Davis receives probation for role in McCormick's murder

Amber Davis, 39 of Sidney, was sentenced to 18 months probation Friday, for obstruction and lying to a police officer, both misdemeanors.

Davis helped Jason Custer flee Sidney for Big Springs on Nov. 3, 2012 shortly after Custer shot and killed Adam McCormick. She then mislead police when first questioned about the crime.

A jury found Custer guilty of first degree murder earlier this month in Cheyenne County district court.

Custer came to Sidney in October 2012 to stay with Davis and her boyfriend, Billy Fields. A dispute over a $150 drug debt that Custer owed McCormick escalated into a heated text message battle in the weeks leading to McCormick’s death with Custer and Fields pitted against McCormick.

In March 2013 Davis pled no contest to the charges lodged against her.

“I understand, obviously the gravity of the underlying cause and understand there’s a lot of emotion,” said Tylor Pettit, representing the defense.

Pettit urged the court to consider only his client’s actions in the case when ordering a sentence and not the actions of others involved in the events surrounding McCormick’s death. Pettit praised his client’s good worth ethic.

Davis is full time nursing student who also works a full time job caring for the elderly, he said. Davis is the sole caregiver for five children, three of her own and three foster children, Pettit told those in the courtroom.

“She does have a problem with drugs and alcohol,” he said.

Davis has attended counseling for her substance abuse issues for the past 15 months. He urged the court to consider her history and character.

“She’s someone that respects the values and norms in society,” Pettit said.

He opined that Davis would be better served if she received treatment and continued counseling outside of incarceration.

“Her action in this case certainly didn’t threaten any serious harm,” Pettit said.

His client was not aware that Custer had shot and killed McCormick when she gave him a ride out of town, he said. At first, Davis did provide false information to police, Pettit admitted but soon agreed to cooperate and testified for the prosecution in Custer’s trial.

He emphasized how the impact of imprisonment would affect Davis’s family, especially those who depend on her for care.

“If she goes to prison or jail, you’re gonna have five children basically without means of support,” Pettit said.

He asked the court to give his client probation.

David Wilson, representing the prosecution asked the court to remember the event that brought everyone to court Friday, the murder of Adam McCormick.

“It didn’t just start when Mr. Custer shot Adam McCormick,” Wilson said.

Although Davis claimed that she wasn’t aware that Custer had shot McCormick when she assisted him in fleeing town, Wilson questioned whether or not that was true.

“When she was questioned by police she lied to them, she lied more than once,” Wilson said.

He recommended the court consider incarceration.

“These cases are really hard for judges,” said county court judge for district 12, Russell Harford.

When someone with no record commits a minor offense, it makes an easy decision for a judge, he said. Alternatively, when someone with an extensive record commits a major offense, it doesn’t make for a difficult decision either. Davis’s sentencing on Friday was neither of those, he said.

Davis’s only past offenses included a parking ticket and a seatbelt violation.

“She doesn’t have much of a record, but she did something really bad,” Harford said.

Despite the charges against her, there were many factors weighing in Davis’s favor when it came to sentencing, he told the court. Davis pled no contest to the charges against her.

“She came in and admitted what she did was wrong,” Harford said.

Davis also testified in the case against Custer, possibly assisting in his conviction. She’s currently attending Alcoholics Anonymous meetings.

Harford informed the court that despite popular belief that probation is a slap on the wrist, this isn’t true.

“Probation isn’t easy,” Harford said. “There’s consequences if you mess up on probation.”

He added that if Davis made mistakes while on probation and her case came before him he would give her the maximum sentence as a consequence of her actions. He added that her circumstances, especially the fact that she’s the primary provider for five children make her a good candidate for probation.

“This is probably not one of their proudest moments of their mom,” Harford said.

He added that he hoped this fact alone would be significant punishment for Davis.

In addition to 18 months on probation, Davis was ordered to attend two AA meetings per week and to stay out of bars and liquor stores. She will also be subject to testing for drugs and alcohol and was ordered to continue counseling. Davis was ordered to wear an alcohol monitoring device for the first 90 days of her probation.

As incentive for Davis to follow the stipulations of her probation, Harford ordered Davis to serve the last 90 days of her probation in jail, unless the probation office asked the court to waive that sentence for excellent behavior. If the probation office chooses not to waive this jail time, then Davis’s five children will be without a mother for 90 days, he reminded the court.

Davis was also ordered to have no contact with Jaclyn Durk, the mother of one of McCormick’s children.

“Good luck with your probation, I hope you do well,” Harford said.