Mario Andrette McNeill found guilty of killing 5 yr old Shaniya Davis, not of raping her

Oh yeah, this case is horrible! I thought we had way more than one thread on this case too.

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Updated at 05:06 PM today

FAYETTEVILLE (WTVD) -- The trial for the man accused of raping and killing 5-year-old Shaniya Davis has been postponed.

A judge granted Mario McNeil's attorney's request for a continuance until April 8. McNeil was originally scheduled to go on trail Feb. 18 in Cumberland County Superior Court.

The attorney said they need more time to evaluate the evidence and get an expert witness.

Authorities said the girl's mother gave the girl to McNeil to settle a drug debt in Nov. 2009.

The trial for the girl's mother, 28-year-old Antoniette Nicole Davis, was also delayed.

Senior Resident Superior Court Judge Jim Ammons on Wednesday granted the defendants' request for a continuance in both cases.

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This is a crock! They keep postponing as if they are going to find anything to prove their client is innocent. Damn that judge for letting this happen! Justice for Shaniya!
MOO.

Updated at 11:23 AM today

FAYETTEVILLE, N.C. (WTVD) -- Prosecutors have charged Mario McNeill with new charges in the death of 5-year-old Shaniya Davis.

McNeill appeared in a Fayetteville courtroom early Wednesday and entered not guilty pleas to charges of second-degree exploitation of a minor and third-degree exploitation of a minor. He already faces charges of first-degree murder, first-degree rape of a child, child abuse, human trafficking and sexual servitude.

McNeill is set to go on trial in April in Cumberland County Superior Court.

Authorities said the girl's mother gave the girl to McNeill to settle a drug debt in Nov. 2009.

The trial for the girl's mother, Antoniette Nicole Davis, is likely to come after McNeill's trial.

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NEWS - NORTH CAROLINA & REGIONAL - WIRE
Thursday, Feb. 14, 2013

Trials postponed in death of Fayetteville girl
The Associated Press

FAYETTEVILLE, N.C. -- A judge has agreed to postpone the trials for a man charged with raping and killing a 5-year-old Fayetteville girl and the child's mother, who is charged with giving up the child to pay a drug debt.
Both trials are now scheduled to begin April 8, although District Attorney Billy West said he plans to try Mario Andrette McNeil first.

McNeil, 32, is charged with raping and killing Shaniya Davis in 2009. The child's mother, Antoinette Nicole Davis, is charged with giving her daughter to McNeil to settle a drug debt.

McNeil pleaded not guilty Wednesday to two additional charges of sexual exploitation of a minor. He also faces charges of child rape, kidnapping, child abuse and human trafficking. He could be sentenced to death if convicted.
Davis, 28, is charged with murder, child abuse, sexual servitude, human trafficking, child rape and other offenses.

Superior Court Judge Jim Ammons agreed last week to delay the cases after defense attorneys said they needed more time to review 13 items that were still at the State Bureau of Investigation for examination.

The Fayetteville Observer reported that the motion said the defense wants retain a geologist to review and rebut the state's report comparing soil samples collected from the site in Harnett County where Shaniya's body was found.

McNeil is accused of assaulting the child in a Sanford hotel before killing her and dumping her body along N.C. 87 in Harnett County. She was found six days later.

Davis, who remains is in jail with bail set at $3.5 million, faces life in prison without parole if convicted.

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Published: 04:41 PM, Wed Feb 20, 2013

DOCUMENT:
Letter One
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DOCUMENT:
Letter Two
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By Michael Futch
Staff writer

Mario Andrette McNeill denies raping and killing 5-year-old Shaniya Davis in handwritten letters sent to The Fayetteville Observer.

McNeill, 32, is scheduled to stand trial April 8 in Cumberland County Superior Court. He faces the death penalty if convicted of the November 2009 killing.

He claims innocence in two letters postmarked Feb. 15 and addressed from the Cumberland County Detention Center. The Observer received the letters today.

In one, McNeill writes:

"I did not take or kidnap Shaniya Davis. I did not purchase, buy, trade, sell or exchange Shaniya Davis. I did not molest, sexually assault, rape or ravish Shaniya Davis. I did not kill, murder, or take Shaniya Davis's life, nor did I have any prior or beforehand knowledge as to what was to and/or did occur."

In the second letter, he disputes two recent charges of sexual exploitation, which he says are related to images found on his cell phone.

Authorities accuse Shaniya's mother of selling her child to McNeill to settle a drug debt, then falsely reported her child as missing. McNeill is accused of assaulting the child in a Sanford hotel before killing her and leaving her body along N.C. 87 in Harnett County. Shaniya was found six days later.

The case captured national attention almost immediately after the girl's mother, Antoniette Nicole Davis, reported her missing from their trailer home off Murchison Road. She also faces charges.

District Attorney Billy West could not be reached today for comment. He has previously declined to discuss specifics of the case.

McNeill's defense lawyers, Terry Alford and Harold "Butch" Pope, could not be reached for comment Wednesday.

West plans to try McNeill's case first. The trial had been scheduled to begin this week but was pushed back to April. He faces multiple charges including child rape, kidnapping, child abuse and human trafficking. If convicted, McNeill could be sentenced to death.

The trial for Davis, 28, also was delayed to April 8. She is charged with murder, child abuse, sexual servitude, human trafficking, child rape and other offenses.

Last week, prosecutors charged McNeill with second- and third-degree sexual exploitation of a minor. An indictment issued Feb. 11 accuses him of possessing a photograph of a female child about 9 to 12 years old engaged in sexual activity.

McNeill, who pleaded not guilty to the charges, wrote in his letter that the pictures were found on his phone. He said the female is a 23-year-old who looks like a teenager, and that he took the pictures when she was 20.

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By Michael Futch

Mario Andrette McNeill denies raping and killing 5-year-old Shaniya Davis in handwritten letters sent to The Fayetteville Observer.

McNeill, 32, is scheduled to stand trial April 8 in Cumberland County Superior Court. He faces the death penalty if convicted of the November 2009 killing.

