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Tuesday, April 22, 1997

Grand jury concludes no criminal activity involved

By LORETTA FULTON

Regional Editor

COMANCHE - A grand jury investigating the death of 38-year-old Stephen Davis, whose remains were found Feb. 6, concluded that no criminal activity was involved.

The grand jury began meeting April 14 and finished Friday, returning 12 indictments on other cases as well as hearing evidence in the Davis case.

On Monday, jury foreman Elton McDonald issued a statement that said, "We have concluded there is a lack of evidence to find that probable cause exists to believe that any criminal activity surrounded the disappearance and death of Stephen Franklin Davis."

None of Davis' family or attorneys could be reached Monday. However, one attorney, Keith Woodley of Comanche, implied previously that if the grand jury found no wrongdoing in Davis' death, further steps would be taken.

"We're always thinking," he said.

The family has been dissatisfied with the investigation from the beginning. Davis' death was ruled a "probable suicide by probable hanging."

The grand jury heard 41 witnesses over three days last week and considered evidence from law enforcement officers and the Davis family.

The grand jury left open the possibility of further investigation.

"If, in the future, other evidence is developed and presented to us, we will consider such evidence," McDonald wrote in his report.

The Davis family previously presented 220th District Attorney B.J. Shepherd with a petition bearing more than 3,000 signatures requesting an outside investigator but Shepherd refused.

Davis' remains were found near Lake Proctor on Feb. 6, nine months after the former Comanche attorney disappeared. The last time he was seen alive, on May 18, 1996, he fled from one or more deputies as he was being questioned for allegedly running a stop sign, according to Sheriff Billy Works.

In November 1995, six months before his disappearance, Davis was beaten by two Comanche County deputies after he allegedly fled from them during an interrogation, according to the sheriff's department.

After that incident, the case was taken to a grand jury but no action resulted.

(Correspondent Suzanne Gaines contributed to this report.)

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