FAYETTEVILLE (AP) — Lawyers for the mother of a Fayetteville girl who was murdered in 2009 are expected to ask a judge to dismiss charges against their client.
The Fayetteville Observer reports (http://bit.ly/16zLoM8) the attorneys for 29-year-old Antoinette Davis were to appear at a hearing Thursday in Cumberland County Superior Court.
Antoinette Davis is accused of giving Shaniya to Mario McNeill on Nov. 10, 2009, to settle a drug debt. McNeill was convicted of Shaniya’s murder and sentenced to death in May. He also was convicted of kidnapping and sexually abusing Shaniya.
Davis’ trial is scheduled to begin Oct. 28. She 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.
Defense attorneys say the charges against Davis arise “out of the same facts and circumstances as those giving rise to McNeill’s conviction.”
The motion says that after prosecutors got a conviction in McNeill’s trial, the state holds Antoinette Davis criminally responsible for her daughter’s kidnapping.
“There has been no newly discovered evidence or information that would justify this action,” the motion said.
Davis is not facing the death penalty.