•  
• 
• Tweet  
•  
• Email
• Print

Sometimes in life we are fortunate to meet someone who dedicates everything to a higher calling. For me, this person was David Breaux. While he had few financial resources, David was, by every measure that counts, a rich man.

A Stanford graduate, David committed his life to compassion and to inspiring others to compassion. He lived in Davis, California, and spent his days listening to people and encouraging them as an “unpaid street therapist,” as he called himself.

The citizens of Davis had another name for him: They called him “the Compassion Guy.” David became such a fixture in Davis that he commissioned and worked with the community to construct a bench dedicated to his mission; that location became widely known as Compassion Corner.

I hosted David several years ago, when he made a monthlong stay in Louisville, Kentucky, on what he called his “compassion tour.” While in town, David spoke on compassion and spent time on the streets of Louisville listening and talking about compassion with those he met. After the completion of his compassion tour, David returned home to Davis and spent many more years working his compassion mission there.

David’s life, dedicated to peace and nonviolence, ended violently April 27, 2023, when he was stabbed to death. The tragic loss of his life was grieved near and far. I later learned that prior to his death, David told his sister, Maria, “If I’m ever harmed and unable to speak for myself, forgive the perpetrator and help others forgive that person.” David wanted us to honor his life by responding to his death with forgiveness.

David’s example in life and in death prompted questions for me: What would I want if I was murdered? Would my family know my wishes? Why not put my intentions in writing?

Inspired by David and in honor of David’s memory, I wrote a death penalty will that I call my “David’s Will” in honor of my friend. While such a will could take many forms and vary in content based upon individual beliefs, here’s what I wrote so my family will have no doubt what my wishes are:

   ”It is my wish that this statement be read to my family and friends in the event that I am wrongfully killed or murdered.

   As the victim of a crime, I also request that my statement be read at any court hearing concerning the sentencing of anyone involved in my death.

   While it is the individual decisions of my family members and friends whether to forgive those who harmed me, I don’t want anyone to needlessly hold anger or resentment on my behalf. While I am gone from my body, I know that I am still present with those that I love and with those who loved me. Nothing dies. Life is a deep mystery. In the fullness of time, we will all be together again.

   Some people may want to do something in response to my wrongful death. If you are one of those people, it is my wish that you invest in restorative justice programs either with your time or your treasure. I have stipulated that a percentage of my estate be donated to restorative justice work, as well.

   Finally, to the one who caused this harm, I hope you do something with the rest of your life to help others. In helping others, you will help yourself. I have learned that goodness is its own reward. I want nothing but the best for you.

   Signed this 24th day of October 2023.”

As I have reflected on what it means to create a “David’s Will,” several benefits have become apparent. One is to help avoid family division. Whether people are for or against the death penalty, I have learned through my work with restorative justice that many family members of murder victims become divided over what constitutes justice for the offender. Making my intentions clear concerning my position on the death penalty could help avoid conflict for my grieving family, some of whom may be in favor of the death penalty while others may not.

Another benefit of a “David’s Will” is that it expresses the desire to end the cycle of violence. I remember David telling me that compassion is contagious in the same way violence is contagious. Retribution killing has been part of our world since the dawn of time.

But what if a murder victim expresses their wish that there be no revenge killing? It might decrease the call for vengeance and increase the possibility that no revenge would happen. Stopping the vicious cycle of revenge is not only a way to leave the world a better place but also a beautiful legacy to say, even posthumously, the violence stops here.

David’s fate could be the fate of any of us. Earlier in April 2023, before David’s murder, another friend of mine was killed in the mass shooting at the Old National Bank in Louisville. In his honor, his wife established a foundation that advocates for the reduction of gun violence. In explaining her choice to establish this foundation, she said she wanted to “be a good steward of her pain.”

Creating my “David’s Will” is my attempt to be a good steward of the pain that I’ve experienced with the loss of David’s life. I hope you, too, will consider writing your own version of a “David’s Will.”

Tom Williams is a member of Stoll Keenon Ogden. An advocate for restorative justice, Williams was recently featured on the Passionist Earth & Spirit Center’s podcast in an episode entitled “Big Love: Attorney Tom Williams on Contemplative Practice, Compassionate Justice and the Lawyer as a Healer.” Williams and his wife, Sarah, live in Louisville, Kentucky, and have three children—Lilly, Lincoln and Nelson.

ABAJournal.com is accepting queries for original, thoughtful, nonpromotional articles and commentary by unpaid contributors to run in the Your Voice section. Details and submission guidelines are posted at “Your Submissions, Your Voice.”

This column reflects the opinions of the author and not necessarily the views of the ABA Journal—or the American Bar Association.

Give us feedback, share a story tip or update, or report an error.