Tommy Joe Davis III, 32, of Cape Girardeau argued with Judge Michael Gardner on Friday and dumped his lawyer during a pretrial hearing in Davis’ case for first-degree assault and armed criminal action.
Davis is accused of shooting Christopher Watson in the stomach June 4, 2014.
Gardner granted Davis’ motion for lawyer Gordon Glaus to withdraw from the case. Glaus wrote in the motion Davis continued to file legal motions and draft correspondence that could potentially harm the case without Glaus’ consent, and Davis continued to act as his lawyer and make decisions about communication with witnesses without consulting Glaus.
Davis said he requested Glaus be taken off his case in August.
“I do not want this dude to represent me,” Davis said.
Gardner asked whether Davis wanted a public defender, considering Davis had a jury trial scheduled for March 7.
“I would like time to think about it,” Davis said. “I’ve filed motions on top of motions. ... I’ve been filing motions since August to relieve you as judge.”
Gardner told him the motion was denied.
“This is a violation of your oath by not following the law,” Davis said.
Gardner ordered Davis undergo a mental-health evaluation, rescheduled the next hearing to May 15 and appointed Davis a public defender, saying Davis could hire a different lawyer after the evaluation.
“I object to that here,” Davis said of the evaluation. “There’s nothing wrong with me mentally; I just want to know what’s going on. ... I don’t accept a public defender at this time. I object.”
Motions to suppress evidence, a change of venue and bond reduction (set at $250,000 cash) were denied by Gardner. Patrick McMenamin and Amanda Altman were lawyers for Davis before Glaus was hired.
Davis wrote 12 letters to the court filed in December. A six-page letter from Dec. 23 states Davis is a Moor American National, and thus he is obligated to enforce “The Treaty of Peace and Friendship of 1787.” The letter states based on Article III of the Constitution, the 32nd District does not have the authority to try his case and only “the ONE Supreme Court” holds the authority.
“If I’m continually disrespected after this, I have no choice but to file suits against all parties involved,” Davis wrote.
Davis has a pending civil case in federal court, although no court dates have been scheduled.
The U.S. District Court Eastern District of Missouri accepted Davis’ handwritten petition for habeas corpus and bond reduction Jan. 30, 2015. Assistant attorney general Caroline Coulter filed a response to Davis on behalf of the Missouri Attorney General’s Office and Cape Girardeau County Sheriff John Jordan on Aug. 7, 2015.
“This court should dismiss Davis’ petition because he has not exhausted his state court remedies,” Coulter wrote.
Davis was accused of shooting Watson in the stomach, according to a probable-cause statement filed in the case by a Cape Girardeau police officer.
One witness said Davis, Watson and Davis’ girlfriend may have been involved in a love triangle, leading to animosity, according to the statement.
Davis told police he wanted to retrieve property from a house where Watson lives and where his girlfriend briefly had resided, according to the statement. Davis said he would “do whatever it takes” to get his property back,” according to the statement.
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