Davontae Sanford was only 14 on September 17, 2007, when about thirty gunshots exploded in a rumored dope house on Detroit's east side. During the next couple of days, Sanford went from being a potential witness to a prime suspect in the shooting, which left four dead and one seriously wounded. Now 16, he languishes in prison, doing hard time at the Thumb Correctional Facility.
There are those who believe Sanford is innocent. His fate rests in part with a dogged appellate defender. a self-described hit man, and a retired police officer.
Sanford's incarceration stems from a confession and subsequent guilty plea, which lawyer Kim McGinnis of the State Appellate Defenders' Office (SADO) is working to set aside. Though the original bench trial did not feature an alibi defense, William Rice, a retired Detroit Police Commander and veteran of 25 years on the force testified on October 28 that Sanford was with him at a family member's house when the killings occurred.
"He was with me at the time the alleged crime took place," Rice testified before Wayne County Circuit Judge Brian Sullivan. While the murders happened at about 11:30 PM, Rice testified that he didn't leave the relative's house until 11:45 to drive Sanford back home. Rice described Sanford as a "foster or step-nephew" who he had known for over 10 years.
The prosecutor at that hearing, far more used to having police officers be 'friendly' witnesses, was dubious about Rice's testimony, even asking the ex-cop if he was familiar with the penalties for perjury. After all, if Rice and Sanford were close, where was Rice during the initial bench trial? Why did he wait so long to come forward, and why wasn't the relatve produced to give corroborating testimony? If McGinnis does win a new trial for her client, these are questions a jury would consider in evaluating Rice's credibility.
Rice is a gamble for another reason. The more cogent theory of innocence is that the crime was commited by hit man Vincent Smothers and an accomplice (Smothers confessed to the same, and did not name Sanford), and that Sanford, drawn by the sound of gunfire, entered the alleged dope house only after the criminal episode was over. That would explain how Sanford was able to sketch the crime scene for police, including the positions of the bodies, and might conceivably explain how gunshot residue was found on the clothing Sanford claimed to have worn that night. My research does not reveal whether such residue was found on Sanford's hands.
Rice's testimony undercuts this theory of innocence by making it less likely that Sanford could have arrived at the murder scene before the police, and thus makes the Sanford's crime scene sketch more difficult to explain.
Still, there is sound reason for McGinnis to try to break the guilty plea, because the confession that led to it is unsatisfying. Sanford was only 14, developmentally disabled, blind in one eye. He was questioned without an attorney, or even his mother, present, and seemed from the beginning over-eager to please the investigators. Since Sanford reads at a 3rd grade level, it is doubtful he could have read the confession the police wrote from his statements. The weapon Sanford claimed he used did not match the ballistic tests.
According to McGinnis the .45 automatic and AK-47 that were used were in Vincent Smother's arsenal, and the crime scene fits his M.O. Though guilty pleas are historically difficult to set aside, McGinnis, with the Smothers confession and the Rice testimony, may have raised enough doubt to get it done in this case.
Comments
FREE DAVONTAE SANFORD A INNOCENT CHILD.OUR CHILD NO JUSTICE NO PEACE 4 US.KEEP OUR FAMILY IN YOUR PRAYERS
he's just as guilty as the day hye walked up to the house and killed my friends and family. May he rot under the jail1
He knows who did it and that lying cop will commit perjury if he dares say that boy was with him. That trial was fair and justice was served. If Mr sanford wants to right his wrong he should start by letting the still grief stricken families feel at ease by locking up his accomplices. FREE MY COLD-HEART! I believe in God and forgave that boy numerous times but for him to act SO innocent is actually an insult to my intelliegence.
I will pray for both families. I feel that he is innocent and this happens far too often. If I was the victims family I would rather have justice and the right person in jail than a child that was just tricked into a confession. It makes me sick that this still happens today. The truth will come out and he will be free. May God bless both families! FREE DAVONTAE!!!!!!
If you have been doing your home work and reading the paper's Davontae Sanford is innocent Vicent Smothers commited the crime and don't even know that little boy Vicent Smothers lawyer has also amditted that the little boy is innocent why would a professional Hit-Man take a little boy with him their a god and and the truth is on it's way out soon and if this little boy wasn't innocent why do the news go to the court an admitted the police wrong doing this how this case came back up again because of vicent smothers lawyer know's Daviontae is innocent this special-ed boy was talk to without a lawyer or his mother present why wasnt their no gun power found on him no where why didn't the gun ballistic didn't match the gun he said he had why did the gun ballistic match all the killing Smothers did i know you be hurting for your loss but right is right and wrong is wrong do you think that police going to loss everything for this little boy what about the man across the street that a d.p.d c
What about the D.P.D.Chaplain across the street that testify in December that Davontae wasn't the little boy either why is people putting they career on the line for this little boy some people show's their they low education skill's when that aint even needed and may god still bless you we have faith in our god that why the case is moving in the direction we are praying for so reguardless how people feel every body got a right to their on opioion so so let jesus handle this he will have the last say in this are smpathy goes out to the families what if this was yall child you wouldnt feel like this am a supporter i have alot of websites set up for this family and and the support is overwhelming i don't approve of murder my brother and his wife was killed and the killer is still at large so i know how they feel why would a killer would walk up to the police the police corred this boy we know the system in Detroit and i hope the right killer's go to jail to give the family's closured
Am upset reading that a innocent boy should rotten in jail for a crime he didnt committ even Stevie Wonder can see the loop holes in this case the police is lying and corred this little boy they did the same thing to a guy i know some one know's him the one at the firework's and he was innocent you should want Vicent Smothers to rotten in hell not Davontae you should be wanting this boy to try to put this behind him and have a successfully life for him to be set free
Free Davontae Sanford No Justice NO Peace to the Sanford family you are in our prayers and so many heart's may God be with you give Peace,Love, Wisdom, and understanding and may God show you favor in this case and am prayin for Davontae stay strong reguardless what and how people feel that are upset at the wrong person be still pray for them and i was really amazed on that other site how you prayed for vicent smothers when he tryed to hang hisself coward
Why aint no-body paying attention to this case about this innocence little Boy who sitting in jail for nothing This system is sad Detroit Police system is sad am glad that i don't stay in that city theyre all corrupted
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!