Davis gets probation in battery case

By ROBERT JAMES

Managing Editor

Brian Todd Davis, 21, was sentenced Wednesday to 20 days in the Boundary County Jail's labor program and two years informal probation after pleading guilty Friday to misdemeanor battery.

Davis originally faced a felony battery charge that carried up to 15 years in prison, but halfway through his preliminary hearing Friday, prosecutor Jack Douglas and defense counsel Bryce Powell met with judge Debra Heise and then agreed on a plea deal.

The case stems from an incident July 27 during a party on Katka Mountain. Seventeen-year-old Ilaura Fleck suffered first- and second-degree burns on her leg, ankle and elbow after Davis dropped her into a campfire.

When the plea was announced Friday, Fleck broke down in tears. She had just finished testifying about Davis' actions that night. She testified that Davis told her that "Jews burn" and then picked her up and carried her over to the fire and dropped her in.

Fleck, who is not Jewish, was with friends talking with Davis just before he made the comment and she ended up in the fire.

An eyewitness testified during the preliminary hearing that Davis had to carry Fleck ten feet over to the fire.

Many people believed the incident was a hate crime, particularly based on the alleged "Jews burn" statement. The judge, however, did not agree.

"This is not a hate crime," Heise said during sentencing. "The words used here are hate-filled. It's important to note that the injection of religion was by Ms. Fleck."

Heise called the victim by the wrong first name throughout the hearing and got the defendant's name wrong on a few occasions as well, witnesses said.

Fleck did not agree with the plea agreement Friday.

"I just feel like justice wasn't served," she said. "I feel violated, not safe. When you're actually hurt, they don't do anything about it because 'boys will be boys.' It makes me feel like human rights aren't important in this county. I guess it's not that big of a deal to this county to keep its citizens safe."

Douglas told the court that it would be a long time, if ever, for Fleck to trust people again.

Another eyewitness testified during sentencing that he saw Davis set Fleck down near, but not in the fire. This contradicted the testimony of two eyewitnesses Friday.

Jacque Desmerais, who admitted to having consumed three beers at the time, said he believed Davis' actions were a joke and that it did not look like he threw her in the fire.

At the preliminary hearing, however, Brittany Winey testified that she saw Davis pick Fleck up and drop her in the fire and that she heard Davis say that he had "catapulted" Ilaura into the fire. Winey had not been drinking.

Davis will have to pay restitution and attend 10 hours of counseling as part of his sentence.

"I think it's fair that you do some jail time," Fleck told the defendant from the stand. "I want justice."