OAKLAND -- The murder of 22-year-old Shavon Boone and a disorganized police investigation that followed has left a jury with many unanswered questions.
The seven women and five men who will decide the fate of two men now standing trial for murder will never know who fired the bullet into the back of Boone's head.
The jury will also have no direct evidence to help it decide if Boone was raped and robbed before she was killed as the District Attorney's Office has alleged.
But what the jury does have, a prosecutor said in closing arguments this week, is common sense and a mountain of circumstantial evidence that point to guilty verdicts against Frank Irwine, 28, and Kristian Dailey, 34.
Deputy district attorney Stacie Pettigrew said the evidence shows that Boone was killed after being robbed by Irwine and after being raped and forced to conduct oral sex on Dailey. And, Pettigrew said, the murder occurred in the apartment of Terrance Anderson, 25, another man accused of murder in the case who will be tried separately next month.
Boone's murder came to light on Nov. 4, 2006, when children playing near a concrete waterway on Trask Street found her body stuffed in a gray recycling bin that had been discarded in the waterway.
A monthslong investigation that included a review of Boone's cellphone records and footage from an ATM security camera at Oakland's City Center finally pointed police toward the three suspects. They were linked to Boone through telephone calls and through the security camera footage that showed Dailey and Anderson standing next to Boone as she withdrew cash at about 2 a.m. on Nov. 2, 2006.
An analysis of the cellphone records also showed that Anderson and Irwine were together when police believe Boone was killed just blocks away from where her body was found. Those records also show that Boone was in the same area and that the next morning Dailey arrived at the scene.
All three men were arrested in 2007 and questioned about the killing. All three denied involvement and police released them after the District Attorney's Office decided not to file charges. The Oakland Police Department's homicide division then lost the case file.
When the file was found years later, a new round of inquiries discovered additional evidence including a DNA connection that showed Irwine had sexual contact with Boone before she died. Further investigation also found that the recycling bin Boone was found in most likely came from a fourplex apartment building Anderson called home.
The discovered evidence coupled with previously discovered phone records was enough for charges to be filed.
In addition, footage from the ATM security camera shows, Pettigrew said, a robbery and that Boone looked scared as Anderson and Dailey hovered near her as she withdrew cash.
"There is a lot we do not know about this case but that is because they made sure she was not here to tell you," Pettigrew said as she pointed at Irwine and Dailey. "Every single piece of evidence points to these three."
But attorney's representing Dailey and Irwine said proving their clients were with Boone the night she was killed and that one of them had sex with her is not enough to prove that they raped, robbed and then killed her.
And, they said, the ATM video is too grainy to provide a true depiction of what occurred.
Irwine's attorney, assistant public defender Ray Plumoff, said evidence showed that Boone was actually interested in his client and that there was no evidence showing the sexual contact between the two was forced.
"There are so many unknowns in this case, so many things that were never investigated that many different facts can be interpreted in many different ways," Plumoff said. "It's all guesswork and speculation."
Darryl Stallworth, Dailey's attorney, made a similar argument as he urged the jury not to be overwhelmed by emotion and a desire to find justice for a woman who was killed and stuffed into a garbage bin.
"You don't have a case to decide," Stallworth said. "What you have is a sickness and a frustration."