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Author Topic: Shaniya Nicole Davis #2 11/17/09 -  (Read 239852 times)
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« Reply #100 on: November 17, 2009, 08:30:47 PM »

No murder charge yet in girl's death

Shaniya Nicole Davis

Posted: Today at 5:34 a.m.

FAYETTEVILLE, N.C. — A week after a 5-year-old Fayetteville girl disappeared and a day after her body was found near Sanford, police are still trying to sort out the evidence in the case to determine who to charge in her death.

Shaniya Nicole Davis was reported missing from her home, at 1116-A Sleepy Hollow Drive, by her mother last Tuesday morning. Volunteer searchers found a body Monday afternoon in some woods off N.C. Highway 87 near the Lee-Harnett county line.

On Tuesday, the State Medical Examiner's Office confirmed that the body was Shaniya's. No cause of death has been released.

Two people have been arrested in Shaniya's disappearance – charges against a third person were dropped – but no one has been charged with killing her.

Police said one issue holding up any charges is the question of jurisdiction in the murder case. Prosecutors must prove where a slaying occurred.

Lee County authorities have referred all questions to the Fayetteville Police Department. The department plans to address the media at 10 a.m. Wednesday, but it's unclear whether new charges will be announced then.
Two held in disappearance

Police arrested Mario Andrette McNeill, 29, on Friday and charged him with first-degree kidnapping in the case. Investigators said McNeill has admitted to taking Shaniya from her home, and hotel security video from a Comfort Suites in Sanford last Tuesday appears to show him carrying her.

Shaniya's mother, Antoinette Nicole Davis, 25, was arrested late Saturday and charged with human trafficking, felony child abuse–prostitution, filing a false police report and obstructing a police investigation. Arrest warrants state that Davis "did knowingly provide Shaniya with the intent that she be held in sexual servitude" and she "did permit an act of prostitution with Shaniya."

In a 911 call released Tuesday, Davis was hysterical when she told a dispatcher that her daughter was missing.

"I woke up this morning, and my daughter was not in the house. I don't know if she walked out. I don't know what going on, but she's not here," Davis said.

Later in the nearly three-minute call, her voice is completely calm as she noted twice that Shaniya knew how to unlock the front door.

"I'm telling you she knows how to unlock it. I'm hoping that she didn't unlock it and walk out," Davis told the dispatcher.

Both McNeill and Davis are being held in isolation at the Cumberland County Detention Center for their protection, authorities said.

Authorities confirmed Tuesday that Davis is pregnant and that Clarence Coe is the father of the child.

Davis initially accused Coe of kidnapping Shaniya, but police dismissed the charge and released him from jail after determining the information to be false and then arresting McNeill.

Shaniya's father, Bradley Lockhart, thanked everyone Tuesday afternoon for their prayers and support and thanked the Fayetteville police, other law enforcement officers and volunteers who helped find his daughter.

"It's not the result I wanted. It's not the result any father or family would want for their children," Lockhart said. "My heart hopes and bleeds and prays that this community (and) this country can possibly unite as one to prevent something like this from happening again to another special angel."

As he stood amid a shrine of flowers and teddy bears in his front yard, he said he was "appalled and disgusted" about the possibility that his daughter was sold as a sex slave.

Lockhart's sister, Carey Lockhart-Davis, urged people to help any child they see who might be in danger.

"Don't let another innocent bystander go unnoticed because we, as adults, fail to realize that they depend on us for safety and trust," Lockhart-Davis said as she choked back tears. "To every pedophile, every person who thinks of taking a child, please beware . I'll be watching."

She said she felt "robbed" because her special bond with her niece has been broken. She recalled helping Shaniya learn how to tie her shoes and color pictures.

"She had such a wonderful, kind soul, and her spirit and smile brightened every day of everyone she touched," she said.

Shaniya's death is the second family tragedy for Lockhart. Eleven years ago, his former wife, Vicki Lockhart, was one of three people killed in a home invasion in Cumberland County.

Although Lockhart said he would try to forgive Davis for Shaniya's disappearance and death, his sister said she never cared for Davis and how she cared for her children.

"Never have I allowed my children to live in an environment that was unsafe," Lockhart-Davis said.

