Father upset over early release of man responsible for his son’s death

CEDAR RAPIDS - The parents of Dustin Davis, who died after being punched in the face last year, can't believe the man responsible for the fatal blow got out of prison Saturday after only 11 months.

“I got a call on Thursday that Henry Rogers was being released on Saturday,” Donnie Davis, of Maysville, Ga., said during a phone interview Tuesday. “I about fell out of my chair. And he's not on parole or probation or anything.”

Dustin Davis, 35, of Commerce, Ga.,  moved to Cedar Rapids about a month before Henry Rogers, 29, of Cedar Rapids, hit him in the chin during a fight outside a home on 15th Street SE, last July 6. Davis fell, hitting his head on the pavement which caused a blood vessel to rupture and he died the next day.

Linn County Attorney Jerry Vander Sanden said Wednesday Rogers was originally charged with felony involuntary manslaughter but a plea agreement was offered because witnesses who had given statements to police recanted their statements when it was time to go to trial.

Rogers pleaded to involuntary manslaughter by conduct likely to cause death, an aggravated misdemeanor.

He was sentenced in April to two years in prison, but he had been in jail since July 2010 and served 273 days plus good time credit which completed his sentence.

“I certainly understand their anger and frustration,” Vander Sanden said. “I filed the most serious charge we could.”

Vander Sanden said it came down to risking an acquittal or to ensure some jail time.

“There's no amount of prison time that can compensate for a human life,” Vander Sanden said.

A working phone number wasn't available for Rogers.

Rogers told the Davis family during his sentencing in April that he was sorry.

“I didn't mean for this to happen. I swear I didn't,” Rogers said.

It came as a shock to Donnie Davis because he was in Cedar Rapids only a few months ago for sentencing. He didn't understand how someone like Rogers, who has a lengthy criminal history, including several assaults, since 1999 and has been arrested 47 times, can be out of prison.

“He got a get out of jail free card,” Donnie Davis said. “I could understand if somebody kills someone accidentally but………This is just not right. How could this man not pose a threat to public safety?”

Vander Sanden said there was no evidence that Rogers intended to kill Dustin Davis or a more serious charge would have been filed.

Donnie Davis decided to write a letter on behalf of his family to Gov. Terry Branstad, Iowa Board of Parole, Linn County Attorney Jerry Vander Sanden, state senators and representatives, The Gazette/SourceMedia and others to make them aware of the “dangerous and unstable man” back in the community.

Sixth Judicial District Judge Mitchell Turner, who sentenced Rogers, said Tuesday he was unaware he was out. He hadn't received his letter yet because they were just mailed Monday.

SourceMedia received an email of the letter.

“I have nothing to do with releases but I gave him the longest prison term that I could,” Turner said. “It's disappointing but that being said, I believe our (justice) system is still the best that's ever been devised. I am surprised. I feel badly for the family.”

In his letter, Donnie Davis states he doesn't want anybody to have to endure what he, Dusty's mother and his sister have gone through this past year.

“I flew to Iowa and sat with the lifeless body of my son in ICU awaiting the harvesting of his organs,” he said in the letter. “I returned home and buried my beloved son July 11, next to his grandmother.”

Donnie Davis asks in the letter that someone look at the laws in the state and change it, so defendants like Rogers be supervised after release.

Fred Scaletta, Department of Corrections spokesman, said Rogers' time was properly calculated and he completed his sentence, which was significantly reduced with 1.2 days for every day served for good time or other treatment program credits.

“It's the statute according to Iowa code,” he said.

Scaletta said it's not unusual for an inmate's prison time to be cut in half  or more than half  with the credit.

According to statistics from the Department of Corrections, releases as a result of paroles have decreased and releases resulting from expiration of sentence, which is time served, have increased.

Vander Sanden said in the last few years it seems like the inmates prefer to complete their sentences than be paroled because they don't want to answer to a probation officer.

Donnie Davis said he understands the limitations of the judge and the laws but feels they are unjust for this  crime.

“I'm just a heartbroken dad, but I know Dusty's in a better place,” he said with a quivering voice.