Boy who shot, killed 10-year-old will not faces charges, Sacramento prosecutors say

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    SACRAMENTO, California (KCRA) — The father of a 10-year-old boy who shot and killed another boy will be the only person charged in connection to the death, Sacramento County prosecutors said Wednesday.

“Based on the facts currently known, the sole criminal liability and responsibility for the child’s death lay exclusively with this Defendant,” a statement from the Sacramento County District Attorney’s Office said of 53-year-old Arkete Davis, the father of the boy who fired the gun.

Davis appeared in court on Wednesday for the first time since the Saturday shooting, which happened around 4:30 p.m. in the parking lot of an apartment complex in the Foothill Farms area.

The Sacramento County Sheriff’s Office arrested Davis and his son after the shooting. Investigators believe the son got a gun from Davis’ vehicle, and Davis tried to get rid of the gun, which was reported stolen in 2017, after the shooting by throwing it in a nearby trash can.

On Sunday, the sheriff’s office learned the son had gone into his father’s vehicle to get him cigarettes. The boy then took a gun from the car and bragged that his father had a gun. Davis is legally prohibited from owning or possessing a firearm.

“The defendant knew or certainly should have known, the child was aware a gun was in the car,” Deputy District Attorney Paris Coleman said in court. “Evidence and witnesses show that the defendant’s child was overheard saying, ‘See I told you my dad had a gun.'”

Davis is facing several firearm-related charges, as well as child endangerment, and for being an accessory after the fact. He is not facing a murder charge, but prosecutors said under California law, Davis is responsible for 10-year-old Keith Frierson’s death.

Officials also added a charge of destroying evidence to Davis. Coleman told the court after the shooting, Davis put the gun in a paper bag and threw it away in a trash can with ammunition.

The son was originally arrested and taken to the Sacramento County Youth Detention Facility on a murder charge but the boy’s grandmother told KCRA 3 that he has since been released from custody and with his mother in Sacramento.

A judge set Davis at no bail, explaining that he poses a danger to the community because he threw away a gun that still had ammunition. A bond review hearing is scheduled for Jan. 5.

“The fact that the gun was disposed of in a trash can with ammunition further demonstrating the lack of appreciation and danger posed to other members of public,” the judge said.

The father’s criminal history According to the California Department of Corrections and Rehabilitation, Davis was sentenced in 1992 to years in prison for vehicle theft. He was released early on parole in 1993.

Davis, however, did not follow the guidelines of his parole five times and was returned to CDCR custody each time.

The CDCR said Davis was discharged from his sentence on April 22, 1999.

Because Davis is a convicted felon, he is unable to legally own a firearm.

Family grieves loss of 10-year-old son Frierson’s mother, grandmother, aunt and other supporters were also in court. They held pictures of Keith and chanted, “Justice for who? KJ.”

Brittani Frierson said both father and son should be held responsible.

“I’m here on the strength of making sure there will be justice for what was done to my son,” Brittani said.

Brittani said Davis chose to hide the gun instead of helping her dying son.

“He didn’t even aid my baby at all,” Brittani said. “It’s just so cold. It’s so cold.”

Holding oversized pictures of her son, Frierson said she will not stay quiet.

“Everybody going to hear me, keep seeing my baby and we are going to use this to push it,” Brittani said. “This is not okay. This is not acceptable. Something has to be done.”

At a vigil for Frierson on Monday night, those closest to Keith described him as a loving, selfless and kind person.

People described Keith as an active child who loved sports. He played football for the Jr. Foothill Mustangs. His coaches came to the vigil to pay tribute to the kid they called a “gentle giant.”

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