It has been more than 14 years since the tragic death of Shaniya Davis, a 5-year-old girl from Fayetteville, North Carolina, who was kidnapped, raped, and murdered by Mario Andretti McNeill in November 2009. The case shocked the nation and sparked outrage over the role of Shaniya’s mother, Antoinette Nicole Davis, who sold her daughter to McNeill to pay off a drug debt. But what happened to McNeill after he was convicted and sentenced to death for his heinous crimes? Is he still alive or has he been executed?
The Trial and Conviction of McNeill
McNeill, who was 29 years old at the time of the crime, was arrested on November 16, 2009, after he was identified by surveillance footage from a hotel where he took Shaniya on the morning of her disappearance. He initially claimed that he was acting on behalf of Shaniya’s aunt and that he handed her over to someone he thought was a relative. However, his story fell apart when Shaniya’s body was found later that day in a kudzu patch off a highway, about 30 miles from the hotel. An autopsy revealed that she had been suffocated and sexually assaulted shortly before her death.
McNeill was charged with first-degree murder, first-degree kidnapping, sexual offense of a child, indecent liberties with a child, human trafficking, and sexual servitude. He pleaded not guilty and rejected a plea deal that would have spared him from the death penalty. His trial began in April 2013 and lasted for 12 days. The prosecution presented overwhelming evidence against him, including DNA, phone records, witness testimonies, and his own confession to the police. The defense did not present any evidence or witnesses, and McNeill did not testify on his own behalf.
On May 24, 2013, the jury found McNeill guilty of all charges. The sentencing phase of the trial began on May 28, 2013, but McNeill surprised everyone by refusing to let anyone speak on his behalf or offer any mitigating factors. He told the judge that he had lost his freedom and that nothing else mattered. He also instructed his lawyers not to make any closing arguments. The judge warned him that he was tying his lawyers’ hands and that he could be executed, but McNeill did not change his mind. He spent most of the time folding origami and smiling slightly.
The jury deliberated for less than 40 minutes before deciding that McNeill should die for his crimes. He became the first person in Cumberland County to receive the death penalty since 2001. He showed no emotion as the verdict was read. The judge formally sentenced him to death on May 29, 2013, and ordered him to be transferred to the Central Prison in Raleigh, where death row inmates are housed.
Shaniya Davis Killer Detials
| Name | Date of Birth | Date of Death | Cause of Death | Conviction | Sentence | Status |
|---|---|---|---|---|---|---|
| Shaniya Davis | June 14, 2004 | November 16, 2009 | Suffocation and sexual assault | N/A | N/A | Deceased |
| Mario Andretti McNeill | June 12, 1984 | N/A | N/A | First-degree murder, first-degree kidnapping, sexual offense of a child, indecent liberties with a child, human trafficking, and sexual servitude | Death penalty | Alive on death row |
| Antoinette Nicole Davis | June 22, 1988 | N/A | N/A | Second-degree murder, indecent liberties with a child, felony child abuse, felony sexual servitude, rape of a child, sexual offense of a child by an adult offender, human trafficking, and making a false police report | Minimum of 17 years and maximum of 21 years and 9 months in prison | Alive in prison |
The Appeal and Status of McNeill
McNeill’s lawyers filed an appeal on his behalf, arguing that he had received ineffective assistance of counsel, that the trial judge had made errors in admitting evidence and instructing the jury, and that the death penalty was unconstitutional. The appeal was heard by the North Carolina Supreme Court in February 2018. The court unanimously upheld McNeill’s conviction and sentence, finding no merit in his claims. The court also rejected his request for a new trial based on newly discovered evidence, which consisted of a letter from a jailhouse informant who claimed that McNeill had confessed to him that he had killed Shaniya by accident.
As of March 1, 2024, McNeill is still alive and on death row. He is 39 years old and has exhausted his state appeals. He still has the option of seeking federal habeas corpus relief, which could take years to resolve. He also has the possibility of having his sentence commuted by the governor, who has the power to grant clemency to death row inmates. However, no governor in North Carolina has granted clemency to a death row inmate since 2001.
