Will Shaniya's Mom Face Murder Charge?

The father of a 5-year-old girl whose body was found off a rural North Carolina road regrets giving the girl's mother a chance to raise their daughter, even though she seemed to be getting her life together.

Shaniya Davis' father, Bradley Lockhart, said he had a one-night stand with Antoinette Davis and mostly brought up their daughter before letting Davis take care of her.

A month later, Shaniya was dead, her body dumped off a rural road and her mother accused of selling her for sex.

So, even if Antoinette Davis is not directly linked to her killing, could she be charged in some way in her daughter's death?

Former Massachusetts prosecutor Wendy Murphy said on "The Early Show" she can't predict.

However, Murphy said, if Davis knew the child was being taken or delivered for prostitution purposes, then she could be charged with murder under the felony murder rule.

Murphy explained, "She's responsible for the consequences of a murder that follows in connection with a felony, and it certainly is a felony that she's charged with thus far. So the possibility is there, for sure."

As for prosecuting Shaniya's 25-year-old mother, Murphy said, it could be hard persuading a judge and jury that a mother is capable of selling her child into prostitution.

"Believe it or not, that's going to be the best defense here, just saying to the jury, 'It doesn't make sense, therefore, you have reasonable doubt,' " Murphy said. "And believe me, it works. But the truth is, sometimes mothers are capable of terrible things, and we romanticize motherhood sometimes to our own disadvantage, especially when it comes to protecting children. We have to be willing to accept that, sometimes, mothers can do things like this, literally selling their children for money."

Murphy said Antoinette Davis could have been desperate, perhaps with a history of addiction.

"She might have a drug debt of some sort," Murphy said. "I'm speculating here of course, but desperate mothers sometimes do terrible things."

Murphy said the investigation will hinge on what Antoinette Davis says next.

"She has counsel," Murphy said, referring to Anoinette's lawyers. "She may assert her Fifth Amendment right to remain silent. But I'll tell you this much: If she really is more of a victim than a perpetrator, then she's going to tell the authorities exactly what she knows about the men involved in this story. She could well be working on making some sort of deal just like that right now. It remains to be seen. Thus far, she's not saying anything."

Shaniya's father said at a vigil Monday night in his daughter's memory, "Lord, I come to you with open arms and it is hard. It is hard. Don't give up on me and don't give up on Shaniya," he said. "She's right there with you.""

Lockhart stood among a crowd of about 500 gathered in a store parking lot for the vigil.

When Shaniya was reported missing, suspicion initially turned to a man described as her mother's boyfriend. As he was let go, police targeted another man spotted on hotel surveillance footage holding the child. Then, authorities arrested the girl's mother and accused her of offering her daughter for prostitution.

The arrests offered a glimmer of hope Shaniya would be found alive. But on Monday, searchers discovered the girl's body off a rural road, nearly a week after her mother reported her missing from a mobile home park in Fayetteville.

At a second memorial about 40 miles away in Sanford, where Shaniya's body was found, dozens of people attended a Baptist church.

"We have kids and it just hit so close to home. It's unbelievable how somebody can just do something that horrible to something so precious," said organizer Crystal Godfrey.

Hundreds of volunteers who helped look for Shaniya left the search area dejected, unable to bring her home to her father, 7-year-old brother and the dolls she so loved.

"I still feel kind of sick to my stomach," said Angela Jackson, 27, of Sanford, who has a 2-month-old daughter and searched for consecutive days.

Particularly disturbing were the accusations against Antoinette Davis. Police charged Davis with human trafficking and felony child abuse, saying Shaniya was offered for sex.

Davis was calm and quiet during a court appearance. She provided one-word answers to the judge's questions. She requested a court-appointed attorney and did not enter a plea.

Her sister, Brenda Davis, 20, said she does not believe the charges.

"I don't believe she could hurt her children," said Brenda Davis, who spoke with her sister at the jail Sunday. Davis' aunt, Yvonne Mitchell, said the mother had two jobs and would never harm the child.

Authorities also charged Mario Andrette McNeill, 29, with kidnapping after they said surveillance footage from a Sanford hotel showed him carrying Shaniya. Authorities said McNeill admitted taking the girl, though his attorney said he will plead not guilty.

Fayetteville police spokeswoman Theresa Chance declined to talk about additional charges. She also wouldn't comment on a cause of death or the condition of Shaniya's body, except to say that investigators planned to retrieve it about 100 feet off the road.

"Detectives have been running off adrenaline to find this little girl and to bring her home alive," Chance said. "You have a lot of people in shock right now."

Davis reported Shaniya missing from a mobile home park Nov. 10. Authorities first arrested Clarence Coe, but charges against him were dropped a day later when investigators tracked down McNeill after receiving a tip from a hotel employee.

Additional information led investigators to a search site near Sanford on Sunday. They continued searching Monday, scouring miles of landscape, roads, ravines and fields on four-wheelers and with helicopters.

"We were hoping that someone could carry her home," said Syd Severe, 42, who came from Raleigh to help with the search. "It's just sick."

A cluster of emergency vehicles and law enforcement gathered where Shaniya's body was found. Authorities blocked access to the road, a rural area popular with hunters that is less than a mile from a lakeside community.

Shaniya's father said he raised his daughter for several years but last month decided to let her stay with her mother. He had pleaded for her safe return.

Lockhart told The Associated Press on Saturday that he and Davis never argued about him raising Shaniya, and Cumberland County courts had no record of a custody dispute. He said he did not know McNeill.

Davis struggled financially over the years, but she recently got a job and her own place, so Lockhart said he decided to give her a chance with their daughter.

"I should've never let her go over there," he said Saturday night.