Missing 8-year-old girl, Ahliyah Nachelle Irvin found dead. Billy Frank Davis Jr.charged with two alternative counts of capital murder,rape; aggravated battery.

Billy Frank Davis Jr., 28, of Topeka, has been booked into the Shawnee County Jail for the death of 8-year-old Ahliyah Nachelle Irvin.

Davis was booked into the jail in connection with aggravated burglary, aggravated kidnapping, rape, and felony, first-degree murder, said Topeka police Capt. Jerry Stanley.

“During the course of today’s investigations, it was discovered that a sexual assault occurred,” Stanley wrote in a news release Monday night.

Ahliyah, who was a second-grade student at Highland Park Central Elementary School, was reported missing at 5 a.m. Tuesday from the 2400 block of S.E. Bellview.

“We began a search in the area,” Topeka Police Chief Ron Miller said.

A law enforcement officer found the girl dead 45 minutes later at Highland Park Townhomes, an apartment complex east of Highland Park High School.

“I’m not prepared to confirm any of the circumstances under which she was found or where she was found or the condition of her body,” Miller said during a news conference in front of the Law Enforcement Center. “I will tell you this was a particularly heinous crime.”

Topeka police are seeking a second person of interest in Ahliyah’s homicide, Miller said at a 12:30 p.m. news conference at the Law Enforcement Center.

He wouldn’t release the name of the person because police don’t want him or her to flee.

Police don’t know Ahliyah’s exact address or if she was related to Davis, Miller said.

“We have received good cooperation from the family,” he said.

Students and staff members at Highland Park Central were offered an opportunity to visit with counselors and social workers at the school, said Ron Harbaugh, Topeka Unified School District 501 spokesman.

“They will be there the remainder of the week,” Harbaugh said.

Ahliyah had attended kindergarten at Highland Park Central, he said. The family moved to Kansas City, Kan., but Ahliyah moved back in October and attended classes for two months at Meadows Elementary School. She then attended classes for two months at Stout Elementary School. In January, she moved back to classes at Highland Park Central.

“It’s a sad day for Topeka Public Schools,” Harbaugh said of Ahliyah’s death.

Students were told about Ahliyah’s death at the end of the school day and letters were sent home.

“It really is a shock to the whole community,” Harbaugh said.

Ahliyah was born Feb. 8, 2004, in Topeka, to Angela M. Ortega and Randy M. Irvin Sr. She had two sisters and one brother.

Residents of Coachlight Village mobile home park, just west of the creek where police located Davis, said they saw Davis run through the park toward the creek about half an hour before the police took him into custody.

Coachlight Village is near 37th and South Kansas Avenue. The highway is located just to the west, and a creek and bike path are just east of the mobile homes.

About 50 law enforcement officers were brought in to search for Davis.

“The perimeter was so tight air couldn’t escape,” Miller said.

Police Lt. Jana Harden said Davis didn’t try to run when confronted by police.

Shawnee County Sheriff’s Office, U.S. Marshals Service, Kansas Highway Patrol and Unified School District 501 officers also assisted in the search, she said.

Linn Elementary, at S.E. 40th and Quincy, was on lockdown for about an hour Tuesday morning because a person matching Davis’ description was at the school building, Harbaugh said.

“He may have been just trying to get out of the area,” Miller said.

Miller said Davis entered the foyer but didn’t make it any further because of locked doors.

Ron Brown, USD 501 director of safety, said the secretary at the school denied Davis access and immediately reported the incident to police.

Brown said Topeka police did “an excellent job” coordinating with the school and getting crisis teams in place.

Harbaugh said the building is used by the district for offices after being closed last year. A few students were at the school as part of the restorative education and gifted programs.

“None of the students or staff were in any danger, because the school was in lockdown,” Harbaugh said.

Kansas Department of Corrections and Shawnee County District Court records show Davis was serving two years of intensive supervised probation. Shawnee County District Court Judge Mark Braun sentenced him March 5 after he pleaded no contest and was found guilty of aggravated assault and aggravated battery stemming from a Dec. 30, 2011, attack in a central Topeka apartment where gunshots were fired and a man was beaten with a chair.

