Two men face life in prison after being convicted today of first-degree murder with special circumstances for the shooting death of 22-year-old Shavan Boone in Oakland seven years ago. In addition to murder, jurors, who deliberated for nearly two full days, found Frank Irwine, 28, guilty of the special circumstance of committing a murder during forcible oral copulation and Kristian Dailey, 34, guilty of the special circumstance of committing a murder during a robbery. Although jurors found Irwine and Dailey not guilty of two other special circumstance allegations, the two men still face life in prison without the possibility of parole when they’re sentenced by Alameda County Superior Court Judge Morris Jacobson on Nov. 14.
During a month-long trial, prosecutor Stacie Pettigrew said Dailey, Irwine and a third man, 25-year-old Terrance Anderson, raped, robbed and killed Boone on Nov. 2, 2006. Anderson is scheduled to be prosecuted separately in October. Pettigrew said Boone was 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, where she was found two days later.
Boone lived in San Francisco, worked at a Goodwill store and was raising a four-year-old son by herself. Pettigrew told jurors that they might conclude from the evidence in the case 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 murder in connection with her death.
Boone never stayed out all night and wanted to get home that evening 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 and a video from an ATM machine in downtown Oakland and cellphone records connect all three men to the robbery of Boone and her death, Pettigrew said. But attorneys for Irwine and Dailey said that although their clients interacted with Boone the night she was killed there was no evidence they killed her. Irwine’s attorney, Ray Plumhoff, said although DNA evidence shows that Irwine had sex with Boone there’s no evidence that the sex was forced and there’s no proof he played a role in her death.
“I don’t think anyone really knows who killed her,” Plumhoff said, noting that prosecutors didn’t charge anyone with personally using a gun to kill Boone. Dailey’s attorney Darryl Stallworth told jurors in his opening statement that it’s “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 today that he’s “frustrated and disappointed” with the jury’s verdict because “there’s no idea where or when she was killed or who killed her” and he believes “there are too many pieces missing” for Dailey to be convicted of murder. Irwine bowed his head and put his hands over his face shortly before the verdict was read but looked straight ahead after it was announced. Dailey looked back glumly at his family members and friends after the verdict and was comforted by Stallworth, who wrapped his arm around him.
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