Lockhart said he didn't want to blame anyone for Shaniya's death, saying he could have done things differently himself.

"Every parent would blame themselves. We all look within ourselves to see what we could have done differently," he said.
DSS, police probes detailed

He said, though, that he wished the Cumberland County Department of Social Services had notified him about any problems in Davis' home.

DSS looked at Davis with regard to her 7-year-old son, not Shaniya, according to her uncle, Michael Davis. The case was closed, and Antoinette Davis was able to retain custody of the boy, her uncle said.

DSS Director Brenda Jackson declined to comment on her agency's involvement with the Davis family, citing the criminal investigation into Shaniya's death as well as confidentiality rules for child protective services cases.

A search of court records turned up no previous criminal charges against Davis, but she lived at a home on Wall Street in July that police raided. Officers found "narcotics manufacturing materials" in the house, but no one was charged, according to an incident report.

Residents said they had seen Shaniya running around the neighborhood unattended, but Davis' family maintains she was a good parent.

"I know she’s a great mom. She’s a great mom. Antoinette really loved her children,” said Davis' uncle, Arthur Cromartie.

Cumberland County Schools officials said Shaniya was a kindergarten student at Morganton Road Elementary School until mid-October, when she was taken out of the school and wasn't enrolled elsewhere.

"We have no knowledge of what the reason was for her being withdrawn from school," Morganton Road Principal Charlotte McLaurin said.

Lockhart said he allowed Shaniya to move in with her mother on Oct. 9.


During a Monday morning interview on CBS' "Early Show," he said Davis had worked to get her life together and had been working for at least six months and gotten a place of her own.

"She had asked if she could be a mother, and I felt she was sincere in asking, and I figured to give her a chance," he said.

According to court records, Lockhart has five other children with three women. He has had custody and child support disputes involving several of the children, but there was no record of any disputes involving Shaniya or Antoinette Davis.

Davis worked in the kitchen at Carolina Inn at Village Green, an assisted living facility in Fayetteville.

CES, a South Carolina-based staffing company that has a contract with Carolina Inn, hired her in June 2008 after an extensive background check, an official said. She had a good employment record at both Carolina Inn and the Haymount Nursing Rehabilitation Facility, but she is no longer employed by the company, the official said.

    * Reporters: Bryan Mims, Amanda Lamb

http://www.wral.com/news/local/story/6435879/
    * Photographers: Michael Joyner, Terry Cantrell, Greg Clark
    * Web Editor: Matthew Burns
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« Reply #101 on: November 17, 2009, 08:33:41 PM »

Idk the more I read the more I am thinking that shaniya was at that motel from 5 30 the night before ad called 911. I swear I am thinking that more and more. He found out he was caught on tape and knew what he and maybe someone else had done to poor little shaniya. And he had had to kill her because she is old enough to talk. Idk jmo at this moment
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« Reply #102 on: November 17, 2009, 08:35:02 PM »



Thanks TM,
She is a gorgeous child!!

The Aunt always fixed her cute.  Not so with old Antionette.

It hardly looks like the same child we saw at the elevator.
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« Reply #103 on: November 17, 2009, 08:35:27 PM »

well papers or no papers ......custody or no custody...if I thought for one second that my child was in danger at the hands of this woman.....trust me....I would have gone there and gotten my child back,,,,,one way or the other.....it might have not been legal...but I would have her.......promise you that,.......been there...done that.......

A-fricken-men HH.  You and me alike.
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« Reply #104 on: November 17, 2009, 08:37:12 PM »

Police said one issue holding up any charges is the question of jurisdiction in the murder case. Prosecutors must prove where a slaying occurred.

Lee County authorities have referred all questions to the Fayetteville Police Department. The department plans to address the media at 10 a.m. Wednesday, but it's unclear whether new charges will be announced then.
Two held in disappearance

http://www.wral.com/news/local/story/6435879/
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Heart
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« Reply #105 on: November 17, 2009, 08:38:24 PM »

Not entirely correct. Whether the dad had a legal right to shaniya is not determined exclusively by the birth certificate. He was legally presumed to be the father based on his relationship with her and the fact that he'd raised her, supported her, educated her, and so forth.

