A California jury found a man guilty for the fatal 2017 drive-by shooting that claimed the life of a 5-year-old boy in Modesto.
A jury found Robert Davis guilty Friday of murder in Xavier’s death — and guilty of attempted murder for shooting and injuring his friend, then 6-year-old Deandre Gonder. Gonder survived the shooting and testified during the three-week trial.
“It’s relief,” said Chief Deputy District Attorney Wendell Emerson, of the Stanislaus County District Attorney’s Office. “I’m not happy about it. We can’t ever bring Xavier back, but it’s a relief that we can bring Xaiver justice and this family justice. It’s been a long journey for them. This is the outcome that wanted.”
Emerson said Gonder’s testimony was critical in securing the guilty verdicts, as was testimony from two other men in the car at the time of the shooting. The driver, he said, agreed to cooperate with the district attorney’s office and testify in the case against Davis; The other man was a passenger in the car but was not charged.
“Our office is proud of the investigation that the Modesto Police Department conducted in this case. It was a very difficult investigation,” Emerson said.
At 5 years old, his family said, Xavier had already fallen in love with football, basketball and dance. His mother said he often wanted to teach her silly dances to do together.
“Today, I got what I prayed for,” Asia Thomspon said. “It brought a little bit of peace, but no matter how long this person receives and them going away, us hearing that guilty verdict, it will never bring my son back.”
Thompson said Xavier came to her when he was nine days old and that she had done all she could to fill his life with joy and support the dreams he had already begun to build as a young child.
“There’s a little bit of happiness, but then you still have that pain,” she said.
Xavier’s grandmother, Leticia Smith, said he had been playing in the garage that October night in 2017 because the house had been too warm. Smith said he was celebrating his first touchdown and wanted to keep playing football.
“To us, he was our love. We loved that little boy like no other. He was my firstborn grandchild. My son’s first child,” she said.
The family, they said, continues to honor Xavier through a variety of charitable initiatives and projects they started in his honor, including collecting clothing for those without and serving meals at Thanksgiving. Smith said she hoped sharing their story would help other families experiencing the aftermath of gun violence feel less alone – and hoped to see reform around gun control to help save future children moving forward.
“Xaiver was amazing. He was my 5-year-old hero,” Smith said. “He would have been something amazing to this world. They missed out. He was taken way too soon.”
Sentencing for Davis is scheduled for September. He is facing more than 100 years to life in prison, according to the district attorney’s office.
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