A panel of Howard Circuit judges is considering reducing the prison sentence of Columbia man who is serving 60 years for killing his 2-year-old stepson.
Marcus Owens, 37, was convicted in June 2004 for the second-degree murder and child abuse of his stepson, Kevonte Davis.
Owens’ defense attorney asked Judges Richard Bernhardt, Lenore Gelfman and Louis Becker III on Friday to reduce the incarceration to 40 years in prison because the original sentence imposed was the maximum time allowed for each charge.
“I can’t say it’s an illegal sentence, but as a matter of reason, just because a child is involved doesn’t double the appropriate penalty,” said defense attorney Louis Willeman.
Prosecutor Mary Murphy opposed modifying the sentence, saying Owens has shown no remorse and his actions warrant the 60-year sentence.
“A 2-year-old lost his life at the hands of this man,” Murphy said.
“Not only did he harm the child, but he never called 911 or took the child to the hospital before [the child’s mother] came home.”
Family destroyed
Owens married Kenesha Davis in July 2003, and the couple lived in Columbia with their 9-month-old baby and Davis’ two children from a prior relationship.
Owens was unemployed and taking care of the children while Davis worked at a warehouse in Columbia.
Davis returned from work July 30, 2003, just two weeks after the marriage, and noticed Kevonte was foaming at the mouth and gasping for air, Murphy said.
He later died at Howard County General Hospital and the medical examiner said his death was caused by blunt force trauma, she said.
Owens initially blamed the injuries on Kevonte’s older brother who was 4 years old at the time and now suffers from post-traumatic stress from witnessing the incident, Murphy said.
Living in fear
Kenesha Davis wrote in a letter to the judges Friday that she lives in fear for her children’s safety every day as a result of Owens’ actions and that her youngest son doesn’t understand why he can’t see his brother Kevonte anymore.
Owens is serving his sentence at the Eastern Correctional Institution in Somerset County, where has obtained his high school diploma.
He unsuccessfully appealed his case because a juror revealed he was not a U.S. citizen.
The panel will issue a written decision regarding his sentence at a later date.
