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Published in the Asbury Park Press 02/5/05
By KAREN SUDOL
A grand jury has indicted a podiatrist — who already is facing attempted murder charges — charging him with threatening a former employee as she headed to court to testify against him at a grand jury hearing.
The witness, who has not been identified, testified before a Monmouth County grand jury hearing charges about a May 13, 2003, incident involving 39-year-old Mark S. Davis and a contractor.
Davis is charged with attempted murder, aggravated assault and weapons offenses in an alleged plot to kill Joseph Vitale of Sayreville, the contractor whom Davis hired in June 2001 to install a $70,000 home-theater system in his Colts Neck home. Authorities allege Davis believed Vitale had botched the installation.
The murder attempt failed when the doctor's gun misfired twice, authorities said. Davis then tried to incapacitate Vitale with a stun gun, but Vitale escaped into nearby woods and called police, authorities said.
The witness planned to testify on Feb. 23, 2004, when she received a threatening phone call from Davis, Monmouth County Prosecutor John Kaye has said. When she arrived at the courthouse, she informed the assistant prosecutor of the phone call.
Davis of Montana Drive was arrested on Phalanx Road, near his home, as he was driving his Hummer on his way to his medical office on Staten Island, authorities said. Police found a 26-inch metal Asp police baton — or billy club — in the vehicle.
The Monmouth County grand jury handed up charges Thursday of tampering with a witness, hindering his own apprehension and possession of a weapon.
The attempted murder charges are pending.
Last week, Davis was sentenced by a U.S. District Court judge to five years and three months in prison for submitting fraudulent health claims to Medicare and private insurance companies and for retaliating against a podiatrist who cooperated with authorities.
He also was ordered to pay $1,055,000 in restitution for the proceeds obtained from the fraudulent claims.
Podiatrist Mark S. Davis told a judge Friday that he twice assaulted a Sayreville contractor — once by attempting to shoot him — because he believed the contractor had botched a 2001 home theater system installation in his Colts Neck home.
Podiatrist sentenced to 15 years for trying to shoot contractor
Podiatrist sentenced to 15 years for trying to shoot contractor
FREEHOLD, N.J. -- A judge told a podiatrist who pleaded guilty to shooting a contractor that his actions were "bizarre and violent to the nth degree," in a dispute over a botched home theater installation.
Mark S. Davis, 39, of Colts Neck, was sentenced Friday to 15 years in prison. He also admitted in a plea agreement that he had punched Joseph Vitale of Sayreville on a separate occasion and had set fire to his car.
"I just didn't have the self-control to stop," Davis said at his sentencing. ...
Mark Davis was an unfortunate case....I know cause I was his associate.
At one time, Davis was an excellent podiatrist - Boarded in Surgery without a residency, excellent hands, cool as a cucumber when the ****-hit-the-fan - But greed along with poor impulse control, anger and testing the limits started his fall from grace.
We were students together in the late '80s - some socializing in the 90's - we lived 5 miles apart in southern NJ. I approached him with expanding his offices and we partnered up late 2003. He brought me up to speed regarding his criminal charges but, like always, he heard what he wanted to hear and disregarded advice from those that cared for him. Once he was indicted on multiple state felonies
(attempted murder, conspiracy, weapons violations, drug poss, grand theft and 5 more felonies) he panicked. His paranoia convinced him all his friends were enemies and he estranged himself from everyone. I dont know what his plans were, but he started a massive billing campaign perhaps to get a nest egg and make a run for it. ( he had a wife and 3 young daughters- now divorced and estranged from his family)
He also put others in harms way - like ficticious billing in others names, billing surgeries that didnt take place -
and threatening patients with bodily harm if they didnt pay their bill!
My relationship with Davis ended during a Plantar fasciotomy procedure. The patient was a 30+ female known to have low threshold for pain and quite apprehensive. Initial block should have been adequate (afterall, I did it myself!) but she complained of pain during the procedure. It was obvious to anyone that she needed some comforting and soothing. As she was calming down, Davis thru a tantrum - he screamed that she was crazy! That he was the best doctor in NJ and she was lucky just to be here! I grabbed him, tried to shut him up (we had 4 patients waiting within earshot) but he pushed me away and thru a scalpel almost stabbing an assistant!! I finished the procedure and made my decision to leave the practice.
Davis' end was just around the corner. The Feds charged him with a slew of things - medicare fraud, wire and mail fraud, threatening witnesses, and others. Because of all the threats, Davis was held without bail from March to September 2003. He accepted a plea on the federal charges of 5 years and 2 million dollar fine. Shortly after he accepted a plea on the state charges of 7-10 years AFTER the federal time was over. 12-15 years in total. After discharge, he will owe the federal govt $1,000,000 plus interest.The other million was satisfied upon sale of his home and other assets.
Unfortunately, he did everything to himself - Hopefully, he'll get the help he needs and upon release at age mid 50's, get to know his kids and family and deal with all that he lost.
Last edited by docgary : 11th September 2005 at 10:52 AM.