 
You can give your kids to anyone to raise, just get a certified letter saying you are giving guardianship to so and so and that is all that person needs to be able to receive government assistance, file them on taxes, register them in school, take them to the doctor, etc.  But unless the papers are filed in a court giving them legal guardianship you can go get your kid back at any time and there isn't jack that the person that was raising them can do without taking you to court to get the child/ren back which we all know takes time and money.  So he could be legally presumed Shaniya's father because he has done all this stuff but he would still only be able to get her back by taking the mother to court, which if he had filed right away (and he said it was his descision to give her to her mom) he would still be waiting for that court day that would never come now, because it takes months.  And only then would his legal right to her, birth certificate or no, then be decided.  Shaniya never had a chance.

Not all states assume biology to mean legal father.  From a quick scan North Carolina does not have a putative father registry . 

http://www.courts.state.nh.us/probate/registrylist.pdf

http://www.eriksmith.org/content/Memo/default.asp?id=43

http://www.onevoicenosecrets.org/main/content/view/23/28/

The Rights of Presumed (Putative) Fathers
State Statutes Series
Author(s):  Child Welfare Information Gateway
 
Current Through October 2007

The number of nonmarital births in recent decades has led to an increased focus on the fathers of these children. Many of these alleged (or reputed or putative) fathers of nonmarital children seek recognition of their legal rights and expanded roles in the upbringing of their children.

Constitutional Rights

Historically, putative fathers have had fewer rights with regard to their children than either unwed mothers or married parents. Over the past several decades, putative fathers have used the Fourteenth Amendment to challenge the termination of their parental rights when the birth mothers relinquish their children for adoption. Nevertheless, States have almost complete discretion to determine the rights of a putative father at termination of parental rights or adoption proceedings.

The U.S. Supreme Court has affirmed the constitutional protection of a putative father's parental rights when he has established a substantial relationship with his child. The Court defined a substantial relationship as the existence of a biological link between the child and putative father, and it defined the father's commitment to the responsibilities of parenthood as participating in the child's upbringing.1

http://www.childwelfare.gov/systemwide/laws_policies/statutes/putative.cfm

From what I am reading , North Carolina is behind in this area and JSM is correct, the father could do absolutely nothing if the mother showed up and took Shaniya from him if he did not establish with the courts that he was the father.  Because every article indicates that Brad and AD had an informal arrangement in regards to Shaniya I am betting he never filed with the courts that he was the father.  Again my scan has not been in depth so I could be looking at outdated info but I do not think there was anything that could have been done once AD told Carey that she would never see Shaniya again without involvement of the courts.
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« Reply #106 on: November 17, 2009, 08:38:58 PM »

And she took her out of school just because she knew that shaniya would tell the horriable things that her mom was putting her through. Jeez I hope she gets what she deserves FAST
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« Reply #107 on: November 17, 2009, 08:39:51 PM »

Not entirely correct. Whether the dad had a legal right to shaniya is not determined exclusively by the birth certificate. He was legally presumed to be the father based on his relationship with her and the fact that he'd raised her, supported her, educated her, and so forth.

 
You can give your kids to anyone to raise, just get a certified letter saying you are giving guardianship to so and so and that is all that person needs to be able to receive government assistance, file them on taxes, register them in school, take them to the doctor, etc.  But unless the papers are filed in a court giving them legal guardianship you can go get your kid back at any time and there isn't jack that the person that was raising them can do without taking you to court to get the child/ren back which we all know takes time and money.  So he could be legally presumed Shaniya's father because he has done all this stuff but he would still only be able to get her back by taking the mother to court, which if he had filed right away (and he said it was his descision to give her to her mom) he would still be waiting for that court day that would never come now, because it takes months.  And only then would his legal right to her, birth certificate or no, then be decided.  Shaniya never had a chance.

Sorry, Ariana.  After 16 years of practicing law, I have to disagree with you.  You're talking about something completely different.  You're talking about turning over legal guardianship to someone, not a determination of parenthood.  No one contested that the dad was the dad.  And if he had a hint that Shaniya was in danger, he could have filed for a TRO and had the child back within an hour.  Now, I'm just talking from my experience, which might not be the same everywhere.


