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Man convicted of shooting, killing Modesto boy facing life in prison

MODESTO — A Riverbank man is now facing life in prison after being convicted in the 2017 killing of a young boy. 

The incident happened back on Oct. 28, 2017. That day, 5-year-old Xavier Smith was playing in his family's garage with a 6-year-old friend along Lake Park Court. 

Robert Earl Davis, Jr., was a passenger in a car that drove into the neighborhood. He was armed with an AR-15 assault rifle, prosecutors say, and started spraying several houses with bullets. 

Xavier and his friend were caught in the gunfire. Medics got to the scene and started life-saving measures, but the boy soon died from his injuries. 

The 6-year-old friend was hospitalized and made a full recovery. 

Davis was later arrested after a three-month investigation by the Modesto Police Department. Two other alleged accomplices were also arrested. 

The Stanislaus County District Attorney's Office announced on Wednesday that Davis had been convicted of first-degree premeditated murder and premeditated attempted murder. It took the jury two days of deliberation before reaching the verdict after a three-week trial. 

Davis' sentencing is set for Sept. 7 and he's facing 77 years to life in state prison. 

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