Prosecutor no longer seeking death penalty in 2022 J. Pfenny’s murder case

COLUMBIA, Mo. (KMIZ)

The prosecution is no longer seeking the death penalty for a man accused of shooting and killing two people in 2022 at a Jefferson City bar.

Damien Davis, 39, is charged in Cole County with two counts of first-degree murder, two counts of armed criminal action, two counts of unlawful use of a weapon and one count of illegal gun possession in the shooting death of 26-year-old Skylar Smock and 43-year-old Corey Thames on Nov. 26, 2022, at J. Pfenny's Sports Grill and Pub.

Cole County Prosecutor Locke Thompson filed a notice of intent to seek the death penalty in 2023. Court filings from Monday show Thompson is no longer trying for the death penalty after the defense agreed to pool a jury from Cole County and waived a venue change that would have put the trial in Platte County.

“Given the absence of capital charges inherent in the State’s death penalty waiver, agrees that said jury need not be sequestered and may return to their homes at the conclusion of each day’s proceeding,” the filing states.

According to previous reporting, investigators claimed Smock tried to break up a fight and remove Thames from the business when Davis started firing shots. Police say Davis admitted to firing shots at Thames but says he unintentionally shot Smock. Previous reporting indicates that Davis had said “I was saving my life" during his arraignment in November 2022.

Court documents claim Davis' statement to police that night did not match the evidence at the scene, including the location of shell casings or the video evidence captured by the bar's cameras.

He is being held at the Cole County Jail without bond. A pretrial conference is scheduled for 1:30 p.m. Monday, Feb. 1, 2027, while a jury trial is set for 9 a.m. Feb. 22-26.