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Seven jurors seated in Fayetteville death penalty trial

Posted April 10, 2013
Updated April 22, 2013

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— Jury selection is moving along in the capital murder trial of the man accused of raping and killing a 5-year-old Fayetteville girl in 2009.

Mario Andrette McNeill, 32, is charged with kidnapping, rape and murder in the death of Shaniya Davis.

Seven jurors – five women and two men – had been seated by Wednesday morning, meaning five more and at least three alternates must be selected before testimony can be heard.

Shaniya's body was found in a kudzu patch off N.C. Highway 87 near the Lee-Harnett county line on Nov. 16, 2009, six days after her mother, Antoinette Nicole Davis, reported her missing from their mobile home on Sleepy Hollow Drive in Fayetteville.

McNeill on Tuesday rejected a deal that would have spared his life if he agreed to plead guilty in the case. His lawyers say he maintains he didn't kill the girl.

An autopsy determined that Shaniya died of asphyxiation and that injuries she suffered were consistent with a sexual assault. A medical examiner noted in the autopsy that investigators believe the girl was used to pay off a drug debt.

Antoinette Davis is charged with first-degree murder, indecent liberties with a child, felony child abuse, felony sexual servitude, rape of a child, sexual offense of a child by an adult offender, human trafficking and making a false police report. She will be tried after McNeill's case is over, and prosecutors aren't seeking the death penalty against her.

16 Comments

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  • ritamccoy Apr 15, 2013

    Why aren't the prosecutors seeking the death penalty against the mother? She is more at fault than anyone and she is the child's mother. She is the one who is supposed to protect her child and not sell her for drugs.

  • Country Girlz Have MORE fun Apr 12, 2013

    The loss of a child is a wound that doesn't heal...I feel so bad for her family. They have to relive this nightmare all over again.

  • garnertoy Apr 11, 2013

    Im surprised the trial wasnt moved.

  • iron fist Apr 11, 2013

    heard that one of the jurors saw a newspaper article, read it and then told all the other jurors about the plea offer. why do people do that? we don't need people that stupid on a jury.
    JAT
    This case has been and will be tried in the media. Mistrial coming up?

  • JAT Apr 11, 2013

    heard that one of the jurors saw a newspaper article, read it and then told all the other jurors about the plea offer. why do people do that? we don't need people that stupid on a jury.

  • Bartmeister Apr 11, 2013

    I find it interesting that they refused the plea deal. If he's convicted, wonder if they will appeal based on his lawyer gave him bad advice? Time will tell.

  • STRAWBERRY LETTER 23 Apr 10, 2013

    If this man did rape and kill this child, he should die. If not the death penalty, then put him in general population in prison and let all the other prisoners know what he did. Either way, it's the death penalty. But I like plan B better, because it's carried out slower, then!!!

    Beth

  • Obamacare rises Apr 10, 2013

    I seriously feel for those jurors. I can't imagine the horrible things they're going to hear and see.

  • ctya Apr 10, 2013

    I hope they do stream the trail.

  • diana123 Apr 10, 2013

    every time i see a kudzo patch i think of her.

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