James J. Davis, who goes by Jim, is a 46-year-old resident of Palm Coast and former cop with the Flagler Beach Police Department and, from 1996 until recently, with the Ormond Beach Police Department.
On Thursday, Davis pleaded guilty to a count of battery against a child and was sentenced to a year’s probation by Circuit Judge J. David Walsh. The charge was reduced in the plea agreement from two initial charges of lewd or lascivious molestation of a 14-year-old girl in two two incidents on Dec. 29 and 30 last year. The plea agreement reduced the charges from felonies to a first-degree misdemeanor and, aside from ensuring that Davis would not spend time in jail, also ensured that he would not be branded a sex offender.
“Please take your hands out of your pockets,” Walsh told Davis as Davis stood before the judge during the plea. “It makes me a little nervous, OK? Thank you.”
A condition of Davis’s probation is that he must undergo a psycho-sexual evaluation and a substance abuse evaluation, followed by any recommended treatment, no contact with the victim or her mother, and he must agree to amend a current injunction so that the victim and her mother can leave the home they’re living in by July 1 instead of by May 1, and to himself have no further contact with either until further order of the court. He was also to pay $675 in fees.
When the victim looked for Davis a while later to see what he was doing, she said he pulled her to his lap and attempted to kiss her on the mouth. The victim was able to get away and go to another section of the house. But she later fell asleep in front of the TV in the living room. She was woken up, she told the protection team, by feeling Davis lying behind her, putting his arm around her, and cupping her breasts. She continually told Davis to stop, but she says he kissed her on the back, put his hand into the back of her pants to touch her bare buttocks, and repeatedly said, “I just want to make you feel good, baby.” The victim wiggled away from him, freed herself, locked herself in the bathroom and showered.
She then heard the door unlock and, as she screamed, saw Davis standing there, holding a door lock hey and saying, “We just wanted to say hi.” She kept screaming, causing Davis to leave the bathroom. She got out of the shower and locked the door again. She eventually locked herself in her bedroom until she heard her mother’s knock.
For Davis, it was the latest in a series of issues that have upended his life.
Sixteen months ago, toward the end of his employment with the Ormond Beach Police Department, he faced an internal affairs investigation centering on several allegations. Those included cases of unreported domestic violence–he was married to a corporal with the Flagler County Sheriff’s Office who still works there–the misuse of his police ID while drinking alcohol, threatening his son with arrest (a conflict of interest, under department policy), lying to his superiors about an extra-marital affair (with, as it turns out, the mother of the victim in the child battery case), and several other allegations. Some of the issues of domestic violence dated back to 2010.
More than two dozen witnesses were interviewed for the investigation, including colleagues of the Flagler sheriff’s deputy, who described knowing of the abrasive relationship–in one case, a domestic violence report was filed, but no charges followed–but also described Davis’s wife’s reluctance to pursue criminal charges. Sustaining numerous allegations, the investigation found Davis to have violated several department policies, failed to follow orders, was guilty of conduct unbecoming an officer, and untruthfulness.
The Ormond Beach Police Department fired Davis effective Jan. 13, 2014.
The Truth says
Can someone please tell me why this disgusting piece of … isn’t classified as a sex offender?
Aqua an says
This guy got special treatment. Or so it appears.
The Truth says
He definitely got special treatment. He inappropriately touched a 14 year old girl and he’s not registering as a sex offender and he’s getting one year probation? That’s pathetic.
A.S.F. says
When people like this are let off easy, they continue to commit criminal acts. Just wait for it.
Retired FF says
And he only got probation? Again the State Attorneys office allows a creep to get away with a light sentence. What has his actions done to this young girl? He needed to be sent to jail!
Linda says
You have got to be kidding me! Special treatment – no question.
One Flagler teacher who had a couple of inappropriate acts with a student got six years in prison (homosexual). Another had an ongoing relationship with a female student, even having her to his home, got a year’s probation. Now this creep gets essentially nothing.
It’s obvious that there is a pattern here – where they can find something for favoritism, then they dole it out. If it’s something they don’t like, they increase the punishment.
Time for the state legislature to pass some law to make certain sentences mandatory.
D. MacGilmore says
He gets a year of Probation and she gets a lifetime of nightmares. Where is the victim’s justice here?
a tiny manatee says
Man I really need to be a cop. Even a ex one when caught gets an almost nonexistent sentence, that favoritism must really be nice.
hello says
HE BASICALLY GOT AWAY WITH IT. BUT HE IS GOING TO HAVE A CHANCE TO LOOK AT HIS ACTIONS AND DECIDE (HOPEFULLY) THAT IT WAS VERY WRONG AND NEVER AGAIN THINK FOR A SECOND THAT SORT OF BEHAVIOR IS OKAY.
NortonSmitty says
Another fine example of Americas two-tiered (In)Justice system. One that is reasonable and tolerant for the rich and powerful and those who serve them and another closer to the Spanish Inquisition for you and me.
m&m says
He had to think it was wrong?? He’s a cop and can’t tell right from wrong. Give me a break..
Brian Curbow says
It is a shame the girl’s mother did not treat him in the same manner as the father who walked in on the guy raping his son! We all know he will commit this horrible crime again. Hopefully the parents will act!
a tiny manatee says
Who was the prosecutor?
ryan says
This is what happens when there is no media pressure to ensure that child molesters are given harsh sentences. Media is supposed to bring enough attention to put pressure on the system to lock up guys like this. This isn’t just special treatment for cops, this happens more often than you would think. See what happens when the news is too busy with opinion and political stories? these stories pass right under our noses, you know, the important ones. if there was enough public scrutiny as there is in police shootings, there would be jail time.
TJ says
I can’t say if he got special privileges but it sure looks like it. This is a black eye for Flagler County’s justice system. This man is now free to work with children and assault any young child. As a child advocate this is insane at the very least he should have been charged with a felony and labeled a sex offender anyone who is not involved with law enforcement would have been. Does any mother, father, aunt, brother, sister etc want this man working with children? I would hope not.
Beaker says
To bad you all don’t know the truth!! About any of it. There is way more to the story and why he plead guilty. I am just saying all is not as it would seem!