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Clay County defendant stuns court, says he wants to plead guilty in his death penalty trial

Donald Davidson is accused of raping a 10-year-old girl, murdering her mother

CORRECTION: A prior version of this story said the adult victim was pregnant. That is incorrect.

UPDATE 11:20 a.m. In a surprise turn in the case, Donald Davidson announced Tuesday at his final pretrial hearing that he wanted to plead guilty rather than face trial in his death penalty case.

Though not unprecedented, pleading guilty in a death penalty case is exceedingly rare. It's also a little confusing for all parties who want to make sure the defendant gets a fair proceeding.

Judge Donald Lester made it clear in court that he will have a lot of questions for Davidson and his attorneys on Wednesday. The judge said with such a consequential decision, he wanted to give Davidson another day to think about it.

ORIGINAL STORY

He’s known as the “Donald Smith of Clay County” – a moniker that showcases both the atrocious nature of his alleged crime, and the fact that he, too, was a known sex predator when the crime occurred.

Like Donald Smith (the man found guilty of kidnapping, raping and murdering 8-year-old Cherish Perrywinkle) Donald Davidson was a registered sex predator when he was accused of kidnapping and sexually assaulting a child.

Like Smith, Davidson had just gotten out of jail when the crime occurred.

Unlike Smith, Davidson is not accused of killing the girl. But he is accused of murdering her mother.

READ >> The Definition of a Predator: How the system failed Cherish Perrywinkle 

Davidson was in court Tuesday morning for his final pretrial hearing before his trial that begins June 5. He is charged with first-degree murder, kidnapping, capital sexual battery, attempted sexual battery, lewd and lascivious molestation and grand theft auto. He faces the death penalty.

The case unfolded on the afternoon of Dec. 1, 2014. Police say Davidson, a childhood friend of the girl’s father, showed up to their home in Middleburg. Police say he began sexually assaulting Roseann Welsh, then strangled her and repeatedly stabbed her in the neck. When her 10-year-old daughter arrived home from school, police say, the 6’3” 250-pound Davidson cut off his ankle monitor with a butcher knife and kidnapped the girl in the family van.

After sexually battering the girl, police say, he dropped her off and told her to walk home. Meanwhile, the woman’s 13-year-old son discovered his mother’s naked, lifeless body and called police.

READ >> The ones who got away: Donald Smith's other child victims 

Davidson has prior convictions for aggravated battery and sexual battery. He’d been released from prison in September 2014 after serving time for a 2004 lewd and lascivious act on a child under 12, and aggravated battery on a pregnant woman in 2010.

He lived just a few houses away from his victims and was a lifelong friend of the girl’s father. According to police reports, the father had refused to allow Davidson to enter their home when the children were around. (First Coast News does not identify victims of sexual violence, or their parents if doing so reveals their identity.)

Davidson has been in jail since his arrest the night of the crime. While in jail, he has racked up numerous behavioral violations, most often for refusing to shower. He has also been rearrested for allegedly making telephone bomb threats to individuals outside the jail.

Jury selection in the case begins June 10.

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