The Shaniya Davis Case: Mario McNeill Facing New Charges as Well as Trial on April 8, 2013

This news came February 13.  Looks like the prosecution is trying to pressure McNeill’s defense attorneys.  The ultimate pressure, however, would be the trial, but that’s been postponed to another tentative date.  From the Fayetteville Observer:

The Cumberland County District Attorney’s Office has added two more charges to the man accused of raping and killing 5-year-old Shaniya Davis.

In an arraignment Wednesday in Cumberland County Superior Court, Mario Andrette McNeil, 32, pleaded not guilty to the additional charges of second-degree sexual exploitation of a minor and third-degree sexual exploitation of a minor.

McNeil is scheduled to stand trial April 8. His trial had been scheduled to begin Feb. 18, but the case was continued last week.

The trial for the girl’s mother, Antoniette Nicole Davis, also was delayed to April 8. District Attorney Billy West has said he plans to try McNeil’s case first.

If convicted, McNeil could be sentenced to death.

“The state intends for the defendant to stand trial on all charges on the previously scheduled court date of April 8,” the District Attorney’s Office said in a release Wednesday.

Which means that West could try the cases at the same time or reschedule Antoinette Davis’ trial after McNeill’s case is through.  Bet you that he will try for the latter.

The second and third degree charges may stem from the possibility that Mario McNeill photographed Shaniya Davis in her last moments in a sexually explicit manner.  He photographed Shaniya so that he could continue to rape the little girl.  How and why?   I suddenly recalled a post that I wrote, “Latest on Shaniya Davis Case: McNeill Had Sexually Explicit Photos of a Black Child on His Cell Phone,” that photographs of an unidentified female child under the age of 10 had been found stored on McNeill’s cell phone.  It could be that this girl has now been positively identified as Shaniya Davis.  Furthermore, here is North Carolina’s definitions of second and third degree sexual exploitation of a minor:

§ 14-190.17. Second degree sexual exploitation of a minor.
(a) Offense. – A person commits the offense of second degree sexual exploitation of a
minor if, knowing the character or content of the material, he:
(1) Records, photographs, films, develops, or duplicates material that contains a visual
representation of a minor engaged in sexual activity; or
(2) Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits
material that contains a visual representation of a minor engaged in sexual activity.
(b) Inference. – In a prosecution under this section, the trier of fact may infer that a participant in sexual activity whom material through its title, text, visual representations or otherwise represents or depicts as a minor is a minor.
(c) Mistake of Age. – Mistake of age is not a defense to a prosecution under this section.
(d) Punishment and Sentencing. – Violation of this section is a Class F felony. (1985, c. 703, s. 9; 1993, c. 539, s. 1197; 1994, Ex. Sess., c. 24, s. 14(c).)

§ 14-190.17A. Third degree sexual exploitation of a minor.
(a) Offense. – A person commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, he possesses material that contains a visual representation of a minor engaging in sexual activity.
(b) Inference. – In a prosecution under this section, the trier of fact may infer that a participant in sexual activity whom material through its title, text, visual representations or otherwise represents or depicts as a minor is a minor.
(c) Mistake of Age. – Mistake of age is not a defense to a prosecution under this section.
(d) Punishment and Sentencing. – Violation of this section is a Class I felony. (1989 (Reg. Sess., 1990), c. 1022, s. 1; 1993, c. 539, s. 1198; 1994, Ex. Sess., c. 24, s. 14(c).)

In other words, second-degree sexual exploitation of a minor would mean imprisonment of not less than two years or more up to ten years.  Third-degree sexual exploitation of a minor would carry a prison term of not more than ten years.

This was nothing less than McNeill’s snuff porn collection.  Nothing less than abuse pornography.

I wonder whether CNN, which has taken over Court TV, will televise this trial on the new TruTV.  If they can cover that horrible Jodi Arias trial, they can cover this one.  I think prosecutor  Billy West ought to arrange it because people need to know and to train cameras not only on McNeill and Antoinette Davis, but Bradley Lockhart as well.   This case cannot be swept under the rug.

Related articles

• Shaniya Davis Murder: New charges of ‘Sex Exploitation of a Minor’ against McNeil (mccannexposure.wordpress.com)
• New charges filed against man accused in Shaniya Davis rape, murder case (charlotte.news14.com)

~ by blksista on February 15, 2013.