OAKLAND -- Two men were found guilty of a special circumstances murder Monday in a case that forced a jury to make a decision without knowing who killed 22-year-old Shavon Boone or where the murder occurred.
The jury reached its decision based on circumstantial evidence that a prosecutor said proves Frank Irwine, 28, and Kristian Dailey, 34, contributed to the murder of Boone after raping and robbing the San Francisco mother in Oakland seven years ago.
Deputy District Attorney Stacie Pettigrew said three men raped Boone, robbed her, killed her and then stuffed her dead body into a recycling bin.
The third man, Terrance Anderson, 25, will be tried separately in Boone's murder this month.
Boone's body was found Nov. 4, 2006, stuffed in a recycling bin that had been placed in a concrete culvert near the corner of Trask Street and Bancroft Avenue.
While police and prosecutors never discovered who actually killed Boone, authorities collected evidence during two separate investigations linking Irwine, Dailey and Anderson to Boone's death.
That evidence included an ATM security camera video in which Dailey and Anderson are seen hovering over Boone as she withdraws money about 2 a.m. Nov. 2, 2006. The evidence also included a matching of Irwine's DNA profile to a DNA profile of semen that was found in Boone's mouth and vagina.
In addition, cell phone records show that Boone, Irwine and Anderson were together in East Oakland the night police believe Boone was killed. A further investigation found that area to be close to where Anderson lives and where Boone's body was found.
Furthermore, the trash can in which Boone's body was found came from the apartment complex where Anderson lived at the time.
Though it appears Dailey was not at the scene of the murder when it occurred, the jury found that he aided and abetted in the murder and that the killing was related to the robbery of Boone, which occurred at least a half-hour earlier at an ATM in downtown Oakland.
As a result, Dailey was found guilty of first-degree felony murder and of committing a special circumstances murder in the course of a robbery. Dailey faces life in prison without the possibility of parole.
Dailey's attorney, Darryl Stallworth, said he was disappointed with the verdict and surprised that the jury believed Boone was robbed and that the murder, at least a half-hour later, was connected to the robbery.
"I don't think there was a robbery," Stallworth said. "I'm just disappointed and surprised that a jury would make that connection."
Irwine also faces life in prison without the possibility of parole. The jury reasoned that Irwine committed a forcible oral copulation before he either helped kill or killed Boone on his own.
Assistant public defender Ray Plumoff, Irwine's attorney, argued that the sexual contact between his client and Boone was consensual. Plumoff pointed to numerous phone calls Boone made to Irwine before her death in arguing that Boone probably was interested in Irwine.
The jury appeared to believe Plumoff by failing to find that Irwine raped Boone; however, the jury did find that Irwine forced oral sex based largely on a statement Irwine made to police during which he said Boone would not perform oral sex.
Both men are scheduled for sentencing in November.