That man, Larry Smith, told The Capital-Journal that Davis pointed a gun at him and pulled the trigger, but the gun jammed.

Corrections department records also show Davis with prior convictions in 2009 and 2010 in Geary County that included criminal threat, domestic battery, criminal damage and violation of a protective order.

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The comments after the article I posted are very informative.

Topeka police took into custody Billy Frank Davis Jr., 28, as a "person of interest" in the suspicious death early Tuesday of 8-year-old Ahliyah Irvin reported missing in the 2400 block of S.E. Bellview Ave.

TOPEKA, Kan. (WIBW) - The man accused of killing an eight-year old Topeka girl is being held on $10 million bond.

28-year old Billy Davis made an initial appearance Wednesday morning in Shawnee County District Court. He was arrested on charges including aggravated kidnapping, rape and felony murder for the death of Ahliyah Irvin.

Irvin's body was found Tuesday morning in a southeast Topeka apartment building. Family members say she was sleeping when the suspect, Billy Davis, entered the apartment she was in and took her. Police won't confirm how she was killed. The coroner's office says an autopsy was completed, but findings are not being released. Police did confirm Ahliyah was sexually assaulted.

Family and friends are rallying around Ahliyah's family. They organized a carwash Wednesday to raise money for funeral expenses and her sibling's education.

Family friend Alysia Majette remembered Ahliyah as a girl who loved to sing and dance, and who also would tell you the truth about what was on her mind.

"I just don't believe it," Majette said. "It's not true to me yet. I feel like I'll wake up tomorrow and she's going to be there,"

Those who would like to assist the family can send contributions in care of CoreFirst Bank, P.O. Box 5049 in Topeka. A funeral will be held at 2 pm Friday at Penwell-Gabel's North Topeka location, 245 NW Independence.

Topeka Police also said Wednesday the person of interest they were seeking Tuesday, 18-year old Deshawn Hughes, was located and questioned. They say he is a witness. However, he was taken into custody on unrelated cases.

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She was such a beautiful little girl. Our local news keeps showing family members, my heart just breaks for them all. RIP little angel and may God give your family peace!

Obituary Print
Ahliyah Irvin | Visit Guest Book

Ahliyah Nachelle Irvin, 8, Topeka, died Tues., March 13, 2012. She was born Feb. 8, 2004, in Topeka, the daughter of Angela M. Ortega and Randy M. Irvin, Sr. She was a Second Grader at Highland Park Central. Surviving are her mother: Angela M. Ortega; father: Randy M. Irvin, Sr.; sisters: Briana Ortega and Makayla Knight; brother: Randy Irvin, Jr.; grandparents: Sharon Miller, Bonnie Triplett, and Kevin Irvin; and great-grandmothers: Doris Myersick and Miss Clayborn. Funeral services will be at 2:00 PM, Fri., March 16, 2012, at Penwell-Gabel Parker-Price Chapel, 245 NW Independence Ave., Topeka. Interment in Penwell-Gabel Cemetery. Ahliyah will lie in state after 3:00 PM, Thurs., at the funeral chapel where the family will receive friends from 5:30 to 7:00 PM. Memorial contributions may be made to the Ahliyah N. Irvin Memorial Fund c/o CoreFirst, P.O. Box 5049, Topeka, KS 66605. To leave a special message for the family online, visit [You must be registered and logged in to see this link.] Ahliyah Irvin

Published in Topeka Capital-Journal on March 14, 2012

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Vigil And Tree Dedicated In Honor Of Murder Victim Ahliyah Irvin

TOPEKA, Kan. (WIBW) - Despite the rainy weather, at least 100 people came out to light a candle and say a prayer for Ahliyah Irvin.

The eight-year-old girl was snatched from a southeast Topeka apartment last Tuesday, then raped and murdered.

Community members and strangers joined Ahliyah's friends and family and held hands as they circled around a tree selected in Ahliyah's honor.

