Lawyers For Antoinette Nicole Davis Asked Judge To Dismiss Charges Against Her. 10/18/13: Plea Deal Reached.

10/10/2013
look how different she looks!!!

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Lawyers for the mother of a 5-year-old Fayetteville girl who was murdered almost four years ago asked a judge Thursday to dismiss charges against her.

The body of Shaniya Davis was found in an overgrown area on the Lee-Harnett county line in November 2009, six days after relatives reported her missing from her Fayetteville home. She had been sexually assaulted and suffocated.

Antoinette Nicole Davis, 29, is accused of giving Shaniya to Mario Andrette McNeill to settle a drug debt. McNeill, 32, was convicted in May of kidnapping and assaulting Shaniya before killing her, and he was sentenced to death.

Davis is charged with first-degree murder, first-degree rape, first-degree sex offense, child abuse, sexual servitude with a child, child abuse sexual act, human trafficking and indecent liberties with a child. Jury selection for her trial is scheduled to begin Oct. 28.

In motions filed recently and a 15-minute court hearing Thursday afternoon, defense attorney D.W. Bray argued that the charges violate Davis' constitutional rights. If the charges aren't dismissed, the defense wants to block Davis' statement to Fayetteville police from being introduced as evidence in her trial.

Bray contends that McNeill's kidnapping conviction makes pursuing a human trafficking case against Davis "legally impossible." Either she gave her consent to McNeill taking the child, or he abducted her, Bray argued, but prosecutors can't have it both ways.

He called the case against Davis "fundamentally unfair," saying that, even if consent is given for an unlawful purpose, it's not kidnapping under state law.

Bray also said that Davis wasn't read her Miranda rights before investigators spoke with her about Shaniya's disappearance, so her statement should be suppressed.

Superior Court Judge Jim Ammons said he needed to conduct some research on the defense's arguments, and he didn't say when he would rule on them.

Davis is not facing the death penalty in the case.

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Published: 07:03 AM, Fri Oct 18, 2013

By Michael Futch
Staff writer

Lawyers for the mother of 5-year-old Shaniya Davis are asking Senior Resident Superior Court Judge Jim Ammons to recuse himself from her upcoming trial.

Jury selection in Antoinette Davis' murder trial is scheduled to begin Oct. 28 in Cumberland County Superior Court.

Lawyers representing Davis filed a motion Tuesday asking Ammons to recuse himself from presiding over the case. They previously filed a motion asking that all charges against Davis be dismissed.

A hearing to consider motions in the case is scheduled for 9:30 a.m. today.

Davis, 29, is charged with first-degree murder, first-degree rape, first-degree sex offense, sexual servitude with a child and human trafficking. She is accused of giving Shaniya to Mario Andrette McNeill to settle a drug debt in November 2009.

McNeill, 33, was sentenced to death in May for killing the child.

As part of their motion for Ammons to recuse himself, Davis' lawyers asked that another judge rule on the matter at another pretrial hearing.

Davis is represented by D.W. Bray and Billy Richardson.

District Attorney Billy West and assistant district attorneys Robby Hicks and Rita Cox are prosecuting the case.

Bray's wife, Dolly, said he would not comment on the motion filed Tuesday. Richardson was said to be out of town and did not return a telephone message left Thursday morning.

Davis' lawyers previously submitted a motion saying that since McNeill was convicted of kidnapping Shaniya, Davis cannot be accused of handing her over to McNeill, as prosecutors allege.

"The state argued and contended in McNeill's trial that defendant did not consent to the actions of McNeill in taking her child," states the motion to recuse. "The court admitted that that evidence, permitted the state's contention and arguments concerning same and so instructed the jury that to convict McNeill of kidnapping they must find beyond a reasonable doubt that their parents in custody, did not consent. Now, through circumstances beyond his control, the judge must rule on his own rulings and/or face being called as a witness.

"This the court cannot or should not do."

The motion also states, "This will create substantial issues with regard to McNeill's conviction and death verdict, plus present a legal conundrum in Davis' case, thus requiring the court to sit and re-consider through no fault of his own, complex and unfortunately potentially contradictory rulings."

Ammons was the presiding judge during McNeill's trial.

The defense also has filed paperwork looking to suppress statements Davis allegedly made during a police interview after the child's disappearance in November 2009.

Ammons said last week that he would weigh the lawyers' arguments before Davis' trial.

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Posted: Oct 18, 2013 12:19 PM EDT
Updated: Oct 18, 2013 12:31 PM EDT
by WNCN Staff
FAYETTEVILLE, N.C. -

A plea deal has been reached for Antoinette Davis in a Fayetteville courtroom.

Davis entered an Alford plea, which means she doesn't admit guilt but realizes evidence could convict her.

A judge ruled Friday morning that Antoinette Davis' statements to police will not be suppressed because she made them voluntarily.

The state also filed new changes against Davis Friday, for first-degree kidnapping and conspiracy.

The defense argued that she did not feel she was free to go and that she felt intimidated into telling detectives confession-type information before she was read her Miranda rights.

Davis is accused of giving her daughter, Shaniya Davis, to Mario McNeill, who was convicted earlier this year of murdering the child.

Shaniya Davis' body was found on Nov. 16, 2009, six days after she was reported missing.

In 2011, a Cumberland County grand jury indicted Antoinette Davis on charges of first-degree murder, felony sexual servitude, human trafficking, indecent liberties with a child, felony child abuse, rape of a child, sexual offense of a child by an adult offender and making a false police report.

Police believe Davis gave her daughter to McNeill for prostitution.

McNeill was sentenced to death in May after being found guilty of six of seven charges in the death of Shaniya Davis. McNeill was accused of raping and killing the 5-year-old, but jurors did not convict McNeill on the rape charge.

Prosecutors will not seek the death penalty for Davis if convicted.

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