Sex offender convicted of raping wife at gunpoint in vehicle, motel

A Laramie, WY man faces a minimum of 20 years and a maximum of life for kidnapping then raping his wife at a park, then motel. A jury of 10 women and 2 men convicted Donald Ray Daves of 4 counts of 1st degree sexual assault, 5 counts of using a firearm while committing a felony, and single counts of kidnapping, aggravated battery, and possession of a deadly weapon with unlawful intent.

The 46 year old perpetrator's conviction stemmed from a incident which occurred over the couse of two days. According to the victim and prosecutors, Daves' assault began April 4 at the Monolith Ranch public access area to purportedly dig up jewelry he buried. The gunpoint sex assaults at the access area occurred in Daves' Ford Ranger pickup truck. After Daves finished raping his victim there, he drove around, looking for a motel to stay.  According to Albany County Attorney Richard Bohling, Daves unsucessfully rented a room at a Howard Johnson's. “He reminded her if she runs he’ll blow a hole in her head the size of a coffee mug,” Bohling said about the threats the perpetrator made to his victim.

Eventually, Daves rented a room at the 1st Inn Gold, where he raped his victim three times, each time with the semiautomatic handgus laring on the stand next to the bed. According to Bohling, the gun on the stand was used to keep the victim submissive. “This is all about power. It’s not about consensual sex.”

After he finished raping his wife, he dropped her off at her home April 5, threatening to kill her if she told. The next day, Daves fled and led  police on a high speed chase after Laramie and Albany County Sheriff’s officers attempted to question him about the rapes.

Public defender Vaughn Neubauer focused on the physical evidence and the victim’s testimony.

Neubauer said the victim had lied on the stand because she wanted Daves out of her life. “Don’s an easy target,” he said. “She had the perfect opportunity to get rid of Don Daves forever.”

Neubauer asked the jury to remember the victim’s testimony and how she became “defensive and angry and hostile” during cross examination after crying earlier in the day. “Her testimony was contrived. She made it up,” he said. “Someone … who can turn it on, turn it off and turn it on again is capable of doing that.”

Concerning the physical evidence, Neubauer said the DNA analysis performed by the Wyoming State Crime Lab and the biological materials tests performed by Laramie Police Sgt. Michael Ernst were non-factors.
He reminded the jury that the DNA analysis and presence of fluids on Daves’ underwear could not be used to determine if the sexual acts were consensual or non-consensual. Neubauer added that Ernst failed to find any biological evidence inside Daves’ pickup truck, which is where the victim had said Daves had forced her to perform oral sex.

In addition, Neubauer referred to the testimony of Dr. Jonna W. Gies of the Ivinson Memorial Hospital Emergency Department, who performed a sexual assault examination of the victim on April 9. In her testimony on Tuesday, Gies had said there was no evidence of tearing or redness on the victim. Gies had said there were two bruises on the victim’s inner thighs. However, she admitted they could have happened during consensual or non-consensual sex.

Because the physical evidence could not prove Daves had sexually assaulted his wife, Neubauer said the prosecution’s case depended on the victim’s testimony and circumstantial evidence. “What this case really comes down to is whether you believe (the victim) beyond a reasonable doubt,” he said. Neubauer also pointed to the events in the front lobby of the Howard Johnson’s Hotel on the night of April 4 to show the victim was with Daves on her own volition.

Jeffrey Becker, a former Howard Johnson Hotel front desk manager, testified on Wednesday that the victim could have escaped out the front door or spoken to him while Daves was in the restroom.“She had a number of options available to her,” Neubauer said. “She could have asked for help, but she didn’t.”

Then, instead of fleeing the county or holding the victim hostage, Daves took her home before returning to his residence.
 
Bolling rebutted the defense argument by stating in his closing that “There’s no handbook of how to be a victim of crimes like this...Some people spend years in (an abusive) situation before they ever get out.”
 
Daves is being held without bail in the Albany County Detention Center until sentencing.