He claims innocence in two letters postmarked Feb. 15 and addressed from the Cumberland County Detention Center. The Observer received the letters Wednesday.

In one, McNeill writes: "I did not take or kidnap Shaniya Davis. I did not purchase, buy, trade, sell or exchange Shaniya Davis. I did not molest, sexually assault, rape or ravish Shaniya Davis. I did not kill, murder, or take Shaniya Davis's life, nor did I have any prior or beforehand knowledge as to what was to and/or did occur."

In the second letter, he disputes two recent charges of sexual exploitation, which he says are related to images found on his cellphone.

McNeill's lawyers could not be reached for comment about his statements.

Authorities accuse Shaniya's mother of selling her child to McNeill to settle a drug debt, then falsely reporting her child as missing. Police say McNeill assaulted the child in a Sanford hotel before killing her and leaving her body along N.C. 87 in Harnett County. Shaniya' s body was found six days later.

The case captured national attention almost immediately after the girl's mother, Antoniette Nicole Davis, reported her missing from their home off Murchison Road. McNeill became a suspect soon after when surveillance cameras at the Sanford hotel captured images of him with the missing child on the morning she allegedly disappeared.

Cumberland County District Attorney Billy West could not be reached Wednesday to comment on McNeill's letters. He has previously declined to discuss specifics of the case.

West plans to try McNeill before trying Davis. His trial had been scheduled to begin this week but was pushed back to April. He faces multiple charges including child rape, kidnapping, child abuse and human trafficking.

Davis, 28, is charged with murder, child abuse, sexual servitude, human trafficking, child rape and other offenses.

Last week, prosecutors charged McNeill with second- and third-degree sexual exploitation of a minor. An indictment Feb. 11 accuses him of possessing a photograph of a female child engaged in sexual activity.

McNeill, who pleaded not guilty to the charges, wrote in his letter that the pictures were found on his phone. He said the female is a 23-year-old who looks like a teenager. He took the pictures when she was 20, he wrote.


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That photo will never leave my mind. He's as guilty as sin and it sounds like he's finally getting scared. They both deserve the .

Makes me sick and VERY sad!

FAYETTEVILLE, N.C. — Prosecutors have filed additional charges against a man accused of buying, raping and killing a 5-year-old Fayetteville girl in November 2009.

Mario Andrette McNeill, 32, has been charged with second-degree exploitation of a minor and third-degree exploitation of a minor. He previously was 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. His trial on all charges is scheduled to begin April 8. If convicted, he could face the death penalty.

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Thanks for the update LM. This is good news.

By Michael Futch

Lawyers for the man accused of raping and killing 5-year-old Shaniya Davis were denied a second continuance in the case Tuesday in Cumberland County Superior Court.

Mario Andrette McNeill's lawyers said they needed more time to consult with their experts.

Senior Resident Superior Court Judge Jim Ammons, who is scheduled to try the case, turned down the request.

Jury selection is scheduled to begin Monday in the capital murder trial.

McNeill, 32, was originally scheduled to go on trial Feb. 18, but Ammons postponed the date to April 8.

The trial for Shaniya's mother, Antoniette Nicole Davis, also has been delayed and should begin following McNeill's case.

McNeill has pleaded not guilty to multiple charges, including first-degree murder, child rape, kidnapping, child abuse and human trafficking. If convicted, he could face death.

Authorities say McNeill assaulted the girl in a Sanford hotel before killing her and dumping her body along N.C. 87 in Harnett County. She was found six days later.

Davis, 28, is charged with murder, child abuse, sexual servitude, human trafficking, child rape and other offenses. She is accused of giving Shaniya to McNeill to settle a drug debt.

Shaniya was reported missing on Nov. 10, 2009.
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:cheering:

Wonder if it w/be televised.

Sadly, I agree with every word you just said Nite.

by Nicole Carr
On Monday, the trial for one of the most notorious murder cases in the state in the last decade will begin. In 2009, 5-year-old Shaniya Davis was given up by her mother to settle a drug debt. The little girl was raped and murdered and dumped in the woods.

Mario McNeill, her accused murderer, goes on trial Monday. In an attempt to delay the trial, stacks of last-minute motions were filed this week.

Through court documents, ABC11 learned that McNeill may have known Shaniya's family long before her murder.

Defense attorneys have requested a physical examination of the child's now 23-year-old aunt, who admits to dating McNeill for three months, prior to Shaniya's murder.

The state claims pornographic images of a minor were found on McNeill's cell phone. McNeill says the photos are of Shaniya's aunt. He denies the woman was a child at the time the pictures were taken. Shaniya's aunt denies that the photos are of her.

Because of the pornography, McNeill faces second and third-degree child sexual exploitation charges, on top of numerous others related to Shaniya's kidnapping, rape, and murder.

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Published: 07:05 AM, Sun Apr 07, 2013
By Michael Futch
Staff writer

The father of Shaniya Davis says he has forgiven her mother.

But Bradley Lockhart said he often finds himself reflecting on what might have been, four years after Shaniya was raped and killed in a case that has attracted national attention.

Shaniya would have turned 9 on Valentine's Day.

"We were extremely close," Lockhart said. "Shaniya spent the majority of time with me and her siblings. You miss those days. The first day she got on a bicycle. Her brother pushing her around with training wheels on it. You miss her scratching your car with a scooter. You miss birthdays. You wonder who she would be today.

"It's extremely hard when you see other kids in the neighborhood and watch them grow up. That's one of my frequent thoughts when I sit on my porch."

On Monday, the capital murder trial for Mario Andrette McNeill, the man accused of killing Shaniya, is scheduled to begin in Cumberland County Superior Court.

McNeill, who is 32, will face a jury that could sentence him to death. Charges against him include first-degree murder, child rape, kidnapping, child abuse, human trafficking and sexual exploitation of a child.

Cumberland County District Attorney Billy West anticipates jury selection to take a couple of weeks. He expects the entire trial will last six to eight weeks.