They decorated it with ribbons and lit candles late into the evening.

Ahliyah's mother cried and community members were still in shock, but also defiant in the face of violence.

They say they are not only supporting the grieving family but also want to send a message to support law enforcement.

"Most people the first thing that comes to their mind: It could've been mine," Bishop Ronald Lassiter, who led the prayer, said. "And so my main purpose, and I feel many of the people that came out, was to show support to the family and to offer some kind of comfort."

Community activist Yolanda Mitchell said she came out to see if she could make a difference.

"United we stand, divided we fall," she said. "And so far, we've fallen so far behind and our children are the ones that are paying for this."

"We need to wake up and pay attention, because if we don't, Topeka is just gonna be a lost cause," she said.

"The police department, they need all the help they can get. If no one will talk to them, then how do you expect them to do their job to get [the criminals] off the street?" she asked.

The memorial was organized by community activists of the Stop the Violence Memorial Committee who say they don't want to go to any more vigils.

Billy Davis, who was reportedly staying at another apartment in the complex, is being held on $10 million bond on a charge of capital murder for Ahliyah's death.

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RIP Baby

Posted: 11:00 PM Mar 29, 2012

Preliminary Hearing Set For Man Accused Of Murdering 8 Year Old

28-year-old Billy Davis faces 10 charges in the case including capitol murder and rape.
Reporter: Stephanie Schultz

TOPEKA, Kan. (WIBW) - A preliminary hearing is set for the man accused of murdering eight year old ahliyah irvin just over two weeks ago.

28-year-old Billy Davis faces 10 charges in the case including capitol murder and rape.

Irvin's body was found in an apartment complex in the 2400 block of SE Bellview.

Davis was arrested hours later.

Davis's docket hearing was today. A judge set his preliminary hearing for june 12 and 13.

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May 14, 2013


The jury trial of Billy Frank Davis Jr., which was scheduled to start Oct. 7, was postponed Tuesday until April 2014 to allow defense attorneys more time to prepare.
Davis, 29, faces two alternative counts of capital murder in the killing of 8-year-old Ahliyah Nachelle Irvin.

Davis also is charged with an alternative count of premeditated first-degree murder, rape, aggravated kidnapping, two counts of aggravated burglary, one count of burglary and two counts of misdemeanor criminal damage to property, all in the March 2012 abduction and slaying.

"There is still a large amount of work to be done," defense attorney Mark Manna said in asking Shawnee County District Court Judge David Debenham for more time.

Defense attorneys continue to receive records about Davis' military service, schooling and hospitalizations, as well as information to compile social and family histories about Davis, Manna said.

Developing a social history for Davis is extremely important, Manna said, particularly in the penalty phase of the jury trial.

If a jury convicts a defendant of capital murder, jurors then must enter the penalty phase of the trial when they decide whether to recommend the death penalty or life in prison without parole.

If jurors pick the death penalty, the judge must examine the jury verdict imposing the death sentence to determine whether evidence supported the verdict. If it didn't, the judge could change the sentence to life in prison without parole.

District Attorney Chad Taylor said prosecutors didn’t object to the continuance.

Davis waived his right to a speedy trial within 90 days of his arraignment, which is a constitutional and statutory right. The judge asked Davis for his input on the trial continuance.
"That's fine with me," Davis said.

Debenham granted the continuance and scheduled the four-week trial to start April 7, and the fourth week would end May 2. Orientation days for jurors would be March 24 and 25.

Tuesday was the second continuance granted to Davis based on defense motions. On Jan. 14, Debenham granted a continuance from the March 4 trial date to the Oct. 7 date.

In January, Manna asked for more time because defense attorneys would be "fundamentally unprepared" to handle the guilt and sentencing phases of trial if the trial started in March.
Sherry Mason, an aunt of Ahliyah, cried when the postponement was discussed, saying she was upset because the trial is delayed until April 2014.

"(But) if that's what it takes to get justice, then April 7 is what it takes," Mason said.
Debenham on Tuesday denied a defense motion seeking to suppress a statement Davis made to Topeka police during an interview on March 13, 2012. Debenham said Davis was told his Miranda rights, he understood them, he waived them, and he agreed to talk to police.

