GRAND RAPIDS, Mich. (WZZM) - A Grand Rapids man involved in the gang rape of a 15-year-old girl had his 2012 conviction upheld this week by the Michigan Court of Appeals.
Cedric Dashan Davis was 24 when he provided the girl with alcohol to the point where she passed out and was sexually assaulted by at least four people, including Davis.
Kent County jurors convicted him on two counts of first-degree criminal sexual conduct and a lesser charge of furnishing alcohol to a minor. Davis was sentenced to 10 to 25-years in prison for the September, 2010 assault.
The girl said she did not remember the assaults, but numerous witnesses testified to the assaults and identified Davis as one of those responsible.
Davis contended there was not enough evidence for a jury to convict him. The Appeals Court disagreed, noting Davis gave encouragement to others involved in gang rape.
"During the numerous sexual assaults that followed, those surrounding the victim spoke words to encourage the crimes,'' justices wrote in the 10-page ruling. "There was also testimony that the assailants passed around condoms to use on the victim.''
A trial witness testified that the girl was held in place to prevent her from falling over during the sexual assaults.
Witnesses said the victim had been "guzzling vodka like water,'' according to court documents. After passing out and laying motionless on the floor "they kept having sex with her,'' a witness testified at trial.
A blood test at the hospital concluded the victim had a blood alcohol level of .25; more than three times the legal limit for drunken driving cases.
Davis also appealed on the grounds a photo of the victim taken at the hospital should not have been shown to jurors. Justices disagreed, noting the photo corroborated testimony she was unresponsive during the assaults.
Davis asked to be resentenced; objecting to an evaluation used as a guideline for judges when determining a sentence. He took issue with a victim impact statement in which the girl wrote the assaults caused her to be "very defensive with all males'' and she does not "trust them at all.''
The three-judge panel disagreed. "It was eminently reasonable to attribute the victim's serious psychological injuries to the sexual assaults,'' justices wrote.
Davis, now 27, is at the G. Robert Cotton Correctional Facility in Jackson. The earliest he could be released from prison is March 31, 2022.