West declined to discuss specifics about the case, citing ethics rules. McNeill's lawyers, Terry Alford and Harold "Butch" Pope, did not return telephone messages.

Senior Resident Superior Court Judge Jim Ammons, who has denied a request by McNeill's lawyers to remove the possibility of the death penalty, will preside over the trial.

The case first captured national attention in November 2009, when the child's mother, Antoniette Nicole Davis, reported Shaniya missing from a mobile home where they were staying off Murchison Road.

The report kicked off a nationwide search involving the FBI and the U.S. Marshal's Service. Pictures of Shaniya aired on national television shows, and Fayetteville police said they received hundreds of tips.

Shaniya's body was found six days later.

Police say Davis fabricated the story about her missing child after selling Shaniya to McNeill, who allegedly assaulted her in a Sanford hotel before killing her and dumping her body along N.C. 87 in Harnett County.

Because the case involves the murder of a child, longtime Fayetteville lawyer Carl Ivarsson said, it will be more difficult for the defense team to win a not guilty verdict.

"With a child victim, I think there's a lot of natural sympathy flowing to the child's family," Ivarsson said. "So, a defense attorney would need to address that in court. They need to make sure there are jury instructions which remind the jury that they must follow the law and not their natural sympathies, which could be difficult to do, especially with a child victim.

"A child victim is an innocent victim. The child did nothing to put herself in position to be killed, unlike a crack dealer on a street corner."

Davis, 28, will be tried after McNeill. She faces charges that include first-degree murder, child abuse, sexual servitude, human trafficking and child rape. Her trial is expected to last about a month.

If convicted, Davis is looking at life in prison without parole.

She is accused of handing over the child to McNeill to settle a drug debt.

"I don't know what was going through her mind at that time. I can't give you an honest answer on that," Lockhart said. "Would I ever have expected Antoniette to make a decision like this or did she make a decision like this? I would not have expected any mother to make a decision like this with their child.

"If I had known she would have made a decision like this, Shaniya would never have been there."

Lockhart said he has not spoken to Davis since her confinement.

"Me, personally, I've forgiven her," he said. "I think blame is too direct, as far as personally. What are you blaming? The death of Shaniya or (Davis') actions? It's too broad. Too opinioned."

Lockhart spoke by phone late last month from his home in Alabama, where he says he had planned to move for a job before his daughter's death. He works as a regional environmental safety manager for a construction company.

Through the years, he has returned to Fayetteville on occasion. He said he plans to be in the courtroom for most of the trials.

As far as he knows, Lockhart said, he will not be called as a witness.

Following Shaniya's murder, Lockhart received criticism for allowing his daughter to stay with Davis in Sleepy Hollow Mobile Home Park.

Last month, Lockhart said he had no idea that Shaniya and her mother were living at that location with Davis' sister.

"I had given her a deposit to live in her own place. It was downtown," he said. "I had no knowledge of that. I still don't know why she was at the other place. Was she evicted? I don't know."

Lockhart tends to speak philosophically, more from a detached perspective, when asked how he hopes the juries will decide the fates of Davis and McNeill.

"Really, like I stated over three years ago," he said, "it's really not up to me to decide. It's up to the justice system to determine this. Our society is so corrupt, so tainted. We all get caught up emotionally. We need to take a step back. It's not anything I should be making a decision on. I'm just faith-driven, and it's not up to me, in a nutshell."

In February, McNeill proclaimed his innocence in two handwritten letters he mailed to The Fayetteville Observer from the Cumberland County Detention Center.

In one letter, he wrote: "I did not take or kidnap Shaniya Davis. I did not purchase, buy, trade, sell or exchange Shaniya Davis. I did not molest, sexually assault, rape or ravish Shaniya Davis. I did not kill, murder, or take Shaniya Davis's life, nor did I have any prior or beforehand knowledge as to what was to and/or did occur."

Asked about McNeill's claims, Lockhart replied, "Do I believe him? Based off the (hotel surveillance) video and stuff, of course not. Again, I'm not the judge. I'm not the jury. These are questions he has to answer for himself. He has to go through the (judicial) process."

The looming trial has created buzz on social media, but it does not appear that national TV media will be covering the trial.

Ellen Hancox, the county's trial court administrator, said Tuesday she had not received requests from national cable channels to cover the trial since the court date was continued from Feb. 18 to Monday.

"It's sort of unpredictable what stories they may or may not be interested in," she said.

Gena Osborne, who lives in Tennessee, said she's a member of a couple of groups on Facebook that have been waiting for the trial to begin. Her Facebook groups include Shaniya's Angels. Another group dedicated to the child's memory, Justice for Shaniya Nicole Davis, is also on Facebook.

"I know for a fact," Osborne said by email, "that there are many, many of us - people of all ages, all color and all gender - who have been checking in with each other on Facebook looking for info and asking for any information anyone can find to be shared with our groups."

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This so called father evidently didn't check out his ex that well. If he had given her money for an apt, WHY did he drop her off at that horrible trailer? He Needs to be called as a witness. He should feel guilty as all hell for dropping precious Shaniya off at that drug infested place. I have Zero sympathy for this "father".

Mon Apr 08, 2013



No jurors had been seated in the Shaniya Davis murder trial by lunch break today.

The judge said he expects the lawyers to agree on at least a few jurors by the end of the day in the trial of Mario McNeill, but court officials have said jury selection could take up to two weeks.

McNeill is accused of raping and killing 5-year-old Shaniya in 2009. His lawyers said this morning that he admits he took the girl from a trailer park off Murchison Road and brought her to a Lee County hotel, though he denies killing her.

During the morning session, 16 prospective jurors from the original pool of 97 had been dismissed for various reasons, including medical conditions, a scheduled surgery and status as an enrolled student.

Senior Resident Superior Court Judge Jim Ammons spent time summarizing legal procedures.

The remaining 81 prospective jurors were then divided into seven panels. Those on three panels were asked to return to the jury room after lunch at 2:30 p.m., while the four other panels were excused for the day but must call back for further instructions after 5 p.m.

