Charged with Second Degree Felony

By Will Johnson
Messenger Reporter

CROCKETT – A Crockett man has been arrested for burglary with the intent to commit an assault after attacking his ex-wife’s boyfriend and leaving him bloody.

Dan Elbert Davis, 26, was taken into custody on Thursday, Sept. 13 and charged with the second degree felony stemming from an incident on Saturday, Sept. 8.

According to an affidavit of probable cause, Crockett Police Department Lt. Lonnie Lum was on patrol that Saturday when he was dispatched – at approximately 11:23 – to the Crockett Manor Apartments, apartment #14, in reference to a physical disturbance.

While enroute to the location, Lum reported he heard CPD Police Officer Frank McIntyre radio for medical assistance in regard to a head laceration on a male victim at the residence.

When Lum arrived at the scene, he was met by the female tenant of the apartment.

“(The tenant) explained to me (Lum) that she had recently – on Aug. 24 – just had her divorce finalized with her ex-husband Dan Elbert Davis. She said they were still civil with one another and he had recently called her from his work at 11:03 p.m. She told him she couldn’t talk, but would talk with him later,” the affidavit reported.

The probable cause document went on to say the female tenant had a friend over and they were in her bedroom when the call was received.

A short time later, the female tenant and her male friend heard a noise coming from the living room.

“Moments later, her bedroom door opened and she saw it was her ex-husband Dan Davis. (The female) said that Davis ‘didn’t like what he saw’ and he attacked (her male friend),” the legal document stated.

The two men began to fight as the female tried to pull Davis off of her male friend “… but was unable to and Davis pushed her away and continued to fight with (the male friend).”

The female tenant said she was going to call the police as the two men continued to fight from the bedroom and into the living room “… until Davis finally ran out the front door and got in his car and left,” the affidavit stated.

After Davis had exited the apartment, the tenant discovered an open window and speculated that was how Davis entered her apartment and was probably the noise she and her male friend had heard. She also pointed the law enforcement officials to a “sooty” footprint left by Davis and informed them Davis worked at Alloy Polymer in Latexo, where the soot likely came from, the affidavit indicated.

While speaking with the male friend, Lum observed “… he was wearing a bloody white t-shirt and he had a fairly large laceration above his right eye that was bleeding. (He) also had a small cut on the back of his head, which was also bleeding,” the report stated.

Davis was taken into custody on Sept. 13 and booked into the Houston County Jail on one count of burglary of a habitation with intent to commit another felony. Under Texas law, this offense is considered as a second degree felony.

According to Section 12.33 of the Texas Penal Code, “An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than 20 years or less than two years. In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.”

His $5,000 bond was posted and Davis was released from jail, pending further legal proceedings.

Will Johnson may be contacted via e-mail at wjohnson@messenger-news.com.