Sidney Davis to serve more than 14 years for killing son

A Rehoboth Beach man will serve 14.5 years in jail for the death of his son at a Dewey Beach hotel in May 2014.

Sidney Davis, 22, was sentenced by Delaware Superior Court Judge T. Henley Graves Aug. 7 after pleading guilty to one count of second-degree murder by abuse and second-degree assault in the death of his 3-month-old son, Zhaden.

Holding back tears as he spoke, Davis said it hurts him to know he will never see his son again.

“I wish he could still be here,” Davis said. “I never wanted this for my children. I’m not a murderer. This was an accident. I miss him so much.”

Court records say Davis was watching his twin boys at the Sea Esta IV motel in Dewey when Zhaden became upset and started crying. Davis told police he began shaking the child in an attempt to quiet him. Zhaden’s mother, who had been visiting her grandmother, returned and found the other twin sleeping and Zhaden whining, but otherwise OK.

The child's mother left for work shortly thereafter, and Davis admitted to shaking Zhaden again until he fell asleep. Davis told police he took a shower and later discovered Zhaden was not breathing. Zhaden had suffered traumatic brain bleeding, three left-side rib fractures, massive retinal hemorrhages and subdural hematoma in the brain.

Davis’ attorney, Rob Robinson of the Public Defender’s Office, and his aunt, Shernell Perry, spoke of Davis’ difficult upbringing, which Robinson compared to the Ninth Circle of Hell in Dante’s “Inferno.”

Perry said Davis’ mother was addicted to crack cocaine, while his father was a crack dealer and his other aunt was murdered. She said Davis had to grow up too fast and watch over his younger brother. Perry said Davis held in a lot of his anger and frustration. She said Davis is estranged from his parents, particularly his mother, who is still using drugs and lies to him about having cancer.

Robinson noted afterward that Perry was the only family who attended the sentencing, even though Davis’ parents live 10 miles away.

Perry said fatherhood changed Davis in a positive way and he was trying to become a better person while behind bars. She asked Graves for mercy in his sentencing.

Robinson said Davis was remorseful at what he had done, at one point being on suicide watch while incarcerated at Sussex Correctional Institution.

Prosecutor Melanie Withers acknowledged there were mitigating circumstances related to Davis’ background but also said Davis should receive more than the minimum 10-year sentence for his actions.

“The defendant survived his dysfunctional childhood. Zhaden did not,” she said.

Davis had originally been charged with first-degree murder, but pleaded guilty to the lesser second-degree murder by abuse, with the difference being Davis’ state of mind was one of negligence, not recklessness.

Withers said Davis had previously been abusive to the twin boys, with his frustration about his life causing him to boil over and lash out at the kids.

“He knew what he was doing. He was unable to stop himself and reach out for help,” Withers said.

Graves said, “This is a very difficult case. There are mitigating circumstances. We call them children, but these were infants. And they live or die by the care of their caretaker.”

Davis could have faced a maximum of 33 years in prison. After serving 14 ½ years, Davis will be on probation for the next 12 years where he must undergo anger management counseling.

The Family Court must approve any contact with his child. Robinson tried to get Graves to allow Davis to send a birthday or Christmas card, but Graves said that would have to be taken up by the Family Court.