But the Dad wasn't there at the time, the Aunt was and that is what I think Ariana and I are talking about. The Aunt had no legal authority to go and get the little girl because the "mom" was the parent, not the Aunt.

Sorry not trying to speak for Ariana.

I am not a very smart monkey, but I know here no matter what paperwork you have, if CPS hasn't given you custody of a child, then you have no rights and the parents have them.



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« Reply #108 on: November 17, 2009, 08:39:58 PM »

JessStar I was trying to quote your post about the dad filing a TRO and could have had Shaniya back within the hour, I'm not sure what that is. But I can't believe that the dad and the aunt and other family members didn't see the problems. There is no bringing Shaniya back, and I don't want to say anything that looks like I'm slamming them, but something seems off with all this. Maybe they thought if they didn't let Shaniya stay, the mom would have taken off with her, and then they wouldn't see her again? Just trying to make sense out of that decision.
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« Reply #109 on: November 17, 2009, 08:41:20 PM »

Reporting on NG that drugs had been sold out of the trailer home. Antoinette's family members had previously sold drugs out of the trailer.
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« Reply #110 on: November 17, 2009, 08:43:59 PM »

Im sorry, but what this all boils down to is a crack head no good woman with access to a little girl that meant nothing but a way to get her next fix and she just happened to know the no good sorry excuse for a man (MM) that knew his way around in this filthy underworld of how to prostitute out a child and make money and she jumped at the chance and had this child never known her father and there was no one to worry about her or ask about her.....this Mother would never had even called 911 or said a word about her being gone......Sick Monster...
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« Reply #111 on: November 17, 2009, 08:45:14 PM »

Not entirely correct. Whether the dad had a legal right to shaniya is not determined exclusively by the birth certificate. He was legally presumed to be the father based on his relationship with her and the fact that he'd raised her, supported her, educated her, and so forth.

 
You can give your kids to anyone to raise, just get a certified letter saying you are giving guardianship to so and so and that is all that person needs to be able to receive government assistance, file them on taxes, register them in school, take them to the doctor, etc.  But unless the papers are filed in a court giving them legal guardianship you can go get your kid back at any time and there isn't jack that the person that was raising them can do without taking you to court to get the child/ren back which we all know takes time and money.  So he could be legally presumed Shaniya's father because he has done all this stuff but he would still only be able to get her back by taking the mother to court, which if he had filed right away (and he said it was his descision to give her to her mom) he would still be waiting for that court day that would never come now, because it takes months.  And only then would his legal right to her, birth certificate or no, then be decided.  Shaniya never had a chance.

Sorry, Ariana.  After 16 years of practicing law, I have to disagree with you.  You're talking about something completely different.  You're talking about turning over legal guardianship to someone, not a determination of parenthood.  No one contested that the dad was the dad.  And if he had a hint that Shaniya was in danger, he could have filed for a TRO and had the child back within an hour.  Now, I'm just talking from my experience, which might not be the same everywhere.


But the Dad wasn't there at the time, the Aunt was and that is what I think Ariana and I are talking about. The Aunt had no legal authority to go and get the little girl because the "mom" was the parent, not the Aunt.

Sorry not trying to speak for Ariana.

I am not a very smart monkey, but I know here no matter what paperwork you have, if CPS hasn't given you custody of a child, then you have no rights and the parents have them.





That is absolutely correct.   
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« Reply #112 on: November 17, 2009, 08:45:28 PM »

Don't miss Dana Pretzer tonight, he has a great lineup!  Show starts in about 15 minutes!



http://scaredmonkeys.com/2009/11/17/the-dana-pretzer-show-on-scared-monkeys-radio-tuesday-november-17-2009-special-guests-retired-lt-colonel-ralph-peters-discussing-ft-hood-shooting-aes-bill-kurtis-robin-sax/
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« Reply #113 on: November 17, 2009, 08:48:47 PM »

Byron Coleman, Shaniya's half brother also bi-racial.
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« Reply #114 on: November 17, 2009, 08:48:52 PM »

Im sorry, but what this all boils down to is a crack head no good woman with access to a little girl that meant nothing but a way to get her next fix and she just happened to know the no good sorry excuse for a man (MM) that knew his way around in this filthy underworld of how to prostitute out a child and make money and she jumped at the chance and had this child never known her father and there was no one to worry about her or ask about her.....this Mother would never had even called 911 or said a word about her being gone......Sick Monster...

