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Man Not Prosecuted In Murder Case Wants Arrest Expunged

Tribune file photo by ROBERT BURKE

Itiba Davis, left, was released from jail in 2006 with help from his lawyer Daniel Fernandez.

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By JOSH POLTILOVE | The Tampa Tribune

Published: July 25, 2008

TAMPA - Two years ago, prosecutors decided they couldn't go forward with a murder charge against Itiba Ikido Davis after three eyewitnesses in the shooting recanted statements.

Davis, 24, now wants the criminal arrest to be sealed and expunged.

His attorney, Daniel J. Fernandez, said he will attend an Aug. 12 hearing before Circuit Judge Manuel Lopez to make the request.

"This is a guy who was wrongfully accused and ultimately exonerated, and he has an absolute right to go on with his life without this incident impeding his future," Fernandez said.

About 3 a.m. on July 4, 2005, Rodney Valery was walking out of the Tropix nightclub on East Skagway Avenue. Police reports state that two men walked up to Valery from behind. One pulled a .45-caliber handgun. Valery was shot twice in the back.

Police initially suspected a man who, like Valery, was from the Virgin Islands and had drug arrests on his record. That man was ruled out.

Valery's brother mentioned a second possible suspect, but police couldn't find a connection to Valery's death. The investigation, however, led to that man's brother – Itiba Davis, another Virgin Islands native.

Witnesses initially identified Davis as the shooter.

When Davis spoke with detectives, he waived his right to an attorney and told police he was home with his sick girlfriend the night Valery died. The next morning, he said, the couple went to Tampa General Hospital. Police verified he was at the hospital by 8 a.m.

Davis and his girlfriend passed lie detector tests, police reports state.

He was arrested in August 2005. The charges were dropped in May 2006.

Fernandez said he and Davis have become friends and that Davis stops by periodically. Four or five months ago, Davis told him he was having difficulty finding a place to stay because apartments checking his criminal history saw the arrest on his record.

"It's only right that we correct a wrong and bring it full circle and bring back to him what he had before he was charged – his good name," Fernandez said.

"I've been doing this for almost 30 years, and I don't say this very often – I've had literally thousands of criminal cases – but this guy is entirely innocent, and I believe it in my soul. This guy, he faced everyone's worst nightmare: being accused of something he didn't do."

Information from Tribune archives was used in this report. Reporter Josh Poltilove can be reached at jpoltilove@tampatrib.com or (813) 259-7691.

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