Low-IQ defendant takes a plea deal

The attorney called his client a ‘follower’ of two others.

By ED RUNYAN

VINDICATOR STAFF WRITER

YOUNGSTOWN — A city man whose IQ placed him in the category of borderline mentally retarded has accepted a plea agreement that will send him to prison for at least 20 years.

Jimmie Davenport, 30, of Kensington Avenue, pleaded guilty Tuesday to murder, burglary and a firearm specification for killing James Rowles, 66, at his Trussit Avenue home Aug. 9, 2005.

Police say Davenport and two other men went to the home to commit a burglary, but Davenport killed the homeowner by shooting him in the head while the burglary was taking place.

The plea agreement reached by Robert Andrews, assistant Mahoning County prosecutor, and Lou DeFabio, Davenport’s attorney, calls for a 20-year-to-life sentence.

He will be sentenced by Judge Maureen A. Sweeney of common pleas court at 10 a.m. Feb. 13 so that family members of the victim have time to travel to Youngstown for the hearing.

DeFabio said the case took 21⁄2 years to reach this point because Davenport was tested by three doctors to determine whether his IQ was high enough for him to be competent to stand trial.

DeFabio first sought to have Davenport’s intelligence tested Feb. 7, 2006. Judge Sweeney ruled him competent July 2, 2007, after the three evaluations were completed.

Both Andrews and DeFabio agreed the results indicated that Davenport was “borderline” mentally retarded but that he was able to understand the proceedings against him and was, therefore, competent to stand trial.

The American Psychological Association deems scores of between 66 and 70 to be borderline mental retardation, its Web site says.

Andrews said little is known about Rowles other than he apparently has no family in the area and that he kept to himself.

Frederick Rice, 31, of Ferndale Avenue, pleaded guilty to his role in the crime last year and received a sentence of 18 years to life in prison. He agreed to testify against Davenport. The third man charged in the case is James Huff, 23, of Trussit. His trial is set for March 4 before Judge Sweeney.

Andrews said Davenport, Huff and Rice admitted they went to the home to steal. After the burglary and killing, the men left, but two of them returned the next day to destroy evidence by burning the house and using bleach to wipe away fingerprints, police said.

Firefighters found Rowles’ body in the burned-out house.

Much of Rowles’ body and most of the house were destroyed by the fire, Andrews said.

DeFabio said he believes Davenport was a “follower” of one of the two other men, was told to hold a gun on Rowles and shot him by accident. He added Huff apparently planned the burglary because Huff lived near the victim. Davenport, on the other hand, didn’t know the victim and had no felony criminal record.

runyan@vindy.com