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NewsFebruary 15, 2004

After a brutal session of slaps, punches, body slams and binge drinking, Michael Davis was finally brought to his knees by a kick to the chest at the track and field complex at Southeast Missouri State University on Feb. 14, 1994. Less than 12 hours later, he died in his bed at his apartment of internal bleeding. Ultimately, 16 young men associated with Kappa Alpha Psi, a black fraternity, faced accusations of hazing. Seven of them were also charged with involuntary manslaughter...

After a brutal session of slaps, punches, body slams and binge drinking, Michael Davis was finally brought to his knees by a kick to the chest at the track and field complex at Southeast Missouri State University on Feb. 14, 1994.

Less than 12 hours later, he died in his bed at his apartment of internal bleeding. Ultimately, 16 young men associated with Kappa Alpha Psi, a black fraternity, faced accusations of hazing. Seven of them were also charged with involuntary manslaughter.

The case not only caused Kappa Alpha Psi to be banned from Southeast but also upheld the constitutionality of Missouri's anti-hazing statute and prompted later legislative changes elevating serious hazing incidents to felonies.

"We got a law passed," said the victim's mother, Edith Davis. "I feel pretty good about that."

Fraternity members testified that they drove Davis to his apartment after he collapsed during the hazing sometime during the evening of Feb. 14. Two pledges were assigned to watch him.

One called a fraternity member about noon the next day when Davis began throwing up. The fraternity member, Carlos Turner, called 911 from Davis' apartment. Davis was pronounced dead at 2:12 p.m. at St. Francis Medical Center.

Turner later confessed that he later removed Davis' muddy clothing and fraternity paraphernalia from the apartment, putting the items in a trash bag behind the building.

Lied to authorities

Fraternity members initially lied to authorities about his bruises, saying Davis had been hurt in a football game. But they later confessed to police about what happened the previous night and the nights before.

Davis' autopsy revealed fractured ribs, a torn right lung and liver, a lacerated kidney and hemorrhaging up and down his spine. His heart was bruised and bleeding.

After the preliminary hearings, Prosecuting Attorney Morley Swingle offered the seven men with the more serious charges a deal: Plead guilty to involuntary manslaughter and one count of hazing and he'd recommend 30 days in jail for hazing and probation for manslaughter. Conditions included community service geared toward deterring hazing.

The offer had a one-month deadline. Only three defendants -- Carlos Turner, Mikel Giles and Cedric Murphy -- took Swingle up on the offer in time and were sentenced accordingly.

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Chapter president Lammoire Taylor instead chose a jury trial in St. Louis on a change of venue. The jury found him guilty of involuntary manslaughter and five counts of hazing -- one for each pledge abused. The judge granted probation for manslaughter but imposed a six-month sentence on each hazing count, with two sentences to run consecutively for a total incarceration of one year.

One defendant charged only with hazing also had a jury trial in St. Louis. Keith L. Allen was found guilty of five counts of hazing. The judge ordered six months in jail on each count, with three sentences to run consecutively, for a total of 18 months behind bars.

Conviction upheld

Allen appealed his conviction to the Missouri Supreme Court, arguing the state's anti-hazing statute was "vague" in wording. But the high court disagreed and upheld the conviction.

Shortly after the guilty verdicts of Taylor and Allen, the remaining defendants pleaded guilty. The plea offer, however, was no longer on the table, Swingle said.

Vincent L. King was sentenced to five years in prison for manslaughter, but the judge released him after he served 120 days of "shock time." The judge also sentenced him to a year in jail for hazing but suspended the sentence and ordered probation.

Michael Q. Williams served 90 days in jail for hazing and received probation for manslaughter. His probation was later revoked for unrelated reasons and he was sent to prison Jan. 24, 2000, Swingle said.

Isaac Simms III pleaded guilty and served 30 days in jail for hazing and was placed on probation for manslaughter.

Eight other members of the fraternity pleaded guilty to misdemeanor hazing and received sentences ranging from 30 days in county jail to probation.

"I still think they got off lenient," Edith Davis said. "But I'm Mike's mother. They weren't kids. They were young adults. They knew right from wrong."

mwells@semissourian.com

335-6611, extension 160

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