submitted for consideration to two grand juries,"
and requested that the plaintiffs and their attorney be sanctioned
for "deliberate and reckless mis-statement of known facts."
The alleged mis-statements, according to Bass, include:
-- That Davis "was allowed to drive away" from Bergmark
and Purcell after a traffic stop on Nov. 22, 1995. Bass said Davis
fled from the officers in violation of state law and that on April
18, 1996, he entered a no contest plea to the charge of evading
arrest as result of that incident.
-- That Bergmark and Purcell were not in "hot pursuit"
when they went to Davis home and arrested him a few minutes after
the traffic stop on Nov. 22, 1995. "This pursuit was in fact
immediate and a result of flight from lawful arrest," Bass
contends.
-- That Davis was not taken to the local hospital for "approximately
two hours" after he was arrested at his home on Nov. 22.
Sheriff's records reflect he was stopped at 9:16 p.m., arrested
at his home at 9:23 p.m., and taken to the Comanche hospital at
9:52 p.m., Bass said.
-- That Davis was severely beaten by Purcell and Gaines after
he was stopped again near Lake Proctor about 11:30 p.m. on May
17, 1996, and that the beating caused his death. The forensic
examination on Davis' remains - not found until Feb. 6 - revealed
"no signs of perimortem trauma ... no signs of foul play,"
Bass said.
-- That broken bones and teeth were attributable to a beating
at the hands of one or more defendants. Again, Bass said, the
forensic evidence indicated the only broken bone was a long-healed
rib. While noting several teeth are missing from the remains,
the forensic report said such damage was caused by scavenging
animals and by fire.
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Copyright ©1997,
Abilene Reporter-News / Texnews / E.W. Scripps Publications
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