"Now, don't talk to anybody about this case," Ammons told them.

McNeill, 32, faces the death penalty. The proceeding began today with his lawyers saying he acknowledges that he was at the Sleepy Hollow mobile home park where Shaniya's mother lived in 2009 and left the park with the child. They also said he also acknowledges having Shaniya at the Sanford hotel, where a video camera caught footage of them, and leaving with her.

Police say Shaniya's mother, Antoniette Nicole Davis, gave her child to McNeill to settle a drug debt. McNeill is accused of assaulting the girl in the hotel before killing her and dumping the body in woods along N.C. 87 in Harnett County.

McNeill is being tried on seven charges: first-degree murder, first-degree rape of a child, first-degree kidnapping, human trafficking with a child victim, sexual servitude with a child victim, sexual offense of a child and indecent liberties with a child.

McNeill entered the courtroom this morning with a smile. He wore a dark green sports shirt, slightly baggy blue jeans and white tennis shoes. His dreadlocks were drawn back into two long tails.

His mother is attending. She declined comment.

Also attending is Shaniya's father, Bradley Lockhart, and at least a couple of his friends. He now lives in Alabama and recently said he plans to attend most of the trial.

Cumberland County District Attorney Billy West anticipates the entire trial will last six to eight weeks. Ammons plans to have court in session Mondays through Thursdays.

West and his assistants want to supplement the 12 jurors with four alternates; defense lawyers want just three alternates.

The case captured national attention in November 2009, when Davis reported Shaniya missing from their home. The report kicked off a nationwide search involving the FBI and the U.S. Marshals Service. Pictures of Shaniya aired on national television shows, and Fayetteville police said they received hundreds of tips.

Shaniya's body was found six days later.

Davis, 28, is accused of making up the story about her child going missing. She will be tried after McNeill. She faces charges that include first-degree murder, child abuse, sexual servitude, human trafficking and child rape. Her trial is expected to last about a month.

If convicted, Davis faces life in prison without parole.


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April 8th 04:44 PM


FAYETTEVILLE (WTVD) -- There's was a major twist Monday in the trial for the man accused in one of the most notorious murders in the state.
Mario McNeill, 32, is charged with raping and killing five-year-old Shaniya Davis in Nov. 2009.

Jury selection got underway Monday morning but ABC11 has learned that the trial could be over by Tuesday.

The state is willing to skip the trial and go straight to sentencing if McNeill enters a guilty plea.

The change came in light of a denied motion in which McNeill's previous attorney, Allen Rogers, allowed McNeill to make statements to investigators that helped find Shaniya's body. This was, according to the defense, under the assumption that the state would take the death penalty off the table. However, that did not happen.

Monday, the judge decided there was no evidence of this agreement. In turn, the defense wants all evidence -- GPS, telephone records, and statements -- taken out as evidence.

Prosecutors then said if McNeill would plead guilty, they would go straight to sentencing, which would mean a life sentence for McNeill.

A decision will be made Tuesday morning.

In the meantime, potential jurors are being questioned about their beliefs on the death penalty. Four have already been dismissed, one saying they don't believe in it because it would end McNeill's suffering.

In 2009, Shaniya Davis was given up by her mother to allegedly settle a drug debt. Authorities said the 5-year-old girl was raped and murdered and then dumped just off Highway 87 near the Lee-Harnett county line.

McNeill has denied the allegations.

On Monday, McNeill pleaded not guilty to the first-degree murder, first-degree rape of a child, and other charges related to Shaniya's death, but acknowledged he was at the girl's Fayetteville home on November 10. He also acknowledged he was at a motel in Sanford with Shaniya and left with her.

A security camera at the motel captured McNeill with the little girl in his arms waiting for an elevator. Her body was found days later in a ditch.

Superior Court Judge Jim Ammons repeatedly asked McNeill if he understood what he was admitting to, and he repeatedly said "Yes".

Before jury selection began Monday, Judge Ammons announced that the state had dropped the felony child abuse by bodily harm and prostitution charges McNeill also faced on top of the numerous other charges. There is no word yet on what's behind that particular decision.

The state had claimed pornographic images of a minor were found on McNeill's cell phone. McNeill said the photos were of Shaniya's now 23-year-old aunt -- who admitted to dating McNeill for three months prior to Shaniya's murder -- and denied the woman was a child at the time the pictures were taken. Shaniya's aunt has denied that the photos were of her.

Judge Ammons also told Shaniya and McNeill's family and friends who were in court Monday that, "If something is happening in the courtroom and you don't like it or it upsets you, you need to leave."

Jury selection for McNeill's capital murder trial is expected to last two to three weeks. About 15 or 16 jurors are slated to be selected, with three alternates.

Dozens of witnesses will be called during the trial, which is expected to last three months. Witnesses range from family members to detectives, and even investigators in the Virgin Islands.

There's a chance McNeill could testify, but it will be determined further along in the trial.

Shaniya's mother, 25-year-old Antoinette Davis, is also facing human trafficking and child abuse involving prostitution charges in connection with her daughter's death. It is unclear if she will testify during McNeill's trial.


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Wow! I hope he pleads guilty. If he gets the DP it will take 20-30 years anyway.

He's so darned arrogant..makes me wonder if he thinks he's another "Einstein" and can get away w/it. I HOPE he pleads out..

Story posted 2013.04.09 at 09:51 AM EDT

The man accused in one of the most notorious murders in the state has declined an 11th hour plea deal.

Mario Andretti McNeill, 32, maintained his innocence Tuesday morning, after the state said Monday it would skip the trial and go straight to sentencing if he entered a guilty plea.

McNeill faces first-degree murder, first-degree rape of a child and other charges related to the death of 5-year-old Shaniya Davis. He could face the death penalty if convicted.

In November 2009, Shaniya was given up by her mother to allegedly settle a drug debt. Authorities said the girl was raped and murdered and then dumped just off Highway 87 near the Lee-Harnett county line.

Jury selection got underway Monday morning, but the state decided it would skip the trial and go straight to sentencing if McNeill entered a guilty plea.

