Man headed to prison for shooting man in legs

Day

A man was sentenced to prison Monday for shooting a man in both legs in February.

Kevin Day, 47, had pleaded guilty to aggravated battery with a deadly weapon enhancement in an agreement that involved him testifying in the murder trial of Melonie Smith. Smith was found guilty in October for shooting David Davis in the back of the head after Day shot him in the legs. A charge of accessory to murder against Day was dropped as part of the plea agreement.

During Smith’s trial, Day testified that he and Davis had a hostile relationship. The two had come to Smith’s house to use methamphetamine, and Day said a friend had warned that Davis wanted to kidnap Day’s dog for ransom.

“He showed up the minute I had showed up,” Day said during the trial. “I wasn’t sure it wasn’t some sort of setup or something.”

Day said he fled after shooting Davis, but contacted police after Smith called him saying she had “finished the job.”

Smith denied Day’s version of events, saying that after Davis was shot she helped him inside and bandaged his wounds. Smith testified that Day returned and used her rifle to shoot Davis through the back of the head.

Smith was arrested two days after the shooting when Guy Lopez called police to report Smith had asked him to help her dispose of the body and clean her home of evidence.

District Judge Darren Simpson sentenced Day to seven to 20 years in prison, with credit for 295 days already served. He also was fined $3,745.50


Reporter Johnathan Hogan can be reached at 208-542-6746.


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