DAYTON, Ohio (WDTN) – A 27-year-old Miamisburg man convicted of double homicide was sentenced to an additional three years in prison.
Prosecuting Attorney Mat Heck, Jr. announced Tuesday that James A. Davison was sentenced to an additional three years in prison, for a total of 51 years to life, after a 2nd District Court of Appeals ruling.
Heck said that Davison was accused of firing 17-21 rounds from a .40 caliber handgun into a pickup truck holding four occupants after leaving Rick’s Jazz Club on Lakeview Avenue in the early morning hours of Saturday, April 21, 2018.
The driver of the pickup, 29-year-old Darion L. Harris, and the front seat passenger, 28-year-old Ashley M. James, were both killed in the incident. The two passengers in the back seat were not injured. The incident was captured by the club’s surveillance video.
On September 27, 2019, after a trial, the jury found Davison guilty on:
- One count of Aggravated Murder
- One count of Murder
- Two counts of Felonious Assault
- One count of Discharge of a Firearm At or Near Prohibited Premises
- One count of Improper Handling of a Firearm in a Motor Vehicle
- One count of Tampering With Evidence
All of the counts except for Improper Handling of a Firearm in a Motor Vehicle and Tampering With Evidence include 3‐year and 5‐year firearm specifications because Davison fired the shots from a vehicle, according to Prosecutor Heck.
On October 15, 2019, the trial court sentenced Davison to a total of 48 years to life in prison. Heck said he appealed the trial court’s sentence, arguing that the court erred in merging the counts of Aggravated Murder and Discharge of a Firearm At or Near Prohibited Premises.
The 2nd District Court of Appeals ruled that the counts should not have been merged for purposes of sentencing and remanded the case back to the trial court to impose the correct sentence.