10-year-old accused in boy’s shooting death won’t face charges as his father faces Sacramento judge

A Sacramento mother, already heartbroken over her 10-year-old son’s shooting death in Foothill Farms over the weekend, said Wednesday her remaining strength evaporated upon learning the accused killer — another 10-year-old child — will face no charges.

“They broke my heart — they crushed me,” Brittani Frierson said, surrounded by her family and a Sacramento activist. “It broke me.”

Frierson sobbed the news outside the Sacramento County Main Jail while waiting for the accused killer’s father to be arraigned.

The father, 53-year-old Arkete Davis, answered, “Yes, ma’am” once during the hearing in which his defense attorney entered not guilty pleas to six counts on his behalf.

Davis is charged in Sacramento Superior Court with having a firearm that a child could easily access, leading to the death of another minor; two counts of child endangerment; having a firearm as a felon; having ammunition when prohibited from doing so; and destroying evidence.

His 10-year-old son, who has not been publicly identified, is accused of firing the gun that killed Keith Jhay “KJ” Frierson on Saturday.

Frierson said the Sacramento County District Attorney’s Office told them the child suspect won’t face charges.

Shelly Orio, a spokeswoman for the Sacramento County District Attorney’s Office, did not answer a question about whether the child would face charges. She referred to a statement issued by the District Attorney’s Office, which said its ethical obligations prevent it from making any comment and that juvenile matters are confidential under California law.

“Based on the facts currently known, the sole criminal liability and responsibility for the child’s death lays exclusively with (Arkete Davis),” the District Attorney’s Office said in a statement.

Sheriff’s deputies were called about 4:30 p.m. Saturday to the 4700 block of Greenholme Drive in Foothill Farms and found KJ Frierson bleeding from his head and neck, a news release said.

Davis and his son were arrested at the scene after being located at an apartment complex. Deputies said the 10-year-old boy went to his father’s car to get cigarettes and found a gun. He’s accused of firing it once, hitting Frierson, after losing a bike race in the townhome complex where the boys lived.

Prosecutor Paris Coleman argued in court to increase Davis’ $500,000 bail to $1 million because his charges relate to KJ’s murder. However, there is no murder charge because California law dictates there must be malice behind a killing and prosecutors didn’t believe facts supported this finding, Coleman said.

He added Davis “deliberately” directed his child to the gun despite knowing it wasn’t locked or secured. Davis then allegedly took the gun — with ammunition — and threw it in a trashcan, the prosecutor argued.

It was Davis’ “wanton” and “reckless” behavior, Coleman said, that has led to the loss of one child and negatively altered the life of another.

Court Commissioner Alicia D. Hartley set a bail hearing for Friday to allow Davis’ attorney to respond to the prosecutors’ arguments. However, Hartley said Davis will be held on no bail until that hearing because his actions showed he didn’t understand the dangers behind disposing a gun inside the trash can.

The gun was found by sheriff’s deputies, who accused Davis of trying to dispose of it. He was prohibited from having a gun, the Sheriff’s Office said.

Frierson and her family gasped and cried during the arraignment and while listening to Coleman describe Davis’ alleged behavior.

“His mother gets to hold her baby and tell him ‘It’s OK,’” Frierson said of the suspect. “ … But when I walked outside, my baby was gone. My baby was gone. He had no chance.”

KJ’s family created a GoFundMe page to give the 10-year-old a “dignified farewell,” family wrote on the crowdfunding website.