NC - Shaniya Davis, 5, 11/10/09 TRIAL THREAD

[coeurfragile]

Justice served. Onto the next!!

RIP Shaniya

 

[HeadExplodes]

Michael Futch ‏@FO_Futch 1m
Jury asks for photo of #ShaniyaDavis that "looks like a school picture." Judge sends it back as jury continues deliberations.

My heart tells me the jury had reached a verdict, and requested that picture to perhaps say a few words in her memory as a group, while looking at her sweet innocent image.

 

[Kimberlyd125]

My heart tells me the jury had reached a verdict, and requested that picture to perhaps say a few words in her memory as a group, while looking at her sweet innocent image.

Yes!

After seeing the photos of her in the kudzu patch and the autopsy photos, I think they needed another way to remember her.

She was such a little cutie!

 

[LadyL]

believe09: thank you for announcing this in another thread because otherwise I wouldn't have known & I feel terrible that I was so caught up in other cases that I missed it

it's been a long wait for justice for little Shaniya - off to get caught up now

 

[tlcya]

I love reading the brand spankin new thread title.

 

[MsFacetious]

I wish there was a way to send a message to everyone who followed Shaniya's case!
I know there are others who don't know yet.

 

[believe09]

I asked Admin if there was room on the front page or on a banner....feel free to do the same!

I think Shaniya deserves some consideration. People should know what she went through and how important today was. The person whose offense was far greater, imvho, has yet to come to trial and I hope she is shaking right now.

 

[borndem]

She had a family who loved her very much "down here".
And they still do.

JMO

She certainly did, Kimberlyd -- I didn't mean at all that she didn't have a loving family. Her father's heart is certainly broken into a million pieces, as well as the hearts of the rest of his family and friends -- I am glad that she knew real little-girl happiness with them.

What I meant was that she was not on the earth long enuff to get the chance to know a lot of people -- she was just a little girl. With her sweetness and beauty, she turned heads, and that would have continued, had she lived and met friends in school and other places. She just never got the chance.

 

[Crimson clover]

If I may...I'd like to chime in with a 'WOOHOO' on the GUILTY verdict. I admire those who have followed lil Shaniya's story in thought and prayer.

I tried once. Liked to lose my marbles with the horrific image of MAM with this innocent child cradled in his arms. It haunted me for days. The children here at WS melt me (still in newbie status with the innocents, I suppose)...and lil Shaniya's story was one of the deepest, darkest of them all. I cowered in weakness away from her thread...glanced at it only on brief moments. But, I'd sure like to celebrate with ya'll on this day of JUSTICE.

Rest in peace, sweet angel...Shaniya Davis.

 

[MsFacetious]

I asked Admin if there was room on the front page or on a banner....feel free to do the same!

I think Shaniya deserves some consideration. People should know what she went through and how important today was. The person whose offense was far greater, imvho, has yet to come to trial and I hope she is shaking right now.

I think Shaniya would fit right up there with Emma, just make Emma one line. :seeya:
In the meantime I will just hope people see my signature. :seeya:

 

[CHERIE.T]

Yeah! Justice for beautiful Shaniya!

 

[MsFacetious]

FYI this is the video of the READING of the verdicts. :seeya:
As I said, he was stoic.

Mario McNeill found guilty of murder of Shaniya Davis - YouTube

Mario McNeill found guilty of murder of Shaniya Davis

 

[borndem]

How could he be found guilty of kidnapping if the allegations against Shainya's mom, AD are true?

I am bummed about the rape conviction not going thru. But I kinda get the kidnapping thing.

Hiya, tlcya! :seeya:I think the prosecutors are just looking at this man and his offenses at this time, so that's part of it. Kidnapping, according to NC law is a lot like kidnapping is viewed by other states -- the main thrust of it is holding someone against his or her will. I've seen people charged with kidnapping because they held someone at gunpoint during a robbery, for example.

The following is from the NC General Statutes on Kidnapping:

§ 14‑39. Kidnapping.
(a) Any person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years without the consent of a parent or legal custodian of such person, shall be guilty of kidnapping if such confinement, restraint or removal is for the purpose of:
(1) Holding such other person for a ransom or as a hostage or using such other person as a shield; or
(2) Facilitating the commission of any felony or facilitating flight of any person following the commission of a felony; or
(3) Doing serious bodily harm to or terrorizing the person so confined, restrained or removed or any other person; or
(4) Holding such other person in involuntary servitude in violation of G.S. 14‑43.12.
(5) Trafficking another person with the intent that the other person be held in involuntary servitude or sexual servitude in violation of G.S. 14‑43.11.
(6) Subjecting or maintaining such other person for sexual servitude in violation of G.S. 14‑43.13.
(b) There shall be two degrees of kidnapping as defined by subsection (a). If the person kidnapped either was not released by the defendant in a safe place or had been seriously injured or sexually assaulted, the offense is kidnapping in the first degree and is punishable as a Class C felony. If the person kidnapped was released in a safe place by the defendant and had not been seriously injured or sexually assaulted, the offense is kidnapping in the second degree and is punishable as a Class E felony.
(c) Any firm or corporation convicted of kidnapping shall be punished by a fine of not less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000), and its charter and right to do business in the State of North Carolina shall be forfeited. (1933, c. 542; 1975, c. 843, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1983, c. 746, s. 2; 1993, c. 539, s. 1143; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 509, s. 8; 2006‑247, s. 20(c).)


