MODESTO, Calif. — A man has been found guilty in the 2017 drive-by shooting death of a 5-year-old Modesto boy.
After a three week trial, Stanislaus County District Attorney Birgit Fladager announced 25-year-old Robert Earl Davis Jr. had been found guilty of first-degree premeditated murder and premeditated attempted murder.
According to police, on October 28, 2017, 5-year-old Xavier Smith and another 6-year-old boy were playing inside the garage of a home on Lake Park Court.
Davis shot at the home and into the garage where Smith and his friend were playing. Smith was killed and his friend was wounded.
After a three-month investigation, Modesto police were able to arrest and locate Davis. He now faces a maximum possible sentence of 77 years to life in state prison for the two charges.
He is scheduled to be sentenced on Sept. 7, 2022.
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