The change came in light of a denied motion in which McNeill's previous attorney, Allen Rogers, allowed him to make statements to investigators that helped find Shaniya's body. This was, according to the defense, under the assumption that the state would take the death penalty off the table. However, that did not happen.

Superior Court Judge Jim Ammons decided there was no evidence of this agreement. In turn, the defense wants all evidence -- GPS, telephone records, and statements -- taken out as evidence.

Prosecutors then said if McNeill would plead guilty, they would go straight to sentencing, which would have meant a life sentence for McNeill.

Now, potential jurors will continue to be questioned about their beliefs on the death penalty. Eighty-seven potential jurors were interviewed Monday. None of those was chosen.

Jury selection is expected to last two to three weeks. About 15 or 16 jurors are slated to be selected, with three alternates.

There's a chance McNeill could testify, but it will be determined further along in the trial.

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I did not post the beginning of this article as it says the same thing Wraps does.

Jury selection starts
Jury selection got under way Monday. Twelve jurors plus at least three alternates are to be picked.

"We're looking for 12 folks who can be entirely fair and impartial," Ammons said. "Be completely open and honest with your answers."

Court officials have said jury selection could take up to two weeks. By the end of the day, 26 out of 97 potential jurors had been excused and none seated.

The jurors were excused for various reasons, including medical conditions, a scheduled surgery, status as an enrolled student and views on the death penalty that influenced whether or not they could put someone to death or life imprisonment.

McNeill entered the courtroom with a smile, and wearing a dark green sports shirt, slightly baggy blue jeans and white tennis shoes. His dreadlocks were drawn back into two long tails.

His mother attended.

Others attending are Shaniya's father, Bradley Lockhart, family members and at least a couple of Lockhart's friends.

Lockhart now resides in Alabama and recently said he plans to attend most of the trial.

On Monday, lawyers on both sides agreed that the entire trial, including jury selection, should take about two months.

The court started vetting some of the potential jurors, while the rest were either told to return today or call back Monday night for further instructions.

"Now, don't talk to anybody about this case," Ammons told them.

West and his assistants want to supplement the 12 jurors with four alternates; defense lawyers want just three alternates.

Police say Shaniya's mother, Antoniette Nicole Davis, gave her child to McNeill to settle a drug debt.

McNeill is accused of assaulting the girl in the hotel before killing her and dumping the body in woods along N.C. 87 in Harnett County.

McNeill is being tried on seven charges: first-degree murder, first-degree rape of a child, first-degree kidnapping, human trafficking with a child victim, sexual servitude with a child victim, sexual offense of a child and indecent liberties with a child.

Ammons plans to have court in session Mondays through Thursdays.

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By Michael Futch
No jurors have been selected to try Mario McNeill following the second day of proceedings in his capital murder trial in Cumberland County Superior Court.

On Tuesday, another four prospective jurors were excused from the Shaniya Davis case, where McNeill is facing seven charges, including first-degree murder and first-degree rape of a child.

Senior Resident Superior Court Judge Jim Ammons dismissed one potential juror who prosecutors wanted.

The woman volunteers with the Fayetteville Police Department's community program Citizens On Patrol. She acknowledged that she knows many of the department's officers.

The woman said she was at the scene in the Sleepy Hollow Mobile Home Park in a neighborhood patrol capacity Nov. 10, 2009, the day Shaniya Davis was first reported as missing.

"We, in effect, have a police officer involved in this case," Terry Alford, a defense lawyer, told Ammons. "I think it's too much, judge. I ask that she be relieved."

Ammons asked the prosecution what it thought of Alford's request.

"We object," said Robby Hicks, an assistant district attorney.

After lunch, Ammons elected to dismiss the woman, but not before questioning aloud the request from the defense.

"It seems to me the juror never said she couldn't be fair," he said.

Following a pause, he said, "At my discretion, I'm going to dismiss her for cause."

Another jury candidate was excused after Ammons learned he had reported for jury duty sick. A third one was the parent of a child involved in a car crash Monday.

The trial is scheduled to resume today at 9:30 a.m., with the defense in the process of questioning 11 potential jurors.

The biggest revelation unfolded early Tuesday, when defense lawyer Harold "Butch" Pope rejected an offer made to his client to plead guilty to the murder and rape of 5-year-old Shaniya, opting instead to risk the chance a jury could convict and sentence McNeill to death.

"He maintains his innocence and respectfully declines the plea offer," Pope told the judge.

If McNeill had taken the deal, he would have been sentenced to life in prison without parole.

After McNeill declined the plea offer through Pope, Ammons said the offer had expired.

McNeill, 32, dressed for court for the second consecutive day in a dark green sports shirt, blue jeans and white tennis shoes.

He showed no reaction to the plea rejection.

His mother, a stoic presence, attended the trial and sat up front in the seating area, not too far from her son.

Across the room, Shaniya's father, Bradley Lockhart, was accompanied by Shaniya's aunt, Carey Lockhart-Davis, and Shaniya's half-sister, Cheyenne Lockhart. A couple of his friends sat with them.

Much of Tuesday's jury selection process involved Hicks and Alford questioning potential jurors.

Just after 11:30, Alford started the defense's line of questioning.

He asked what was important in their lives. Had they or family members ever been involved in a crime? What did they know about the Shaniya case? Where had they picked up those details?

Alford pressed them on their views on the death penalty, and whether they knew the two potential punishments in the state for first-degree murder: life without parole or execution.

"We're looking for 12 people willing to say ... 'I'm willing to listen and go all the way to the end to make a decision,' " he said.

Could they, Alford asked each of them, be able to make either determination should the defendant be found guilty of first-degree murder?

One woman, an assistant manager for a convenience store, said, among other details, that she learned "only that she was a pretty little girl. I saw pictures of her."

She recalled the sense of disbelief after learning of the crime.

"Not like something in real life," she said. "I don't like things like that. I put it out of my mind."

Alford prodded further.

