By Rick Wright

Staff Writer

The man convicted of killing South Portland resident Fred Wilson said he had a close relationship with his friend, missed him a lot and grieves for him every day. 

“On that night I failed miserably and now I must accept the consequences of my actions,” said Malcolm Bruce Davidson, who wept at times during his sentencing hearing last Friday in Maine Superior Court in Portland.

Davidson, 51, who previously used the name Lavallee-Davidson, was sentenced to 10 years in prison and three years probation following time served.

Justice Robert E. Crowley also ordered Davidson to pay $7,135 in restitution to the Victim’s Compensation Board.

Davidson was convicted Jan. 13 of manslaughter for firing a bullet into Fred Wilson’s head with a .44-caliber revolver near the end of a 12-hour sex party on April 18, 2009. Wilson, 50, was killed in the basement of his home at 25 Henry St.

“The sentence you set today will send a message. I encourage you to put him in jail for 10 years,” said Assistant Attorney General Lisa Marchese.

Crowley agreed with Marchese, who prosecuted Davidson two months ago for the shooting death of Wilson.

Davidson has 21 days to appeal the sentence. 

“We’ll have to see how we fare on appeal. I can’t say that we’re definitely going to but I think it’s likely that it will happen,” said Tom Hallett, an attorney for Davidson.

Hallett said he will review the case and material from the trial.

“If we’ve got something, we will move forward,” he said.

Crowley could have sentenced Davidson to anywhere from four to 30 years in prison.

“This case is about recklessness, substance abuse and misuse of a firearm,” Crowley said. “Manslaughter involves the death of a human being. There’s no such thing as manslaughter that’s not serious. Among Class A crimes, manslaughter is in a class by itself.”

The party began April 17, 2009, the night before Wilson’s death. It featured drinking, drug use, gun play and sex between Davidson, Wilson, and a third man at the party, James Pombriant, 65, of Auburn. Davidson owned all the guns and ammunition that was brought to the party.

Pombriant was the only eyewitness to the shooting and testified for the prosecution at the trial.

Davidson claimed Fred Wilson asked him to play roulette to heighten his sexual pleasure. Pombriant refuted that claim in court saying he never heard any conversation about roulette and never saw any of the three guns at the party be loaded or unloaded. 

Davidson tried to convince Pombriant to tell police Fred Wilson committed suicide but Pombriant refused to go along with the story, according to his testimony.

 On April 18, 14 hours after the shooting, Pombriant reported the incident to the South Portland police as an accidental death. Davidson waited until the following morning before meeting with police detectives.

“The defendant’s conduct was extremely negligent, bringing guns and live ammunition to a party with drugs,” Crowley said at the sentencing.

Citing a lack of remorse on Davidson’s part, Crowley said, “He’s sorry for what happened. He does not take responsibility for causing what happened.”

Kim Wilson, Fred Wilson’s 54-year old sister from Burbank, Calif., opened her victim’s impact statement by asking the judge, “How does one express in words the impact of losing your only sibling”?

She went on to say, “Mr. Davidson needs to face the consequences of his actions. I’ve lost the last connection I had to my past.”

Speaking on behalf of her brother’s friends and family members, Wilson told the judge, “We beseech you to exact the appropriate justice for Fred’s untimely death.”

Hallett said his client had no prior criminal record and described Davidson as an educated man with a good work history. Hallett also urged the judge to consider Davidson’s rapidly declining health due to HIV.

“If he is sentenced to a long sentence, there is no question he will never see the outside again,” Hallett said. The defense attorney asked the judge for a 48-month sentence followed by a six year probation period.

 Rick Wright can be reached at 282-4337, ext. 237 or news@inthesentry.com.