x
Breaking News
More () »

Man who killed MCSO detention officer in 2019 sentenced to 33 years in prison

Officer Gene Lee was attacked and ultimately killed by inmate Daniel Davitt on October 2019. Davitt is serving a life sentence for child sex crimes.

PHOENIX — A day after celebrating his 27th wedding anniversary Gene Lee died from serious injuries caused by a Maricopa County Jail inmate. Lee was a detention officer there.

Nearly four years after his death, the man convicted of killing him was sentenced to 33 years behind bars.

A Maricopa County Superior Court judge sentenced Daniel Davitt on Friday in a courtroom packed with Lee’s family, friends and former colleagues.

“There is no justification for what happened … it was indeed a senseless act,” Judge Chuck Whitehead said. “The court does find that the aggravating factors outweigh the mitigating factors, and an aggravated sentence is warranted.”

Lee, or Jim as his friends called him, died on Oct. 30, 2019, a day after he was attacked by inmate Davitt in Lower Buckeye Jail near 35th Avenue and Lower Buckeye Road. He had been working for MCSO for six years.

RELATED: 'What happened to Officer Lee was inexcusable': Sheriff Paul Penzone on death of detention officer

Authorities said the assault happened at the start of Lee’s shift around 8 a.m. and was caught on surveillance video. It showed Davitt grabbing Lee by the throat before he kicked the officer’s leg out from under him, causing the 64-year-old to hit his head on the county jail floor.

“My life changed drastically since Jim died,” said Lee’s widow, Linda Lee, during the sentencing hearing. “I can’t turn back the clock and bring him back to life. It feels odd to be alone most of the time and have no one to talk to... I’m still getting used to the silence.”

The courtroom was packed with fellow MCSO detention officers. Gene Lee’s boss also addressed the court.

“I, along with other leaders part of this tragedy, will forever live with the dreadful emotion of guilt,” said MCSO Shift Commander, Lt. Lourdes Hernandez-Bandilla. “[We] pride ourselves that all our staff made it home at the end of their shift. Officer Lee was the first line-of-duty death that involved a detention officer. Because of his actions, many of us have to carry the burden that one of our officers we’re responsible for did not make it home.”

The killer

At the time of the attack, Davitt was in MCSO custody, serving a life sentence after he was convicted in November 2018 on five counts of molestation with a child and one count of sexual conduct with a minor.

“What happened to Officer Lee is inexcusable,” Sheriff Paul Penzone told 12News a day after the detention officer’s death in 2019. “An evil man chose to take advantage of an opportunity to harm someone that he had targeted.”

A week before the Oct. 29 attack in 2019, a federal judge had dismissed a complaint Davitt had filed against Officer Lee where he accused him of mistreatment.

At the end of the sentencing hearing on Friday, Davitt’s attorney, Eric Crocker, filed a written Notice to Appeal the case and withdrew as the defendant's attorney.

Remembering Gene 'Jim' Lee

Those who knew Officer Lee best, called him Jim. They said he was a man that took pride in wearing his uniform.

“Officer Lee was a professional, that showed up to work with a smile on his face,” Hernandez-Bandilla said. “He would help his fellow coworkers when he could, and he was fair and consistent with the inmates.”

Officer Lee’s boss said multiple inmates sent condolences letters after his death. She said one signed by 13 inmates said, “We remember Officer Lee, made us feel human. He had a welcoming smile and kind words, said hello, and was always respectful.”

Linda Lee said: “Jim was extremely smart and humble. He didn’t like to draw attention to himself. He worked very hard.”

The 64-year-old joined MCSO after a long career as an electrical engineer. He made the switch after his desire to serve his community, his wife said.

“Jim loved his job,” Linda Lee said. “Jim was very much a family man.”

"Officer Gene Lee was a public servant who devoted his life to protecting our community, said Maricopa County Attorney Rachel Mitchell in a statement following the sentencing. "It is a travesty for his life to have ended in this way, as I can only imagine the depths of the sorrow his family is experiencing. I am grateful to the judge for imposing a lengthy sentence and am grateful to the people in my office who worked relentlessly to bring his attacker to justice.

Up to Speed

Catch up on the latest news and stories on the 12News YouTube channel. Subscribe today.

Before You Leave, Check This Out