Judge Timothy O'Grady sentenced Brian Davis to life in prison for murder in the first degree on April 9, 2015, in the Fremont County District Court.

Judge Timothy O'Grady sentenced Brian Davis to life in prison for murder in the first degree on April 9, 2015, in the Fremont County District Court.
Before passing sentence, O'Grady reviewed the supplemental motion for new trial and motion for arrest of judgment filed by Davis' attorneys, and overruled both motions.
Davis' attorneys alleged among other things that his case was prejudiced by the testimony of Dr. Jerri McLemore that the placement of the wound was unusual for suicide.  
Davis' attorneys said they didn't know she would be testifying about that or they'd have gotten an expert or at least reviewed statistics on locations of gunshot wounds in suicides.  
They also said McLemore didn't bring it up during her deposition.
O'Grady told the attorneys that regarding the testimony they were surprised by, the minutes (of McLemore) specifically mentioned the shotgun wound to the left cheek, and given that and her experience and examination of the body, and the fact that she would report on the cause and manner of death, that was enough notice and should have raised those issues for them.  
"They probably should have been touched on in the deposition," O'Grady paused, "I'm not finding or making any specific findings that that's ineffective assistance, but my ruling is that the minutes gave fair notice to Mr. Davis of the general nature of Dr. McLemore's testimony."
Having dealt with the defense's pleadings, the Judge asked Davis if he wanted to make any statements, and when he refused, asked Fremont County Attorney Corey Becker if he had any more to add.  Becker asked to have the victim impact statements read aloud.  Below are excerpts from each of the statements.
Roxanne Johnson, Victim Witness Coordinator, read the victim impact statement of Daniel Durben, Holly's father."To this day I can't talk or think about it.  She was my youngest.  I get all teared up. I feel he should be incarcerated for life without parole.  His family will still be able to see him, and we will never be able to see Holly again because he took that away."
Brittany Shinn, Domestic Abuse Advocate, read the victim impact statement of Ruby Durben, Holly's mother.
"Some days I am numb with pain in my heart that I couldn't do more to get her out of the abusive home she was in.  We had no idea the amount of pain and suffering that was happening.  You see, that's just the way abusers like it, alienating them from their families.  She was protecting us and I wasn't able to protect her."
Johnson read the victim impact statement of Dana Durben, Holly's sister.
"When we were asked to write a victim impact statement, my first thought was how insignificant!  Holly's dead.  Murdered.  Her precious life taken from her, from all of us.  How has it impacted me?  It will not bring her back.  No amount of tears can bring her back."
Heather Richardson, Holly's sister, took the stand to read her own victim impact statement, breaking into tears as she spoke, but smiling through them.
"What, if anything, do I wish to tell the Defendant regarding the harm committed to her family members?  You didn't win.  Holly intended to leave you, as I promised she would from day one.  I never doubted she would see you the way that I saw you, and I had no doubt she would have the courage to leave.  She had more courage and strength in a hair on her head than you do in your 6'7" body.  And I plan to fight.  I plan to fight all of your kind.  The weak, insecure, violent, murdering narcissists.  I plan to sleep well knowing you're going to get to experience a part of the Hell Holly endured with you."
After hearing the victim impact statements, O'Grady sentenced Davis to the custody of the Department of Adult Corrections of the State of Iowa for the rest of his life, ordered him to pay court costs, and the costs of his court-appointed attorneys, and make restitution to the estate or heirs of Holly Durben in the amount of $150,000.
Davis was to be transferred immediately after his sentencing hearing to the Iowa Medical and Classification Center  in Oakdale, Iowa, a reception center where essential intake activities for the prisoner would begin and take a minimum of 30 days.  
Those activities would include initiation of the central offender record, a comprehensive health screening and any necessary health services, basic orientation to Iowa’s correctional system, and other assessments such as psychological/psychiatric and educational.
Davis will receive his initial classification and institutional assignment based on demographic information, assessment results, custody level, and his program needs, and the Reception Center’s transportation section will then complete his transfer to his assigned institution.
After the sentencing hearing Becker spoke with members of Durben's family, celebrating the conclusion of their five year wait for closure.  
In their statements and in comments after the hearing many of Durben's family members expressed an active interest in focusing on ways to increase awareness of domestic violence and changing laws dealing with its aftermath.  The family praised Becker and former County Attorney James Burger, Sheriff Kevin Aistrope and Fremont County Law Enforcement Officers, and the Iowa Division of Criminal Investigation for all of their efforts and persistence in bringing the matter to conclusion.
"Domestic violence is one of the most heinous crimes out there," Becker stated, "because it happens in the home, with people we trust."