Tooley guilty of manslaughter - WDRB 41 Louisville News

Tooley guilty of manslaughter

Davon Tooley has been found guilty of second-degree manslaughter and evidence tampering in the killing of 19-year-old Jerrell Vitt nearly four years ago. 

Tooley faces a total of fifteen years in those guilty verdicts.  The jury will decide on the exact sentence on Wednesday.

It is rare for a defense attorney to admit their client killed someone.  But during closing arguments on Tuesday, that's exactly what attorney Misty Clark did:  "We agree that in the early morning hours of January 2006, Davon shot and killed Jerrell Vitt."  She added, though, "However, that does not make him guilty of murder."

Clark said Davon Tooley shot and killed Jerrell Vitt in self-defense after Vitt and another man robbed him three days earlier:  "As Davon was held against the wall by fat 'Dre, Jerrell went in his pockets again and took his money. They took everything he had."

But when it was the prosecution's turn, assistant commonwealth's attorney Erin White called Tooley a cold blooded killer:  "He was angry and embarrassed that fat 'Dre kept robbing him...Davon Tooley killed Jerrell Vitt in cold blood. He is a murderer."

White says Tooley's number one motivation was revenge for the robbery, but that's not all.  "He did it for revenge, for street justice, for street cred -- whatever reason he did it, he's a murderer."  White even reminded jurors of what may have been Vitt's last words during the confrontation.  "When he fall, he was looking up at me and he said, 'Man, please don't kill me, man.'"

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