Davis made a knowing and voluntary statement to police, the judge said.

In seeking to suppress the statement, defense attorney Julia Spainhour earlier contended Davis was questioned by police for six hours, was suffering a mental disorder and distress, and was undergoing alcohol and cocaine withdrawal. That meant his statements weren't freely and voluntarily made but were a product of coercive actions of interrogating detectives, Spainhour said.

Chief deputy district attorney Jacqie Spradling responded during an earlier hearing that Davis' actions on the night Ahliyah was kidnapped, sexually assaulted and killed demonstrated "a clear thought process" during the crimes and his discussions with law enforcement.
Davis told police he kidnapped Ahliyah, sexually assaulted her and choked her in the basement at 2413 S.E. Belleview, Apt. F, a detective testified during Davis' preliminary hearing in June 2012.

When she wouldn't quiet down, Davis used a naked choke, she made a snoring noise and was alive when Davis placed her in a clothes dryer, the detective said Davis told him.
Davis told police he was suffering a flashback to his military service in Iraq and thought he was clearing a house in Iraq.

Jeffrey Dazey also is an attorney on the defense team.

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I had forgotten all about this case! OMG that poor little girl.

Amen!!

By Steve Fry
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Out of two panels of 20 prospective jurors, 12 were excused Tuesday morning from serving on the jury to decide the legal fate of a defendant charged with the rape and slaying of an 8-year-old girl.

Among the 12 excused from service was a retired veteran who flatly said he couldn't impose the death penalty in any case.

Tuesday is the second day prosecutors and defense attorneys have questioned prospective jurors about deciding the verdict in the trial of Billy Frank Davis Jr., who is charged in Shawnee County District Court with capital murder in the slaying of Ahliyah Nachelle Irvin.

The child was slain March 13, 2012. Her body was found in a clothes dryer in an apartment basement in Highland Park. If convicted, Davis could face the death penalty.

Chief deputy district attorney Jacqie Spradling questioned a silver-haired man, who earlier said he served 22 years in the U.S. Army and had professed a strong religious faith.

"I can't handle the death penalty," the man said. “Life imprisonment, yes. I am not capable of handing out that kind of sentence (the death penalty)."

Spradling moved to strike the man for cause as a juror, and defense attorney Julia Spainhour didn't object.

District Court Judge David Debenham dismissed the man.

Also during the morning session, a second man was dismissed for cause when he twice said no mitigating circumstance he could think of would outweigh an aggravating circumstance tied to the slaying of a child.

Spainhour asked for the man to be excused, and Debenham granted the request.

If the jury were to find Davis guilty of capital murder, jurors would weigh aggravating circumstances suggested by prosecutors on why he should be executed and mitigating circumstances suggested by defense attorneys on why he shouldn't be executed. Jurors also could come up with mitigating circumstances of their own.

Jurors then would decide whether to recommend that Debenham impose the death penalty or life imprisonment without parole.

By the end of court on Tuesday, a total of 19 prospective jurors had been passed for cause.

Another 32 must be passed for cause before a pool of 51 prospective jurors can be shaved down to a 12-member jury with five alternates that will hear the case.

Davis, 31, of Topeka, is charged with two alternative counts of capital murder in the killing of Irvin.

Davis also is charged with an alternative count of first-degree murder of the child; rape; aggravated kidnapping; one count of burglary; and two counts of aggravated burglary. He also faces two counts of misdemeanor criminal damage to property.

Davis has pleaded not guilty to the charges.

Those called for jury duty are being called into Debenham's courtroom in panels of 10 for initial questioning. Then they are individually asked two questions.

■ Have you heard any news coverage about the Davis case, and if you have, can you set it aside to decide the verdict based only on evidence presented during the trial?

■ What is your opinion of the death penalty?

Those passed for cause on Tuesday were told it could be late this week or early next week before the quota of 51 prospective jurors is met and jurors and alternates can be selected.

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