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October 17, 2011

A judge has cleared the way for prosecutors to seek the death penalty against the man accused of killing 5-year-old Shaniya Davis in 2009.

Prosecutors, however, told Superior Court Judge Jim Ammons in a hearing Wednesday that they do not intend to seek the death penalty for her mother, Antoinette Davis, 27, who is accused of giving up her daughter to pay off a drug debt.

Mario Andrette McNeill, 31, and Davis are both charged with first-degree murder in Shaniya's death.

Prosecutors intend to seek the death penalty against McNeill because of two aggravating factors - that he is accused of killing Shaniya during the commission of a rape and kidnapping and that the crime was "especially heinous, atrocious and cruel," District Attorney Billy West said.

West said in court that Antoinette Davis owed McNeill a $200 drug debt and that she was unwilling to have sex with him to pay it off. Instead, she offered her 5-year-old daughter to settle the debt, he said.

"This is a case of a rape and/or sex offense against a 5-year-old victim who was helpless to prevent her asphyxiation," West said. "Her body was left in a ditch after she was asphyxiated and this was done, allegedly, by someone she knew and perhaps even trusted."

McNeill's lawyers did not contest the prosecutors' bid to proceed with the case as a capital trial, saying only they do not agree with the prosecution's position.

"We would like the record to show we don't agree or concur with the DA's aggravating factors," defense lawyer Harold "Butch" Pope told the judge.

Ammons granted the prosecution's request to seek the death penalty.

Prosecutors then told the judge they do not intend to seek the death penalty against Antoinette Davis.

West said that after consulting with the state Attorney General's Office, prosecutors determined that a U.S. Supreme Court decision in 1982, Enmund v. Florida, would preclude the death penalty because Davis did not intend for her daughter to die.

That case established that the Constitution's Eighth Amendment prohibits death sentences for defendants in felony murder cases who did not themselves kill, try to kill or intend to kill anyone.

Prosecutors allege that Davis sold her daughter as a prostitute to pay off a drug debt to McNeill on the morning of Nov. 10, 2009. McNeill took the girl from the family's home in the Sleepy Hollow Mobile Home Park off Murchison Road at 5:47 a.m. and checked into a Comfort Suites hotel in Sanford at 6:11 a.m., West said.

At 7:33 a.m., McNeill got a tip that someone knew he had taken Shaniya and he left the hotel, West said. The child's body was found off Walker Road near the Carolina Trace community in Harnett County on Nov. 16, 2009.

West alleged that Antoinette Davis lied repeatedly in interviews with detectives until she finally confessed to giving McNeill her daughter to pay the drug debt.

Davis was charged in November 2009 with human trafficking, child abuse involving prostitution, filing a false police report and obstructing an investigation. She was indicted in July on additional charges including first-degree murder, rape of a child, taking indecent liberties with a child, committing a sexual offense, sexual servitude and making a false police report.

Since then, she has been held without bail at the Cumberland County Detention Center on the murder charge and on $1.5 million bail on the other charges. Prosecutors argued that her bail on the murder charge be set at an additional $1 million because of the seriousness of the offense.

Her lawyer, D.W. Bray, argued for reduced bail, saying she is not a flight risk or a danger to the community. He said Davis was free on bond for months before the indictment, and she always made her court dates. He said Davis held a steady job as a certified nursing assistant at the time of her daughter's death and that she has no criminal history.

"Of course, we will be denying the underlying theory of the state's case as to Ms. Davis in that there were substantial other factors that have not been taken into consideration," Bray said.

He said Davis was employed at the time she allegedly assumed the drug debt, and the prosecution's theory that she willingly surrendered her daughter to pay off the debt does not mesh with the kidnapping charge McNeill is facing.

"We like to point out to your honor that there were other parties living in the home, and we anticipate entering evidence at trial to indicate that communication that occurred between Mr. McNeill did not happen with Ms. Davis," Bray said. "It actually happened with another party that was residing in the home."

Ammons set Davis' bail at $2 million total. McNeill continues to be held without bail.

http://www.fayobserver.co...3?sac=Home

FUCK THIS BAIL AND TRIAL SHIT JUST KILL THEM!

Cut off his dick, his balls and then his hands and throw his ass off the tallest building in America.

Take her, soak her in gasoline and then light a match!

Disgusting ass animals that would do that to a child; a BABY! They do it because they know the punishment would be light and bearable. Some time in prison where they can kick it with their homies and watch tv and get a free education. RIDICULOUS!

and so the 'mother' of this child, who wouldnt have sex with this dude to pay off this debt, gives instead her 5 year old daughter??!!

and this being then takes said child away, rapes her, and kills her and dumps her like trash, then the 'mother' wants to say she's kidnapped??!! ( all alleged of course)

so in his 'mind' one is a good as the other..

beautiful child, please be now at peace

in before Casey Anthony is mentioned.

whistle said:

in before Casey Anthony is mentioned.

i thought about that as i was typing my post..

and i dont know what to say.. i live in florida.. not too far from orlando just outside tampa..

i will NEVER be able to understand a parent dumping their child like that..for anything..

most especially putting their needs above the childs own.

This is some repugnant shit.

I remember this. Sometimes I really hate people.

HotGritz said:

FUCK THIS BAIL AND TRIAL SHIT JUST KILL THEM!

Cut off his dick, his balls and then his hands and throw his ass off the tallest building in America.

Take her, soak her in gasoline and then light a match!

Disgusting ass animals that would do that to a child; a BABY! They do it because they know the punishment would be light and bearable. Some time in prison where they can kick it with their homies and watch tv and get a free education. RIDICULOUS!