Zachery August Davis (August 29, 1980-June 7, 2008)

My client, Zachery A. Davis, whom it was my honor and privilege to represent, in both state and federal court, died tragically on Saturday, June 7, 2008. Zack was twenty-seven years old.

Zack had the moral courage to assert his civil and constitutional rights in a state criminal proceeding, knowing full well that the ultimate decision by the trial court might boil down to a credibility contest -- his credibility versus the credibility of several municipal police officers and a federal ATF agent. Zack was successful in his state criminal case, the trial court ruling that the search of the vehicle in which Zack was a passenger was unlawful, that the search of Zack's backpack located in the cab of the pickup was unlawful under the Vermont Constitution, and that Zack's rights were violated by the police officers' unlawful detention of him for almost nine hours, during which time he was subjected to an abusive and traumatic interrogation by a federal agent, an interrogation that was intentionally not recorded by the municipal police department's video equipment.

Zack was not afraid to confront his own human failings, and sucessfully slayed his personal dragons. His exemplary self-change and his motivation to remain clean and become a law abiding citizen, with a contribution to make to our community, ultimately inured to his benefit, and he avoided an incarcerative sentence in federal court after his guilty plea to a federal firearms offense. Zack never had the chance to realize his full potential -- he was just starting his life's journey when he was taken from us.

Zack had an intense interest in the Founding Fathers and the historical source of our civil and constitutional rights, and I remember with fondness the lengthy philosophical discussions we would have about civil rights and liberties. Zack was full of questions, and I was astounded at his curiosity about arcane areas of constitutional law.

More than anything, I remember Zack's smile and his wry sense of humor, which he could not suppress, even in the face of serious and potentially life altering consequences during the pendency of his state and federal criminal proceedings.

Zack completed his undergraduate education, having first matriculated at the University of Vermont, after his federal criminal case was resolved favorably. Zack's intention was to attend law school and to become a patent attorney.

Zack believed so strongly in our constitutionally protected rights that he initiated, in November of 2007, a civil action against the municipal police officers and the Dover Police Department for the violation of his rights that occurred during his arrest in Dover, Vermont in November of 2004. That case, removed by the defendants from Windham Superior Court to the U.S. District Court for the District of Vermont, is still pending. The caption for the case is Zachery A. Davis v. Christopher Lora, Robert Edwards, Randall Johnson, and the Town of Dover, Docket No. 2:07-cv-248.

Zack was not interested in the amount of monetary damages he might receive at the conclusion of his case -- his motivation was to hold the police accountable, in a public way, for their egregious violation of his constitutional rights. Zack would have wanted his federal civil rights action to go forward, even though he is no longer with us.

Zack - you were loved and you will be missed. My condolences to your family and friends.

"Begin doing what you want to do now. We have only this moment, sparking like a star in our hand -- and melting like a snowflake." ~ Marie Beyon Ray