Today, the judge heard a mitigation plea from both Davis and his attorney, Bryan Neal. They offered testimony that the judge should consider in arriving at the prison sentence. Davis told the court that he is neither gay nor bisexual, and he was not Dr. Garcia's lover. He said that he was simply defending himself. He asked the court for leniency, and he said that he would greatly appreciate any consideration given to him.

Attorney Bryan Neal told the court that he has served just a few days short of 6 years on remand. Neal asked Justice Lucas to subtract the remand time from Davis' sentence.

As we reported, the police recorded a confession statement from Davis who told them that he was at Garcia's home - and when the Doctor insisted on having sex with him - Davis put the doctor in a submission hold, which knocked him out. Davis then searched for the key to get out, but during that time, the doctor regained consciousness. Davis tried to tie him up, but he escaped, and that's when he put a pillow over Dr. Garcia's face, and struck him on the head with a can of beets. That blow caused the injury that killed him.