“Unofficial” Va. motel security guard charged with manslaughter
STAUNTON VA March 13 2019– A man accused of acting as an unofficial security guard, shooting and killing a Stuarts Draft man at the Colony House Motel last summer, will face a jury Wednesday in Augusta County Circuit Court.
Darin E. Davis, 48, of Waynesboro, is charged with voluntary manslaughter in the death of 34-year-old Gary D. Mawyer.
Davis was armed with a 9mm Glock handgun. Mawyer was carrying a can of soda, earlier evidence showed.
At 3 a.m. on June 13, Mawyer, as he had done before, came onto the property of the motel, located at 494 Three Notched Mountain Highway on Afton Mountain. Davis, whose girlfriend was a manager at the business, confronted Mawyer and told him to leave, according to Augusta County prosecutor Tim Martin.
The two men, one on each side of a pickup, were arguing when Mawyer threw a full can of soda at Davis, striking him in the shoulder. Davis immediately retaliated by shooting Mawyer, who stumbled a few feet and died at the scene, Martin said.
After shooting Mawyer, Martin said Davis unloaded the handgun and placed it atop the hood of the truck.
Defense attorney Michael Hallahan said Davis thought Mawyer was armed, but admitted his client never saw a gun.
Davis, who has no criminal history, remains free on bond.
Jury selection for the trial will begin early Wednesday morning.
Mawyer faces up to 10 years in prison if convicted of manslaughter.
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