SBI begins investigation into Cumberland County Department of Social Services

(AP Photo/National Center for Missing and Exploited Children)

The North Carolina SBI has began their investigation into whether or not the Cumberland County Department of Social Services released incomplete records to the District Attorney and Police Department in the case of Shanyia Davis.

Cumberland County Department of Social Services had been involved with the Davis family before Shaniya's murder on November 10, 2009.  The extent of their involvement remains unknown since the Cumberland County DSS has refused to release any information to the public, citing the criminal case.

In a press release issued November 20th, the Cumberland County DSS stated the following:

Department of Social Services’ Statement On Davis Information Requests

FAYETTEVILLE, NC – The Cumberland County Department of Social Services has received numerous requests to release information regarding any connection the department has to Shaniya Davis and her family.

In response, the department is releasing the following statement explaining why those requests for information will be denied:

The Cumberland County Department of Social Services, through our County Attorney’s Office, consulted with the District Attorney’s Office of the 12th Prosecutorial District, in accordance with North Carolina General Statute §7B-2902(d).

The District Attorney has concluded pursuant to North Carolina General Statute §7B-2902(d)(3) and (5) that the release of any information at this time is likely to jeopardize the State’s ability to prosecute the defendant and also is likely to undermine an ongoing or future criminal investigation.

As a result, we will deny any request related to the release of information in the child fatality of Shaniya Davis.

“We extend our heartfelt sympathy to the family and the community,” said Director Brenda Jackson. “Our focus continues to be on assisting law enforcement in any way possible.”

North Carolina General Statute §7B-2902 does provide for the disclosure of information in child fatality or near fatality cases, where the child or family has been a part of a DSS investigation, except when the District Attorney feels that the release of that information could damaged their case against the offender.

On December 4th, 2009,  Cumberland County District Attorney, Ed Grannis and Fayetteville Police Chief, Tom Bergamine both requested that the SBI investigate the Cumberland County Department of Social Services, because they believed that DSS had failed to release complete records to them regarding their involvement with the Davis family.  

In a letter written by Ed Grannis to Cumberland County Manager, James Martin earlier this month, Grannis states:  

“This afternoon I met with Chief Bergamine and the members of the investigative team investigating the death of Shaniya Davis.

Following the presentation by the investigators with the Fayetteville Police Department, Chief Bergamine has requested the SBI’s assistance to determine if Fayetteville Police have received complete and accurate records from Cumberland County DSS regarding this case. Based upon the information provided to me and my senior staff by the Fayetteville Police Department concerning these issues, I share their concern and I have requested the assistance of the SBI to assist us in this regard.”
 

According to the SBI's official Website, "The SBI has statewide jurisdiction and investigates homicides, robberies, property crimes, and other serious cases. Involvement is at the request of the local department that maintains original jurisdiction over the case."

It is unclear, as of yet, what action will be taken against the Cumberland County Department of Social Services, if they are indeed found to have withheld this information.  Criminal charges could be pressed against those involved.

According to WRAL.com, DSS director Brenda Jackson has said, in a statement released by Cumberland County spokeswoman Sally Shutt, “that she would ensure that her office cooperates with authorities to resolve the matter.”

The state Child Fatality Task Force is already reviewing any contact CCDSS had with Shaniya Davis’ family.

A Failure, by Cumberland County DSS, to provide accurate and complete information to the authorities in this case, could affect not only the criminal case, but the findings of the Task Force as well.

Shaniya was reported missing from her home located at 1116-A Sleepy Hollow Drive, Tuesday, November 10 at around 6:53 a.m.

Shaniya's body was found November 16, around 1 p.m. in a wooded area Near Highway 87 in Lee County, 6 miles from Sanford and not far from the Comfort Inn hotel where she was last seen alive by a witness.

Surveillance video from the hotel shows Shaniya being carried by Mario Andrette McNeill through the hotel, and into a room, on the morning of her disappearance. The video is time stamped 6:11 a.m.
Police believe that Shaniya was still alive at about 7:30a.m., when she left the hotel.
 

Mario Andrette McNeill has been charged with Kidnapping, First Degree Murder, and First Degree Rape of Shaniya Davis.

It is unknown if Shaniya's mother, Antoinette Davis will also face additional charges in her daughter's death. Davis has been charged with, Human Trafficking, Felony Child Abuse – Prostitution, Filing a False Police. Report, and Resist, Delay, or Obstruct.

Davis, who is pregnant, is being held in protective custody, for her safety, at the state woman's prison in Raleigh.

The investigation into the events surrounding Shaniya Davis’ death is still ongoing.