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Man makes 1st appearance in Sacramento court after deadly shooting of 10-year-old

Father makes 1st appearance in court after deadly shooting of 10-year-old
Father makes 1st appearance in court after deadly shooting of 10-year-old 04:17

SACRAMENTO - The father of the 10-year-old accused of shooting and killing another 10-year-old is now being held at no bail at the Sacramento County Jail.

Arkete Davis, 53, appeared in court for the first time on Wednesday afternoon. The judge said he was a danger to the public after the district attorney's office laid out all the evidence.

CBS13 spoke with the family of 10-year-old Keith Frierson, commonly known as KJ, who was shot and killed over the weekend. His mother, Brittani Frierson told CBS13 that she got a call from the Sacramento County District Attorney's Office on Wednesday that Davis' 10-year-old son who was arrested for her son's murder is being released on Thursday.

"If my heart wasn't already broken, the strength I had, it just crushed me," said Brittani. "She gets to get her baby tomorrow and hold him, hug him, and tell her baby it's OK. But when I went outside, my baby was gone. He had no chance." 

The District Attorney's Office could not confirm this since he is a minor, but sent this statement: 

"Based on the facts currently known, the sole criminal liability and responsibility for the child's death lays exclusively with this Defendant. 

Given this is a pending case, our ethical obligation prevents us from making any comment at this time. Additionally, juvenile matters are confidential as mandated by California law."

Investigators said that KJ was playing outside with his 6-year-old buddy when another 10-year-old boy went to get a pack of cigarettes for his dad from his car, pulled out a gun and pulled the trigger.

Davis is accused of trying to cover up the crime by throwing the gun in a garbage can.

In court Wednesday, CBS13 learned from the evidence the district attorney's office provided that the gun was loaded when it was disposed of. That is why the judge said that Davis created a further danger to the public.

Davis was read six charges, including child endangerment, felon in possession of a firearm and trying to cover up the crime. 

His bail was initially set at $500,000, but the district attorney's office asked for $1 million, then laid out this evidence: 

  1. Davis directed the child to a location with a loaded firearm
  2. The defendant knew the gun was not locked and easily accessible.
  3. Davis knew the child knew he had a gun, as the investigation found that his son was overheard saying, "I told you my dad had a gun."
  4. Davis had a stolen weapon.
  5. Davis is a felon who is prohibited from having a firearm.
  6. After learning of the child's death, Davis then took the gun, placed it in a paper bag and threw it in a public trash can.

The People's position from this evidence they listed was that Davis had a disregard for the safety of the community. 

After hearing this evidence, the judge decided on the no bail without prejudice and set the next court date for Friday, Jan 5. at 8:30 a.m. for a bail motion in Department 61. 

According to public records, Davis has had a criminal history over the past 30 years in California and Texas for multiple things, including drug offenses and theft by check. 

Local Attorney Justin Ward said that the way the charges currently stand and if they add a great bodily injury enhancement to the child endangerment charge, Davis could be facing up to 10 years and four months behind bars. 

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