Commonwealth v. Davis; 37 Year Old Victim Injured For Life By Gunshot To Head; Judge Sentences Shooter to Serve 18 Years

Release Date: Tuesday, June 2, 2009 5 p.m.

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Joseph Paul Davis, 24 years old, previously residing in the 800 block of Queen Elizabeth Drive, Virginia Beach, Virginia, was sentenced today by Circuit Court Judge William R. O’Brien on one (1) count of Aggravated Malicious Wounding, one (1) count of Use of a Firearm in the Commission of a Felony, one (1) count of Possession of a Firearm by a Convicted Felon and two (2) counts of Assault and Battery of a Law Enforcement Officer. Judge O’Brien sentenced the defendant to serve thirty (30) years in the Virginia Department of Corrections. Twelve (12) years of the sentence was suspended, leaving Davis with eighteen (18) years active time to serve.

The Commonwealth’s evidence at trial proved that Davis shot the victim, Julian Lee Perry, in retaliation for having mentioned Davis’ name during a rape investigation. Davis had gone to Mr. Perry’s home and asked to speak to him outside. When Mr. Perry went outside to speak with the defendant, Davis confronted Mr. Perry about giving his name to the police during an investigation of a rape. Mr. Perry then turned to go into his home and was shot in the head by Davis.

The defendant had previously pled guilty to assaulting a law enforcement officer on two (2) separate occasions. On June 10, 2006, Davis assaulted a police officer while being taken into custody on the Aggravated Malicious Wounding charge. On December 9, 2006, Davis assaulted a Virginia Beach Sheriff’s Deputy while in custody at the Virginia Beach Correctional Center.

As a result of the shooting, Mr. Perry has suffered permanent, life altering injuries, which prevent him from working. Davis had an extensive criminal record, dating back to 1997, both as a juvenile and as an adult. “This sentence was less than the 23 years and 5 months high end of the Sentencing Guidelines, and far less than the sentence we asked for” Bryant said. The statutory maximum for aggravated malicious wounding is life, with a minimum sentence of 20 years.

The case was prosecuted by Deputy Commonwealth’s Attorney Patrick J. Connolly. Please call Amanda Herman at (757) 385-8641, if additional information is desired.

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