Family members told a Topeka man who was sentenced to nearly 11 years Tuesday for recklessly murdering their loved one that their lives were forever changed.
Dawson Edward Paine, 22, had pleaded guilty to recklessly shooting and killing 18-year-old Davin Gregory Kerr, of Lawrence. Douglas County District Judge Amy Hanley sentenced Paine to 131 months in prison.
Paine was originally scheduled to stand trial for the March 5, 2024 death of Kerr, who was shot in his bedroom in the 2900 block of Crestline Drive just 10 days before his 19th birthday. However, potential jurors were dismissed on Dec. 16 after Paine reached the plea agreement with the Douglas County district attorney’s office.
Testimony in Paine’s preliminary hearing indicated that the incident occurred while Kerr was playing video games with his friend, Hunter Gaines, and Paine. Gaines testified during the preliminary hearing that Paine had a 9mm Ruger pistol and was pointing the loaded gun at him and Kerr when it went off.
Hunter’s mother, Amy Gaines, read words for her son in his place Tuesday. His statement spoke to the trauma he experienced from seeing his friend be shot and making the 911 call. Hunter wrote that the two weren’t related by blood, but they were brothers regardless, and that he wished for one more phone call with Davin.
“He was the one person in my life that made me realize I was worth so much more than I had been allowing myself to have,” Amy read for Hunter. “Davin had the biggest heart out of everyone I know. Even behind the tough guy act, Davin was a very emotional person. He was smart, caring, funny and respectful.”
Paine had fled the scene but was apprehended days later in Topeka. At the preliminary hearing, Lawrence police testified that during their initial interview with Paine, he admitted to shooting Kerr with a gun he had stolen from a friend days earlier.
Pam Henderson, Kerr’s grandmother, was one of several loved ones who submitted written comments about the impacts of Kerr’s death. Bobbie Lemon Shreve, Kerr’s aunt, read comments aloud for Henderson, who was emotional when she reached the lectern microphone Tuesday.
“Our lives have been changed forever as one man who brought a gun into my home, pointed it at my grandson and pulled the trigger,” she read. “Davin deserves justice.”
Based on Kansas sentencing guidelines, Paine potentially could have spent up to 11 1/2 years in prison. During the December hearing, prosecutors had recommended a downward departure to a sentence of seven years.
Hanley explained her decision on Tuesday to impose a sentence greater than that in the plea negotiation.
Based on records, attorneys previously had the understanding that Paine’s criminal history was at level H, which is the second to lowest, but later learned he was at level B. That could’ve been because of prior juvenile convictions.
Hanley ultimately based her ruling on level H but took into account Paine’s four prior misdemeanors and the nature of the entire case. She acknowledged Paine took and maintained responsibility “fairly quickly” after the shooting, which played a positive role in her decision, but that he didn’t do so at the moment it happened.
“But Mr. Paine, you took his life,” Hanley said. “And I heard that 911 call. And you weren’t there for that part of it.”
If sentenced with the B criminal history score, Paine would have faced 36 years, under state sentencing guidelines.
Around 10 supporters sat behind Paine and court-appointed attorney Michael Clarke during Tuesday’s hearing. They did not speak.
Kerrs’ friends and family sat opposite, behind Deputy District Attorney David Greenwald. Crying and sniffling could be heard throughout the courtroom.
Clarke said during his time with Paine, Paine consistently took accountability and expressed remorse. Paine stood up and faced Kerr’s family and friends on Tuesday and told them he would accept his consequences.
“I know I hurt you in the worst way possible, and I think about that all the time,” Paine said. “I panicked after it happened and ran away, and made things worse. I was stupid and selfish, and I’m ashamed of me. This is all on me. It was my fault.”
Paine will serve his time in the Kansas Department of Corrections. Upon his release from prison, Paine will be subject to three years of post-release supervision and will be required to register as a violent offender.
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Maya Hodison (she/her), equity reporter, can be reached at mhodison@lawrencekstimes.com. Read more of her work for the Times here. Check out her staff bio here.
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