Moreover, McNeill’s execution is unlikely to happen anytime soon, as North Carolina has not carried out any executions since 2006, due to legal challenges and a moratorium imposed by the state’s former governor. The state’s current governor, Roy Cooper, has not indicated whether he supports or opposes the death penalty, but he has not signed any death warrants since he took office in 2017.
The state’s method of execution is lethal injection, but there is a shortage of the drugs used for the procedure, as many pharmaceutical companies have refused to supply them for ethical reasons. The state’s last execution was of Samuel Flippen, who was put to death on August 18, 2006, for the murder of his 2-year-old stepdaughter.
The Fate of Shaniya’s Mother
Shaniya’s mother, Antoinette Nicole Davis, was also arrested and charged in connection with her daughter’s death. She was accused of first-degree murder, indecent liberties with a child, felony child abuse, felony sexual servitude, rape of a child, sexual offense of a child by an adult offender, human trafficking, and making a false police report. She was pregnant when she was arrested and gave birth to a boy, who was placed in foster care.
Davis pleaded not guilty and was tried separately from McNeill. Her trial began in September 2015 and lasted for three weeks. The prosecution argued that she had sold Shaniya to McNeill for $200 to pay off a drug debt, and that she had allowed him to sexually abuse her daughter in the past. The defense claimed that Davis was a victim of domestic violence and drug addiction, and that she had been coerced by McNeill into giving him Shaniya. The defense also presented evidence that Davis had a low IQ and a history of mental illness.
On October 12, 2015, the jury found Davis guilty of all charges, except for first-degree murder. The jury could not reach a unanimous verdict on that charge, which meant that Davis was spared from the death penalty. The judge sentenced her to a minimum of 17 years and a maximum of 21 years and 9 months in prison. She is currently incarcerated at the North Carolina Correctional Institution for Women in Raleigh. She is 35 years old and eligible for parole in 2032.
The Legacy of Shaniya Davis
Shaniya Davis was born on June 14, 2004, to Antoinette Davis and Bradley Lockhart. She had two older brothers, Byron and Dejuan. She lived with her father and his girlfriend in Sanford, North Carolina, until October 2009, when she was sent to live with her mother in Fayetteville. She attended kindergarten at Morganton Road Elementary School and was described by her teachers as a sweet and cheerful girl who loved to sing and dance.
Shaniya’s death sparked a nationwide outcry and a demand for justice. Her funeral was attended by hundreds of people, including celebrities, politicians, and activists. Her father, who had custody of her brothers, established the Shaniya Speaks Foundation, a nonprofit organization that aims to raise awareness and prevent child abuse and human trafficking. He also wrote a book about his daughter’s life and death, titled An Angel from Heaven: A Father’s Letter to His Daughter.
Shaniya’s case also inspired several legislative changes and initiatives in North Carolina and across the country. In 2010, the state passed the Shaniya Davis Act, which increased the penalties for human trafficking and sexual servitude of minors. In 2011, the state launched the North Carolina Human Trafficking Commission, which coordinates efforts to combat human trafficking and assist victims. In 2012, the state enacted the Safe Harbor Act, which provides legal protection and services for minors who are victims of human trafficking. In 2013, the state created the Shaniya Davis Memorial Highway, a stretch of Interstate 95 that runs through Cumberland and Harnett counties, where Shaniya was kidnapped and killed.
Shaniya’s story also touched the hearts of many people around the world, who have honored her memory in various ways. Some have named their children after her, some have dedicated songs and poems to her, some have donated money and resources to her foundation, and some have organized events and campaigns to raise awareness and fight against child abuse and human trafficking. Shaniya’s name has become a symbol of innocence, courage, and hope, and her legacy lives on in the lives of those who remember her and strive to make the world a better place for children.
