True Crime Chronicles: Benton County murderer has exploited legal system for over 32-years to avoid execution
- Dennis McCaslin
- Apr 24
- 3 min read



Don W. Davis, now 62, has spent over three decades on Arkansas’ death row, making him the state’s longest-serving death row inmate following the recent death of another prisoner. Sentenced on March 6, 1992, for the brutal murder of a northwest Arkansas woman,
Davis’ case continues to draw attention as Arkansas grapples with its approach to capital punishment. With recent legislative changes and a shifting national conversation on the death penalty, Davis’ fate remains uncertain, raising questions about justice, redemption, and the state’s execution protocols.
In 1991, Davis was convicted of capital murder in Benton County for breaking into the home of Jane Daniel, a 62-year-old Rogers resident. According to court records, Davis beat and shot Daniel during a robbery
.Prosecutors described the act as cold-blooded, and a jury swiftly handed down a death sentence. Since then, Davis has resided in the Varner Unit’s death row, his life marked by appeals, legal battles, and the looming threat of execution.

Davis’ case gained renewed attention in 2017 when Arkansas planned to execute eight inmates, including Davis, in an unprecedented 11-day period due to the expiration of the state’s lethal injection drugs.
His execution was halted by a federal judge, citing concerns over his mental competency and the rushed nature of the process. “The stay was a lifeline,” said Kelly Culshaw, a legal advocate with the Arkansas Coalition to Abolish the Death Penalty. “But it also left Don in limbo, neither living nor dying, just waiting.”
Recent developments have further complicated Davis’ future. In March 2025, Governor Sarah Huckabee Sanders signed legislation allowing executions by nitrogen gas, a method proponents claim is humane but critics argue causes undue suffering.
The move came after years of legal challenges to lethal injection, which have delayed executions in Arkansas since 2017.
“The state is determined to restart executions, and Don Davis is at the top of the list,” said Benton County Prosecutor Nathan Smith. “Justice for Jane Daniel’s family has been delayed long enough.”
However, Davis’ legal team contends that his time on death row has transformed him.

“Don is not the same man he was in 1991,” said his attorney, Lisa Peters. “He’s expressed deep remorse and has mentored younger inmates, urging them to seek redemption.”
Peters also argues that Davis’ mental health has deteriorated, potentially rendering him unfit for execution under constitutional standards.
The Arkansas Department of Corrections declined to comment on Davis’ current condition, citing privacy concerns.
The national landscape adds another layer of complexity. In December 2024, President Joe Biden commuted the sentences of 37 federal death row inmates, sparking debate about the morality of capital punishment.
While Davis, a state prisoner, was unaffected, the commutations have emboldened anti-death penalty advocates in Arkansas.
“If the federal government can show mercy, why can’t Arkansas?” Culshaw asked.
Conversely, victims’ rights groups argue that sparing Davis would betray Jane Daniel’s memory. “Her life was stolen,” said Daniel’s niece, Susan Harper. “We’ve waited 33 years for closure.”
As Arkansas prepares to resume executions, Davis’ case symbolizes the broader tensions surrounding the death penalty. The state’s adoption of nitrogen gas could expedite his execution, but ongoing appeals may delay it further.
Meanwhile, Davis remains in his cell, a man caught between a decades-old crime and a society still wrestling with how to punish it.
“We’re not just talking about Don Davis,” Peters said. “We’re talking about who we are as a state and what justice means in 2025.”
For now, Davis’ story is one of waiting--of a man, a family, and a state all seeking resolution in a system that offers no easy answers.