I believe another catalyst was the fact that the school had schedule a meeting for the day after Shaniya went missing to discuss why she was taken out of kindergarten and not enrolled anywhere else.  If abuse had occurred prior to her disappearance (which unfortunately I believe did occur) AD could not take Shaniya into school with outward signs of abuse or chance Shaniya talking about things that may have taken place while she was out of school.  JMO
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« Reply #115 on: November 17, 2009, 08:52:19 PM »

Hmmmmm..


 


Arrested today:


Samuel McNeill
Probation violation
No bond  <---------------------------- !!!!

http://www.ccsonc.org/active_inmates/Inmates.aspx

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« Reply #116 on: November 17, 2009, 08:53:38 PM »

Im sorry, but what this all boils down to is a crack head no good woman with access to a little girl that meant nothing but a way to get her next fix and she just happened to know the no good sorry excuse for a man (MM) that knew his way around in this filthy underworld of how to prostitute out a child and make money and she jumped at the chance and had this child never known her father and there was no one to worry about her or ask about her.....this Mother would never had even called 911 or said a word about her being gone......Sick Monster...

I believe another catalyst was the fact that the school had schedule a meeting for the day after Shaniya went missing to discuss why she was taken out of kindergarten and not enrolled anywhere else.  If abuse had occurred prior to her disappearance (which unfortunately I believe did occur) AD could not take Shaniya into school with outward signs of abuse or chance Shaniya talking about things that may have taken place while she was out of school.  JMO
Thats what im trying to say, if Shaniya had never known her father then Im sure her life would have been like the past 3 months has been and she would never had made it to kindergarden, and when she did exspire, the Mother wouldnt have even called 911.....I would still like to know what the 7 year old has told LE about what was going on in that home...
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« Reply #117 on: November 17, 2009, 08:53:56 PM »

Hmmmmm..


 


Arrested today:


Samuel McNeill
Probation violation
No bond  <---------------------------- !!!!

http://www.ccsonc.org/active_inmates/Inmates.aspx



Sorry... to see this, you'll need to type in his name.

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« Reply #118 on: November 17, 2009, 08:54:17 PM »

Hmmmmm..


 


Arrested today:


Samuel McNeill
Probation violation
No bond  <---------------------------- !!!!

http://www.ccsonc.org/active_inmates/Inmates.aspx


Will this turn out to be Mario's father?
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« Reply #119 on: November 17, 2009, 08:54:22 PM »

A different way of putting it article 

NOW AT 'EUR THIS N THAT': Beautiful Baby Shaniya Davis Found Dead (Video)
(November 17, 2009)


    *Our fingers can barely bring you this devastating news. This story is so incredibly horrible and disgusting any decent person reading this, whether a parent or not, should feel their heart stop just from reading it.

     This beautiful "angel," as her daddy, Bradley Lockhart, referred to her, was only on this Earth five short years.

     Her father had a one-night stand with a freak of nature disguised as a black woman named Antoinette Davis.

     He said he had been raising her, but decided he would try and give her mother a chance to be a mother.  Surely, Lockhart is now cursing the day this soul-less piece of trash was born.  CBS is reporting that Davis sold her daughter into prostitution.

     The baby was seen being carried into a hotel room by another putrid waste of life named Mario Andrette McNeill.  According to CBS, the relationship between Davis and McNeill has not been verified.

     Lockhart's sister, Carey Lockhart-Davis has been the child's mother and aunt.  The married last name of Davis is strange as well.  Maybe there is somehow a connection between the mother's family and Carey.  Hopefully not.

     If you can, click over http://www.eurthisnthat.com/2009/11/16/shaniya-davis-found-dead/ and watch the desperate plea from them both on the CBS Early Morning show just "hours" before the child was found dead in North Carolina.

http://eurweb.com/story/eur57480.cfm
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