Steuben jury finds oakes guilty of manslaughter
By John Zick The Leader

BATH - A Steuben County jury Friday found accused murderer Martin Oakes guilty of first degreemanslaughter for the killing of Daniel Larrow Davis in Bath on Dec. 5, 2005.

Oakes was found not-guilty of second-degree murder, the most serious charge handed up earlier this year by a grand jury.

The manslaughter conviction carries a jail sentence between five and 25 years, according to Assistant District Attorney Travis Berry. Oakes will be sentencved at a later date.

The murder case against Bath resident Martin Oakes went to the jury Thursday afternoon. The jury was given the case around 3:30 p.m., then approximately two hours later asked Judge Peter Bradstreet to recess court for the evening. The judge instructed jurors to return to court at 9:30 a.m. Friday.

After more than two days of calling witnesses and presenting evidence, the prosecution rested its case Thursday morning. The defense, which didn't call any witnesses, rested a short time later.

The case against Oakes hinged on one important element, according to the prosecution and defense.

Did Oakes intend to kill Davis?

During the week, the prosecution told jurors that Oakes, despite drinking alcohol the day of the murder, intended to kill Davis when he plunged a knife into the 46-year-old's chest.

"(Davis) did not deserve to die," Assistant District Attorney Travis Barry said during closing statements. "Still today he deserves the protection of the law."

The defense, however, argued Oakes was too drunk to form the intent to kill and therefore should not be convicted of murder. According to witnesses, Oakes spent the entire day drinking before Davis was stabbed.

"This case is all about intent," defense attorney Thomas Stahr said. "His conduct was not intentional. The most he did was commit manslaughter in the second degree. Nothing more, nothing less."

The defense never denied the fact Oakes was responsible for Davis' death, although Stahr furiously defended Oakes as a lifelong alcoholic who made a life-changing mistake.

"A case of beer a day was not uncommon for him," Stahr said.

The prosecution told jurors that being drunk was not a justified defense for killing Davis, and Sr. Inv. Rick Kemp testified Thursday that Oakes may not have been "obliterated," as some witnesses said.

"I don't believe he was intoxicated," said Kemp, who added he did smell alcohol when he interviewed Oakes after the killing.

Barry even read a portion of a voluntary statement Oakes gave police in which Oakes stated he was not drunk.

Oakes had faced 25 years to life in prison if convicted of the murder charge.