AUGUSTA — The final two defendants were sentenced Monday for the drug-related beating death of an Augusta man in 2015, with the state’s attorney saying the sentences reflected the defendants’ early cooperation in the investigation and their acceptance of responsibility.

Both Michael “Dirty” Sean McQuade, 47, of Augusta and Damik “Doughboy” Davis, 28, of Queens, New York, pleaded guilty 11 months ago to felony murder and robbery in the killing of Joseph Marceau and signed agreements with the state that spelled out their sentencing parameters.

Justice Daniel Billings imposed the sentences recommended by both sides.

McQuade was ordered to serve 12 years in prison with 13 years suspended and four years of probation. McQuade had prior misdemeanor convictions.

Davis was ordered to serve 20 years in prison with 10 years suspended and four years of probation. Davis had prior felony convictions.

A third man, Aubrey Armstrong, 29, of Far Rockaway, New York, who was convicted of felony murder and robbery, was sentenced on July 13 to 30 years in prison for felony murder and a concurrent 29 years for the robbery.

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Bruce Davis, a friend of Marceau’s dad, said of Damik Davis: “With all due respect to the court, may he also rot in hell,” the same thing he had said to Armstrong at his sentencing.

Assistant Attorney General John Alsop told Billings that the prosecution believed Davis’ role “was subservient to Mr. Armstrong, that he did not share the same intent that Mr. Armstrong had to bring about the death of Mr. Marceau, but it was clear that he was directly involved in some of the physical beatings.”

Marc Menard, Marceau’s stepfather, said if Marceau were still alive, “He would wonder why Mr. Davis, who was brought to Maine to act as a bodyguard for a drug dealer, would assist him to murder someone who posed no threat to him.”

Menard added, “We have lost our faith that there is humanity in the hearts of all people in this world.”

As Damik Davis stood to talk to the judge, he turned and told Marceau’s family members that he thinks about what happened every night.

“I just wish it never happened,” he said. “You shouldn’t forgive me. I hope I’ll be able to forgive myself one day; right now I can’t because somebody lost their life for something that was stupid. I just want to say I’m sorry to y’all. I’m sorry.”

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His attorney, Stephen Smith, told the judge that “with Davis’ full assent and cooperation,” the defense’s private investigator located key evidence and a key lead on a witness for the state.

At Armstrong’s trial, witnesses testified that a group of people planned to rob Marceau, who was a drug user looking to sell some heroin to get some crack. Marceau was taken to McQuade’s former fourth floor apartment at 75 Washington St., and the beating began almost immediately.

Prosecutors said Marceau was punched, kicked and beaten with a survey stick and his head was stomped on. While he gave up the heroin almost immediately, the beating continued. Then his arms and ankles were tied.

One image projected on a desktop monitor at Armstrong’s trial showed Marceau on his back on a bedroom floor, his head bloodied and bruised and with what appeared to be a swollen nose, blackened eyes. One gash was clearly visible in the middle of his forehead. He was found unresponsive and without a pulse by Augusta police officers responding to a neighbor’s noise complaint.

McQuade, who testified at Armstrong’s trial that he saw Armstrong beat Marceau to death, also was sentenced to a concurrent two years on a series of burglary, theft and burglary of a motor vehicle charges that occurred in October and November of 2015 before Marceau’s death.

McQuade said he only knew Marceau for a few months and described him as “respectful, considerate and an overall good person.”

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“My actions, however unintentional, led to his death. That is something that I will live with every day for the rest of my life.” He said he was “truly sorry” for his part

He also told the family, “The only thing I can offer I’ve already given with my testimony, and I hope that it has given you some satisfaction toward justice for Joe.”

McQuade waved goodbye to his mother as he left the courtroom.

Bruce Davis, speaking on behalf of Marceau’s father, Gerard, who lives in Florida, told McQuade at the hearing that he would not forgive him for helping to slay his only son. “The sentence he is getting does not satisfy me. His real sentence will come on judgment day.”

In imposing the sentence, Billings told McQuade, “The best thing that you can do to show the victim’s family that the remarks you made here today were genuine is to live your life differently than you did before the tragic events that brought us all here today.” Billings made similar remarks to Damik Davis.

Under Maine law, a person is guilty of felony murder if acting alone or with other persons, he or she commits or attempts to commit a felony – murder, robbery, burglary, kidnapping, arson, gross sexual assault, or escape – and this causes the death of another person.

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The state dismissed the murder charges – which carry a sentence of 25 years to life – against both Davis and McQuade at the sentencing hearings. No one was convicted of murder in Marceau’s death.

Betty Adams can be contacted at 621-5631 or at:

badams@centralmaine.com

Twitter: betadams


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