HAYWARD -- Two men were sentenced to life in prison without the possibility of parole on Friday for the 2006 killing of a 22-year-old San Francisco mother who the defendants continue to assert they did not kill.
An Alameda County jury in September found Frank Irwine, 29, guilty of first-degree murder in the course of forced oral copulation, and Kristian Dailey, 34, of first-degree murder in the course of a robbery in the fatal shooting of Shavon Boone. A third defendant, 25-year-old Terrance Anderson, pleaded no contest to first-degree murder in October and is expected to be sentenced on April 11 to 25 years to life in prison.
Authorities were never able to prove where Boone was killed or who pulled the trigger before her body was found stuffed in Anderson's garbage can at Trask Street and Bancroft Avenue, a block from Anderson's East Oakland home on Nov. 4, 2006. Deputy district attorney Stacie Pettigrew argued at trial that the defendants raped and killed Boone after robbing her at a downtown Oakland ATM on Nov. 2, 2006. Dailey and Anderson were on video surveillance hovering over Boone as she made a $60 withdrawal about 2 a.m. Anderson's semen was found on a blanket that wrapped Boone's body, and Irwine's was found in her mouth and vagina, Pettigrew said. Jurors rejected a rape special circumstance allegation attached to both men's murder charges, a robbery allegation as to Irwine, and a forced oral copulation allegation as to Dailey.
Defense attorneys argued that there was no robbery and their clients did not kill Boone. Assistant public defender Ray Plumoff, Irwine's attorney, argued that Irwine had consensual sexual contact with Boone and pointed to calls made from her phone to his before she died.
Plumoff took issue Friday with a probation report that states that Irwine is unremorseful over Boone's death. Remorse is an inappropriate emotion for an innocent man, he said, and criticized the case built by police and prosecutors without answers about who killed Boone and why.
Dailey nodded enthusiastically and then sobbed as his sister described his conviction as a gross miscarriage of justice. He was not present for the murder, and was convicted because he is black and appeared menacing to jurors in the ATM video, Kesney Mohammed said.
"The day Shavon was killed was a very sad day, but just as sad is the day you allow an innocent man to stand trial for her murder," Mohammed told Judge Morris Jacobson.
In letters and statements to the court, Boone's mother, sister and 11-year-old son all had the same question for the defendants: Why?
"I hope you are sorry for what you did," the boy wrote after describing how he missed a year of kindergarten to attend counseling for his mother's death.
Because who Boone was as a person took a back seat to the defendants' actions at the trial, Pettigrew said, the prosecutor read in court Boone's writings and the resume she created in search of some kind of receptionist or customer service job. Boone described herself as cheerful, respectful and responsible.
She wrote of simple hopes for her life; to be happy, to find unconditional love, to maybe have a second child.
Contact Malaika Fraley at 925-234-1684. Follow her at Twitter.com/malaikafraley.