A man is set to be executed Tuesday evening for raping and murdering his girlfriend's mother despite a recommendation by Oklahoma's pardon and parole board to commute his death sentence after he apologized.
Brian Darrell Davis is scheduled to die by lethal injection at the Oklahoma State Penitentiary in McAlester. The 39-year-old will be the third inmate to be executed by Oklahoma this year and the second in as many weeks.
Davis' confession and apology at a hearing before the pardon and parole board led them to vote 4-1 for a clemency recommendation. But Oklahoma Gov. Mary Fallin rejected that.
Davis was convicted in 2003 by a Kay County jury of first-degree murder and first-degree rape in the November 2001 death of his girlfriend's mother, 52-year-old Josephine Sanford. Davis was sentenced to death on the murder conviction and 100 years in prison for rape.
The victim's daughter, Stacey Sanford, discovered her mother dead in the Ponca City apartment she shared with Davis. Prosecutors said Josephine Sanford had six stab wounds, a broken jaw and marks around her neck. DNA evidence showed Davis had sex with the victim.
Davis' attorney, Jack Fisher, said in a statement Monday that justice was not being done in the case.
“There is no doubt Mr. Davis stabbed Jodie Davis six times. However, he only did so after he was attacked with a butcher knife,” Fisher said. “In 37 years I have never had a case where the district attorney claimed the defendant was lying because his testimony matched the evidence.”