Trial Begins for Two Men Accused of Raping, Murdering Woman Found in Trash Can

Published by on August 27, 2013

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A prosecutor and two defense attorneys agreed today that 22-year-old Shavan Boone died a horrible death in Oakland nearly seven years ago but they disagreed about whether there’s convincing evidence about who killed her. Prosecutor Stacie Pettigrew said Boone was raped, robbed and killed on Nov. 2, 2006, and her body was found two days later. She had been shot in the back of her head “execution style” and then dumped in a trashcan strewn among garbage in a creek bed in the 5700 block of Trask Street in East Oakland.

Boone lived in San Francisco, worked at a Goodwill store and was raising a four-year-old son by herself. Referring to the three men who’ve been charged with murder for her death, Pettigrew said, “They treated her like garbage and thought nobody would miss her and find her but she was a friend, a daughter and a mother to a four-year-old boy.” Pettigrew outlined her case to jurors in her opening statement in the trial of Frank Irwine, 28, and Kristian Dailey, 34, who are charged with murder and four special circumstances that could result in life in prison without parole if they’re convicted.

The special circumstances are committing a murder during a robbery, rape, sodomy and forced oral copulation. The third defendant, Terrance Anderson, 25, is scheduled to be prosecuted separately next month. Pettigrew told jurors that they might find that Boone was a prostitute but she said she nevertheless doesn’t believe that Boone had consensual sex with any of the three men accused of killing her. Boone “never stayed out all night” and wanted to get home to take care of her son, who was being babysat by a neighbor and friend, Pettigrew said.

The prosecutor said DNA evidence overwhelmingly proved that both Irwine and Anderson had sex with Boone. Video from an ATM machine and cellphone records connect all three men to the robbery of Boone and her death, Pettigrew said. Irwine’s attorney, Ray Plumhoff, said the three men “may have been one of the last people to see her alive but that is not proof that they killed her.” Plumhoff said, “There is no conclusive evidence that Irwine killed her. He had no motive and there’s no evidence that he sexually assaulted her.”

Dailey’s attorney, Darryl Stallworth, said Dailey should be found not guilty of all charges because “there are no facts for the prosecutor to prove her case beyond a reasonable doubt.” Stallworth said there aren’t any fingerprints or ballistic evidence that tie the defendants to Boone’s death. Stallworth said it’s also “sad but true” that Boone “engaged in a dangerous lifestyle” that may have contributed to her death.

He said Boone indulged in “alcohol, drugs and sex with strangers” and had met with a stranger at the Hot Tubs sauna on Van Ness Avenue in San Francisco a few hours before she was killed. Stallworth said the fact that Boone was murdered “is pretty clear” but he doesn’t think there’s convincing evidence that the three defendants were the culprits.

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