"We're talking about a 5-year-old child and sexual allegations," he said. "Some jurors say, 'Don't talk to me about life without parole.' Even with that fact, could you still consider both punishments?"

In the end, they all said they could.

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Most know of this case. They are going to be hard-pressed to find a jury. MOO.

23 potential jurors dismissed. 7 chosen. Via twitter feed.

Seven jury picks in Mario McNeill trial to be brought back
By Michael Futch
After being excused for the week, the seven jurors selected Wednesday in the capital murder trial of Mario McNeill are being called back in because of concerns over possible exposure to news media.

On Wednesday morning, five women and two men were selected to hear the case against McNeill, who is accused of raping and killing 5-year-old Shaniya Davis in November 2009.

Twelve regular jurors must be seated along with three or four alternate jurors before testimony begins. The trial is expected to last about eight weeks.

Court resumes this morning at 9:30.

On Wednesday, the plan was to have the seven seated jurors call in after 9 a.m. Friday. Cumberland County Superior Court Judge Jim Ammons said he felt comfortable letting them go for the week and "go back to regular life" until needed.

But before ending court Wednesday, Ammons said he was going to bring the seven jurors back in and re-emphasize his orders to refrain from having conversations or reading and watching news about the case.

He did not say when he was having them report back.

Ammons also said he would be repeating his instructions with other potential jurors.

Twenty-four prospective jurors were dismissed Wednesday.

The last one was a woman who said she had looked at headlines and accompanying photographs on the front of copies of The Fayetteville Observer in a newspaper box near an entrance to the Cumberland County Courthouse.

She told Ammons that she had twice seen the front of the newspaper while entering the courthouse this week. This came after she had been directed to refrain from any media coverage of the trial.

"I think one thing," she said to the judge, "I would be iffy about pleading guilty."

"All right," Ammons said. "Thank you very much."

Her indiscretion came to light while defense lawyer Harold "Butch" Pope was questioning her. At the time, Pope was vetting prospective jurors.

The woman said she believed two other members of the jury pool were with her Wednesday when she saw the newspaper that headlined a plea deal offered by the state to McNeill. She also cited a separate incident.

"All right," Ammons said after she left the courtroom, "if I'm looking at this right, she's looked at the paper twice and discussed the case twice."

She was excused for cause.

The four remaining jurors in the jury box said they had not seen anything since being called in to jury duty that could impact any decision-making on their part.

"I don't even buy newspapers," one woman said to some laughter.

McNeill, 32, is facing seven charges, including first-degree murder and first-degree rape of a child. Authorities say Shaniya's mother handed over her child to McNeill to settle a drug debt, then falsely reported her child was missing. McNeill is accused of taking the girl to a Sanford hotel and assaulting her before dumping her body off N.C. 87 in Harnett County. The mother, Antoniette Nicole Davis, 28, faces similar charges and is awaiting trial.

Ammons said he doesn't expect jury selection in McNeill's trial to finish by the end of the week.
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Two more jurors were selected Thursday in the capital murder trial of Mario McNeill, and one previously selected was released, bringing the number of seated jurors to eight.

"All right. We're rolling backward now," said Cumberland County Superior Court Judge Jim Ammons, who is trying the case.

McNeill, 32, is accused of raping and killing 5-year-old Shaniya Davis in November 2009.

Thus far, the seated jury includes five women and three men.

Court resumes today at 9:30 a.m.

The fourth day of jury selection ended on an odd note, when a prospective juror fainted in the spectator seating area of the courtroom. Sheriff's deputies, part of the courtroom security, rushed to help the man, spreading him out on the floor.

"Are you diabetic?" one of the officers asked.

"Yes, sir," the man said.

He was taken out on a stretcher.

Ammons said he was told the man had regained consciousness and that his blood sugar checked out fine. The juror has been excused from the trial.

On Thursday, 27 more prospective jurors were excused.

Twelve regular jurors must be seated along with three or four alternates before testimony begins.

One of the seven jurors who was seated Wednesday was excused Thursday after she told the judge that her job would not pay her while she served on jury duty. The case is expected to run six to eight weeks.
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Published: 06:56 AM, Tue Apr 16, 2013
By Michael Futch
Staff writer

Another juror was selected Monday in the Mario McNeill capital murder trial, bringing the number of seated jurors to 10.

Twelve jurors are needed, plus an additional three or four alternates, before testimony begins.

Jury selection resumes at 9:30 a.m. today in Cumberland County Superior Court.

McNeill, 32, is accused of kidnapping, raping and killing 5-year-old Shaniya Davis in November 2009. He faces the death penalty if convicted.

When the defense excused a white female potential juror Monday afternoon, Judge Jim Ammons expressed concern that the defense had shown a pattern of using peremptory challenges to block whites from serving on the jury.

It is illegal to dismiss a juror based on race.

The seated jury is split down the middle with five blacks and five whites.

Defense lawyer Terry Alford explained their reasoning behind the challenges, and Assistant District Attorney Robby Hicks told Ammons those reasons were sufficient.

"I want to make sure it's done properly," Ammons said.

On Monday, 19 potential jurors were excused.

One potential juror became emotional as the defense questioned her, remarking "that she (Shaniya) was so young." Another said he took medication that affects his concentration.

The trial, which began April 8 with jury selection, is expected to run about seven more weeks.

McNeill faces seven charges, including first-degree murder and first-degree rape of a child. Authorities say Shaniya's mother handed over her child to McNeill to settle a drug debt, then falsely reported her child missing.

McNeill is accused of taking the girl to a Sanford hotel and assaulting her before dumping her body off N.C. 87 in Harnett County.

The mother, Antoniette Nicole Davis, 28, faces similar charges and is awaiting trial.

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Published: 02:03 PM, Tue Apr 16, 2013
By Michael Futch
Staff writer

At today's lunch recess, prosecutors and the defense had not seated another juror in the Mario McNeill capital murder trial in Cumberland County Superior Court.

A 10th juror was selected Monday for the regular 12-member jury. An additional three or four alternates will also be chosen before testimony begins.

