Riverbank man convicted in drive-by shooting death of 5-year-old Modesto kindergartner
A Riverbank man has been convicted of murder for the drive-by shooting death of a 5-year-old Modesto boy in 2017.
Robert Earl Davis Jr., 25, was convicted July 22 of first-degree premeditated murder and premeditated attempted murder following a three-week jury trial, according to a press release from Stanislaus County District Attorney Birgit Fladager.
On Oct. 28, 2017, prosecutors said 5-year-old Xavier Smith and his 6-year-old best friend were playing in his garage on Lake Park Court in east Modesto when a vehicle drove by and sprayed the home and multiple surrounding houses with bullets. Davis, who was the passenger in the vehicle, used an AR-15 assault rifle to fire from the back seat, prosecutors said.
Both Xavier and his 6-year-old friend were hit with bullets. The DA press release said “Due to the devastating injury from the military-grade rifle, Xavier did not survive.” His friend was taken to the hospital and has since made a full recovery, the DA’s office said.
Modesto police conducted an investigation of more than three months to find those involved, including releasing surveillance footage of the shooting to the public. Davis was arrested in February 2018 at a Santa Cruz motel.
At the time, Modesto police said they believed Davis also was a suspect in the subsequent shooting death of 21-year-old Modesto man Cody Lea in Ustach Park. But he was never charged with the November 2017 slaying, and another man was acquitted earlier this year of the murder.
The two young victims of the October 2017 drive-by shooting had returned from playing a pee-wee football game earlier that night. After Xavier’s death, his team the Central Valley Jets held a memorial in his honor. Xavier was a kindergartner at Christine Sipherd Elementary School at the time of the shooting.
Chief Deputy District Attorney Wendell Emerson prosecuted the case against Davis. The jury deliberated for two days before reaching a guilty verdict. Davis now faces a maximum sentence of 77 years to life in state prison following his conviction on the two charges. His sentencing hearing is scheduled for Sept. 7, 2022, in Stanislaus County Superior Court.
This story was originally published July 27, 2022 at 12:07 PM.
