PHOENIX — Hindsight is 20/20, but Amy Keith can't help but think the man who killed her father should still be in prison.
In 2003 at a home in Bisbee, Arizona, Bryan Davis took a hatchet to Edgar Westfall III, his roommate. In addition to second-degree murder, Davis was charged with arson and tampering with physical evidence, accused of trying to burn Westfall's body after the murder.
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“It’s a club nobody wants to be in. Nobody wants to be in this club. Nobody asked to be in this club," Keith, Westfall's daughter said.
Davis signed a plea agreement offered by the Cochise County Attorney's Office moments before trial. He agreed to plead no contest, one where he does not accept guilt but does accept punishment for murder. Additionally, as part of the deal, Davis pled guilty to arson and tampering with physical evidence.
Court documents say both parties agreed to "special provisions" that promised Davis he would not serve more than 16 years in prison, and the sentence of 10 years for arson would run concurrently, meaning at the same time, as his sentence of 16 years.
“I don’t understand why you would charge somebody with arson and tampering with evidence if the sentence for those aren’t even going to be served," Keith said.
In 2019, Davis was released from an Arizona prison. Nearly three years later, he would be back in police custody.
This time the Maricopa County Attorney's Office indicted Davis for stabbing two of his neighbors after an argument near their home in a Sunnyslope neighborhood in Phoenix.
According to the indictment, one neighbor died after the stabbing, and the other was severely injured.
“They may have had kids, they have parents. They may have had siblings. This affects more than just the victim. This affects a lot of people and it still affects me," Keith said.
Keith tells 12News she can't help but wonder: If her father's case was handled differently, and had Davis' sentences run consecutively and not concurrently, would his second violent outburst in two decades have been avoided?
“He would have still been in prison. This would not even be happening right now. That family would still have their loved one," Keith said.
In May 2024, Davis was found guilty of manslaughter and assault for stabbing his neighbors in Sunnyslope after a jury trial. He was sentenced to 28 years for manslaughter and 15 years for assault. At 64 years old, it means he will likely spend the rest of his life in prison.
The date Davis learned his sentence, June 26, is a significant and personal one for Keith.
“That date would have been my father’s birthday. So part of me felt a sense of karma. Like my dad said. ‘Well you did it again and here we are. You didn't change,'" Keith said.
Davis is appealing his 2024 conviction. It's a process that will likely play out for years to come.
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