Peter C. Harvey, Attorney General

Division of Consumer Affairs
Reni Erdos, Director

For Immediate Release:
December 9, 2003

For Further Information Contact:
Genene Morris, 973-504-6327

NEWARK - New Jersey has filed an emergency application before the Board of Medical Examiners seeking a temporary suspension of the medical license of an Ocean County podiatrist charged with attempting to murder a contractor who owed him approximately $30,000, Attorney General Peter C. Harvey and Consumer Affairs Director Reni Erdos announced today.

Mark S. Davis, D.P.M., of Toms River, must appear before the Board of Medical Examiners on Wednesday at 10 a.m. to demonstrate why he should be allowed to keep his license to practice podiatry in New Jersey. The State is seeking the temporary suspension of Davis' license pending a full hearing.

The State's complaint against Davis, who also maintains a practice in Staten Island, alleges the podiatrist hatched a plan to attack a contractor whom he hired to install a $75,000 home entertainment system. The State's complaint alleges the plan was devised after the contractor failed to finish the installation and to refund Davis approximately $30,000.

"The allegations against this doctor are extremely serious and warrant immediate action from the Board to suspend his license," Attorney General Harvey said. "We believe this practitioner has shown himself to be unfit to practice podiatry in the State of New Jersey."

"This case demonstrates our resolve to investigate allegations of wrongdoing and to take action to rid the medical profession in New Jersey of practitioners who threaten the public's health, safety and welfare," Director Erdos said.

"The serious criminal charges against this practitioner made it imperative that we immediately file a civil enforcement action, which we are pursuing in coordination with the criminal prosecution by the Monmouth County Prosecutor's Office," said First Assistant Attorney General Edward M. Neafsey.

To carry out the scheme, Davis allegedly instructed an employee to set up a meeting with the contractor at a vacant home under construction in Colts Neck under the guise of wanting to surprise her husband with a home movie theater. Davis allegedly showed the employee a long, black object and said he was going to "shock" the contractor, allegedly adding that if the shocking device and threats did not work, he would kill him.

At the meeting between the contractor and the employee, Davis allegedly showed up and told the employee to leave. Davis then began chasing the contractor. During the encounter, Davis allegedly pulled out a gun. The complaint alleges the contractor reported first hearing a click, but the gun did not fire. When Davis allegedly pulled the trigger a second time, it misfired. The contractor then began struggling with Davis who allegedly pulled a stun gun, hitting the contractor. The contractor managed to escape and call 911.

When police arrived on the crime scene, the owner of the property reported nail guns and air hoses had been stolen, the State@s complaint alleges.

During a search of Davis' residence, police found an "O-Mega 150,000 volts" stun gun and batteries, an empty blue hard plastic gun box labeled "Beretta USA," and a black plastic "Doskocil" gun guard case. Also at Davis' residence, police found three nail guns and four air hoses bearing the initials of a contractor who reported them stolen. Police also found plastic bags, one containing white powder and the other containing green vegetation. The State is awaiting results from forensic lab analyses of the substances.

Davis, who is not licensed to possess or carry firearms in New Jersey, is charged with attempted murder, aggravated assault, unlawful possession of a weapon, unlawful possession of a stun gun, burglary, theft and knowingly possessing a handgun without first obtaining a permit to carry.