Local News

Trial in Fayetteville girl's kidnapping, death postponed

Posted February 7, 2013

Map Marker  Find News Near Me

— The trial of a man accused of buying, raping and killing a 5-year-old Fayetteville girl in November 2009 has been delayed until April.

Mario Andrette McNeill, 32, has been charged with murder, kidnapping and rape in the death of Shaniya Davis, whose body was found in a kudzu patch near the Lee-Harnett county line on Nov. 16, 2009, six days after her mother, Antoinette Nicole Davis, reported her missing from her Fayetteville home.

Jury selection in his capital trial was supposed to begin Feb. 18, but it has been rescheduled for April 8 after defense attorneys were granted more time to review evidence.

Defense attorneys Butch Pope and Terry Alford said 13 items are still at the State Bureau of Investigation, and they need to determine whether they should hire their own expert to examine them.

The defense also is trying to hire a geologist to review the state's analysis of soil samples from the kudzu patch.

Also, Cumberland County District Attorney Billy West told the defense that the results of DNA tests conducted out of state on seven hairs wouldn't be back until next week – a week before the trial was to begin.

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 separately, and prosecutors aren't seeking the death penalty against her.

Authorities say Davis was complicit in her daughter's death. Arrest warrants stated that she "did knowingly provide Shaniya with the intent that she be held in sexual servitude" and "did permit an act of prostitution with Shaniya."

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.

8 Comments

This story is closed for comments. Comments on WRAL.com news stories are accepted and moderated between the hours of 8 a.m. and 8 p.m. Monday through Friday.

Oldest First
View all
  • bluecanary Feb 13, 10:02 a.m.

    No. There was never anyone arrested in this case but this animal and the mother. They have him on video carrying the child into a hotel room. I understand that the defense has a job to do, but seriously, they have to drag it out like this? Oh, we need our own geologist to examine the dirt where the poor dead baby was found...THEY HAVE HIM ON VIDEO CARRYING HER INTO THE HOTEL ROOM! I suppose whatever they have to do to make sure that he doesn't get off later because there weren't enough of his cousins on the jury...

  • jackflash123 Feb 12, 3:49 p.m.

    "...give them a speedy trial.. Like 2 hrs at the most..."

    FYI, there was another guy arrested for this crime first. If WRAL commenters had their way, he'd have been tortured to death before his name was cleared.

    If something is worth doing, it is worth doing right, and that almost always takes more time than impulsive reactions.

  • Country Girlz Have MORE fun Feb 11, 1:17 p.m.

    I am so ready to see justice for this little girl. This woman sealed Shaniya's fate when she let this baby leave with that monster. She knew something bad was about to happen & she still allowed it. She should have the same fate as him.

  • torchhappysean Feb 11, 12:18 p.m.

    I don't understand why there is a delay??? These people were caught red handed so they can't argue that they are innocent so why is there a delay??? Save the money and give them a speedy trial.. Like 2 hrs at the most... Then take them to Central Prison and execute them!!!!

  • james18 Feb 7, 7:57 p.m.

    It just tears me up deep down inside, that the people responsible for this little girls torture and death are still breathing and living on this earth...They both need a needle in the arm.

  • kbird Feb 7, 4:21 p.m.

    Now this is something to be offended about!!!

  • OneLove Feb 7, 3:57 p.m.

    It is SO SAD it takes SO LONG to bring them justice. Beautiful girl RIP -

  • AConservativePerson Feb 7, 3:34 p.m.

    Both of the people involved should receive the death penalty. There should be no life sentence or anything else other than death. Once their sentence has been announced, they should be taken outside or to the prison and be put to death. There are NO extenuating circumstances in which they should receive anything other than the death penalty.