http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-39.ht




So it's not so much that he "stole her" as much as it is he held her against her will, and more. Oh, those little details..

 

[borndem]

It's about half and half... half saying convicted on 6 counts and half saying convicted on 5 counts.
But ALL are saying convicted of MURDER.

Now, the question is what made him eligible for the death penalty?
Just the murder itself?? Or did they need kidnapping and/or rape for that?

It falls under what many folks call the felony murder rule... but here it is in the NC Statutes:

SUBCHAPTER III. OFFENSES AGAINST THE PERSON.
Article 6.
Homicide.
§ 14‑17. Murder in the first and second degree defined; punishment.
(a) A murder which shall be perpetrated by means of a nuclear, biological, or chemical weapon of mass destruction as defined in G.S. 14‑288.21, poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempted perpetration of any arson, rape or a sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon shall be deemed to be murder in the first degree, a Class A felony, and any person who commits such murder shall be punished with death or imprisonment in the State's prison for life without parole as the court shall determine pursuant to G.S. 15A‑2000, except that any such person who was under 18 years of age at the time of the murder shall be punished with imprisonment in the State's prison for life without parole.




http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-17.html


Yep, you said it, Facetious -- kidnapping, at least. I don't know what constitutes "sex offense."

 

[believe09]

It is a disgrace that the majors arent carrying this one. AP, HLN, CNN et al-you are simply adding fuel to the belief that a beautiful brown skinned child doesnt have the same journalistic value as a Caucasian victim. For shame. :burn:

 

[Kimberlyd125]

http://fayobserver.com/articles/2013/05/24/1258966?sac=fo.crime

"Justice is just starting to resonate," Bradley Lockhart, the little girl's 42-year-old father, said.

"I'm relieved the first phase is finally upon us," Lockhart said, noting that the jury will return Tuesday to decide if McNeill will be sentenced to life without parole or death. "I don't really have a position on it, but these predators attacking children are an epidemic."

"It's been painful," Lockhart said. "It's still extremely emotional."

 

[tlcya]

I too am disappointed in the lack of coverage. If the only benchmark is salaciousness and gory details, this case was as worthy of the media attention as any other.

I can't help but wonder, if Shaniya wasn't biracial, would this trial have gotten more coverage?

I don't want to believe that but it does make me wonder.

 

[menmo]

So thankful that some justice for beautiful Shaniya has been served. Waiting on her so called Mother to get her due, also.
This case sucked me in and haunted most every thought and emotion of mine, too. I still can see this carrying her in to her death. Every time I saw his name I would cringe but this time I am happy to see his name with the murder charges.
I will never understand how this could have been allowed to happen. How do you just hand your child over to a monster?

MOO

 

[sloane7777]

It is a disgrace that the majors arent carrying this one. AP, HLN, CNN et al-you are simply adding fuel to the belief that a beautiful brown skinned child doesnt have the same journalistic value as a Caucasian victim. For shame. :burn:

YEP, Remember all the crying NG did on her circus of a show , I sent her emails and tweets about non coverage of Shaniya's story all my tweets were deleted! She is too busy with Jodi (which is very sad and tragic) but Travis was a man, This is a small child! Travis story just teaches us crazy girlfriends can be fatal, but this baby had NO chance, and her story can make people realize what other people around your children are capable of.......and the momster.....this little girls story could save another child!:facepalm:

 

[sloane7777]

I too am disappointed in the lack of coverage. If the only benchmark is salaciousness and gory details, this case was as worthy of the media attention as any other.

I can't help but wonder, if Shaniya wasn't biracial, would this trial have gotten more coverage?

I don't want to believe that but it does make me wonder.

I dont think it I know it there alot of things that I didnt want to believe, but unfortuantly it happens, my children are biracial ive seen a few things firsthand, my oldest modeled for a big agency for several years and did print work and commericals -media is a funny thing I have seen some things firsthand, she has been airbrushed out of ads with other girls depending on what market they advertise in! (sad)