After vetting by Judge Jim Ammons and state attorney Rita Cox, four prospective jurors were excused. One was a man who failed to tell Cox that he had a pending assault charge on a female that's scheduled later this month in Cumberland County.

Another was a woman who said she had been molested by an aunt's boyfriend when she was about 8 years old and had witnessed her mother's murder by a friend of her father.

"She's been through enough in her life," said Harold "Butch" Pope, a lawyer for the defense.

Overall, five jurors were dismissed.

Jury selection resumes at 2:30 p.m. with one man in the jury box. A second potential juror is expected to be called and questioned.

McNeill, 32, is accused of kidnapping, raping and killing 5-year-old Shaniya Davis in November 2009. He faces the death penalty if convicted.

The trial, which began April 8 with jury selection, is expected to run about seven more weeks.

McNeill faces seven charges, including first-degree murder and first-degree rape of a child. Authorities say Shaniya's mother handed over her child to McNeill to settle a drug debt, then falsely reported her child missing. McNeill is accused of taking the girl to a Sanford hotel and assaulting her before dumping her body off N.C. 87 in Harnett County.

The mother, Antoniette Nicole Davis, 28, faces similar charges and is awaiting trial.

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Thanks for the updates.

You're welcome!

The last of the 12 jurors have been seated in the trial of a man accused of raping and killing a 5-year-old Fayetteville girl.

The Fayetteville Observer reports (http://bit.ly/ZyIoaG) that the jury has eight women and four men. Three or four alternate jurors need to be seated.

Earlier, eight potential jurors had been excused, including a woman who said her husband was a childhood friend of Mario McNeill, the 32-year-old accused of raping and killing Shaniya Davis in November 2009. Another potential juror was excused because he didn't tell prosecutors he was facing an assault on a female charge.

McNeill could face the death sentence if convicted of murder.

Shaniya's mother also faces charges that she sold her daughter to pay a drug debt. Antoinette Davis hasn't been tried yet.

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Published 1:45 am, Wednesday, April 17, 2013

FAYETTEVILLE, N.C. (AP) — The last of the 12 jurors have been seated in the trial of a man accused of raping and killing a 5-year-old Fayetteville girl.

The Fayetteville Observer reports (http://bit.ly/ZyIoaG) that the jury has eight women and four men. Three or four alternate jurors need to be seated.

Earlier, eight potential jurors had been excused, including a woman who said her husband was a childhood friend of Mario McNeill, the 32-year-old accused of raping and killing Shaniya Davis in November 2009. Another potential juror was excused because he didn't tell prosecutors he was facing an assault on a female charge.

McNeill could face the death sentence if convicted of murder.

Shaniya's mother also faces charges that she sold her daughter to pay a drug debt. Antoinette Davis hasn't been tried yet.

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Published: 05:54 PM, Tue Apr 16, 2013
12th juror seated in Mario McNeill murder trial

By Michael Futch
Staff writer

The 11th and 12th jurors were seated Tuesday in the Mario McNeill murder trial in Cumberland County Superior Court.

The jurors are to consider whether McNeill is guilty of the rape and murder in 2009 of 5-year-old Shaniya Davis.

The jury has eight women and four men. The prosecution and defense will need to seat an additional three or four alternate jurors to stand ready to join the panel should any of the original 12 drop out over the next seven weeks that the trial is expected to run.

The 12-member jury is being called back in this morning at 9:30. Jurors will be questioned about possible exposure to pre-trial media publicity. On April 10, during the openifirst week of the trial, Judge Jim Ammons said he was going to bring back the first seven jurors selected and re-emphasize his orders to refrain from having conversations or reading and watching news about the case.

Today marks their first day back in the courtroom.

Earlier today, eight potential jurors had been excused, including a woman who said her husband was a childhood friend of McNeill's. The woman said her husband once lived with McNeill when they were children.

"My husband would not want me serving as a juror," she said.

Another potential juror was excused because he failed to tell prosecutors that he had a pending charge of assault-on-a-female scheduled to be tried this month.

A woman was excused after she said she had been molested by an aunt's boyfriend when she was about 8 years old and had witnessed her mother's murder by a friend of her father.

"She's been through enough in her life," said Harold "Butch" Pope, a lawyer for the defense.

McNeill, 32, is accused of kidnapping, raping and killing 5-year-old Shaniya Davis in November 2009. He could be sentenced to death if convicted.

The trial, which began April 8 with jury selection, is expected to run about seven more weeks.

McNeill faces seven charges, including first-degree murder and first-degree rape of a child. Authorities say Shaniya's mother gave her to McNeill to settle a drug debt, then falsely reported that she was missing. McNeill is accused of taking the girl to a Sanford hotel and assaulting her, then dumping her body off N.C. 87 in Harnett County.

Shaniya's mother, Antoniette Nicole Davis, 28, faces similar charges and is awaiting trial, but does not face the death penalty.

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Jury selection finished today in the Mario McNeill capital murder trial for the rape and death of 5-year-old Shaniya Davis.

The final three alternate jurors were selected today.

The trial's panel has 16 members: 12 (eight women, four men) plus four alternates (three women, one man).

The racial makeup of the 12-member jury is seven white, four black and one Indian. Among the four alternates are two white, one black and one Asian-Indian.

Their backgrounds are varied, and they originally come from places such as Kansas, Detroit, Missouri, Indiana, New Jersey and France.

Three are teachers, and two work for convenience stores. There's a civilian security specialist for the Department of the Army; a Sheetrock courier by day and R&B singer at night; a city employee; a retail clothing store manager; a former longtime employee of an animal hospital; a forklift operator; a firefighter; a clinical director of a psychiatric facility; a loan officer; a military spouse; and a human resources director.

The jury is scheduled to return to Cumberland County Superior Court at 9:30 a.m. Monday. Prosecutors are expected to make their opening statements to the jury and begin presenting their evidence. The presentation of evidence for the prosecution will probably take two to three weeks, District Attorney Billy West has said.

McNeill, 32, could be sentenced to death if convicted of the first-degree murder of Shaniya in 2009.

A motions hearing is scheduled Friday at 9:30 a.m. for Judge Jim Ammons to consider a request by McNeill's lawyers to prevent the prosecutors from telling the jury that the defendant knew where Shaniya's body was hidden.

On April 8, defense lawyer Terry Alford said McNeill's previous lawyer, Allen Rogers, had made a deal with the prosecutors: McNeill would tell the investigators information that would help them find Shaniya, and in return, the state would take the death penalty off the table.

McNeill provided lawmen with information, but still faces death because he declined on April 9 to accept an offer to avoid the death sentence by pleading guilty and accepting a life sentence with no parole.

Today, West, the prosecutor, said the state wants to tell the jury in opening statements on Monday that McNeill's information showed that he knew where Shaniya's body was.

he defense objected.

Alford said the defense didn't see it as admissible.

"All I can say is that's creating a heartache that going to be around a long time" if the jury hears about the arrangement, said Alford, shaking his head.

After court was dismissed for the day and before clearing out of the courtroom, West snapped at Alford: "The defendant should have thought about that before killing that little girl."

McNeill faces seven charges, including first-degree murder and first-degree rape of a child. Authorities say Shaniya's mother, Antoniette Nicole Davis, gave her to McNeill to settle a drug debt, then falsely reported her missing. McNeill is accused of taking the girl to a Sanford hotel and assaulting her, then dumping her body off N.C. 87 in Harnett County.

Davis, 28, faces similar charges and is awaiting trial, but does not face the death penalty.
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Was just going to post this. Can't wait for this trial. Wonder if it w/be televised. Doubt it.

No it won't be televised. I wish.

Opening statements in Mario McNeill’s capital murder trial are delayed until at least Friday so he can be evaluated by medical professionals.

McNeill, who is accused of raping and murdering 5-year-old Shaniya Davis in 2009, will be evaluated on his capacity to proceed with the trial. The decision was made this morning during a hearing by Cumberland County Senior Resident Superior Court Judge Jim Ammons.

The defense made the motion. Ammons mentioned doctors from two out-of-town facilities who may evaluate McNeill, Central Regional Hospital, a psychiatric hospital in Butner, and Cherry Hospital, a psychiatric hospital operated by the Department of Health and Human Services in Goldsboro.

“As soon as the report is available,” Ammons said, “I’ll make that report available to the parties through the clerk.”

Reasons for the evaluation weren’t made clear during the short hearing. At one point, McNeill shook his head.

In a separate action, Ammons addressed a motion filed by The Fayetteville Observer, Capitol Broadcasting and Time Warner Cable’s News 14 Carolina seeking disclosure of a transcript from a brief closed hearing Friday. The media companies challenged Ammons’ decision to hold the 15-minute hearing behind closed doors.

The motion argues that the judge, in his ruling Friday, made “no finding, specific or otherwise, of any compelling interest in closing the courtroom,” and therefore did not meet the legal standard for excluding the public.

Ammons said today he had not read the motion, which was filed by the media companies this morning, and he did not rule on it. But he said he had found Friday that it was necessary to close the hearing to preserve the right to a fair trial for the state and the defendant.

He said he would hear arguments to the motion in due course.

On Friday, proceedings were closed briefly to the public for reasons Ammons did not explain.

“Our courts are open to the public and press, and only rarely can and does court close its proceedings,” he said once court was in session. “A matter has come to my attention that requires me, in the interest of justice, with no other available means to me, to require this court be closed but to everyone but the parties involved. I will make this as short as I can.”

Amanda Martin, a lawyer for the N.C. Press Association, questioned the judge’s decision. Martin was not at the hearing, but the circumstances of the closure were described to her by a reporter. “I can’t imagine that closing the courtroom would be constitutional,” she said.

After the courtroom was opened again, Ammons said the hearing that had been planned for Friday would take place at 9:30 a.m. today.

Jurors may be called back to court on Friday.

Ammons had been expected to consider a request by McNeill’s lawyers to prevent prosecutors from telling the jury that McNeill knew where Shaniya’s body was hidden.

On April 8, defense lawyers said in court that McNeill’s prior lawyer, Allen Rogers, had made a deal with the prosecutors: McNeill would tell the investigators information that would help them find Shaniya, and in return the state would take the death penalty off the table.

McNeill provided information, but still faces death because on April 9 he declined to accept an offer to avoid the death sentence by pleading guilty and accepting a life sentence without parole.

District Attorney Billy West said last week the state wants to tell the jury in opening statements that McNeill’s information showed that he knew where Shaniya’s body could be found.

The defense objected, saying it didn’t see the information as admissible.

After Friday’s planned hearing, Ammons would not talk to a reporter.

“He does not speak to the press about proceedings during the trial, and he kept them (proceedings) closed to a minimum,” said Ellen Hancox, the trial court administrator.

When asked for a court transcript of what was said in the courtroom while it was closed to the media, Hancox said, “It was closed to the public and doesn’t have a transcript. There is no transcript.”

None of the family members attended Friday’s scheduled hearing.

McNeill’s mother, Juanita Ball, had been in court every day since the trial began on April 8. Members of the Shaniya Davis family, including her father, Bradley Lockhart, and aunt, Cary Lockhart-Davis, have attended much of the proceedings.

Jury selection wrapped up Thursday.

The panel has 16 members: eight women and four men, and four alternates, three of whom are women.
The racial makeup of the 12-member jury is seven white, four black and one Indian. Among the four alternates, two are white, one is black and one is Asian-Indian.

McNeill faces seven charges, including first-degree murder and first-degree rape of a child. Authorities say Shaniya’s mother, Antoniette Nicole Davis, gave her to McNeill to settle a drug debt, then falsely reported her missing. McNeill is accused of taking the girl to a Sanford hotel and assaulting her, then dumping her body off N.C. 87 in Harnett County.

Davis, 28, faces similar charges and is awaiting trial, but does not face the death penalty.

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What a load of CRAP!! They've had YEARS to evaluate this POS!!!!