Durham rapper ‘Lil Tony’ and 2nd defendant get life for 9-year-old boy’s murder

A North Carolina rapper convicted in a gang-related killing of a 9-year-old boy was dragged out of a federal courtroom by U.S. Marshals on Tuesday as he cursed at a prosecutor and said he didn’t do it.

“That (expletive) don’t know what the (expletive) she is talking about,” shouted Antonio “Lil Tony” Davenport, handcuffed, shackled and wearing yellow jail scrubs, as officers pulled him out of the U.S. Middle District courtroom in Greensboro.

As Davenport started his outburst, his mother yelled for him to stop and his grandmother yelled she knew he didn’t do it.

Emotions among family members of Z’Yon Person, the 9-year-old Davenport was convicted of killing, were already high during the intense sentencing hearing. Discussions by the judge and others focused on what sentence would be appropriate for Davenport, but also on how to save Durham from a culture of violence.

“It’s eating Durham alive,” Assistant U.S. Attorney JoAnna McFadden said.

Murder, gun and racketeering charges

In July, a jury found Davenport, 27, guilty of three federal murder, gun and racketeering charges related to the killing of Z’Yon in August 2019.

Just days before the killing, Davenport, a member of the rap trio 83 Babies, had signed a contract with Atlantic Records, according to court records.

Davenport’s two co-defendants pleaded guilty to similar charges under deals with prosecutors before Davenport’s trial.

Derrick Lamont Dixon, 27, and Dival Magwood, 24, pleaded guilty to conspiracy to engage in acts of racketeering and commission of a violent crime that is murder in aid of racketeering.

Prosecutors argued the three defendants were members of the Braggtown-based Northside Eight Trey Gangster Crips.

The men opened fire on an SUV at the intersection of Leon and North Duke streets around 8:30 p.m. Aug. 18, 2019, thinking it was occupied by rival gang members who had jumped Davenport days earlier at The Streets at Southpoint mall.

Instead of gang rivals, however, the SUV was being driven by Danyell Ragland, who was taking her three children, along with her niece and nephew, to Pelican’s Snoballs on the hot August evening.

Five bullets hit the SUV, and two went in the passenger side back-seat window.

One bullet pierced the arm of Ragland’s son, who was 8 years old at the time.

Another went straight through Z’Yon’s forehead. He died the next morning. The bullet that killed Z’Yon likely came from Dixon’s gun, according to court testimony.

Davenport was driving his maroon Honda Accord. Magwood was in the front seat, and Dixon was in the back.

Magwood testified at Davenport’s trial that Davenport and Dixon shot up the SUV. He said he would have too but couldn’t get a good shot in the front passenger side seat.

Dixon initially told police he was in the car, but that Magwood and Davenport were shooting, not him.

During the trial, Dixon and Magwood were described as Eight Trey Gangster Crips shooters, or demons, as they were known in the gang, according to testimony.

Hugs, football and hanging with friends

On Tuesday, prosecutors, law enforcement, family members and others filed into the courtroom for the 9:30 a.m. hearing.

About a dozen of Z’Yon’s family members and friends attended, most wearing T-shirts with his name and the words “Justice for Z’Yon” on them.

Initially all three defendants were in the courtroom as Z’Yon’s family described the despair they live with as they try to navigate life without the boy who loved to give hugs, play football and hang out with his cousin and siblings.

Ashley Ragland said her son would comfort her when she was having a bad day.

“He would come up to me with his big brown eyes and just hug me,” she said.

When Z’Yon died, Ragland said, it felt like her heart had been ripped out. Now she and her kids are always asking why, she said.

Z’Yon would have turned 13 this month, Ragland said, and they will never experience the joy of watching him grow up, go to prom and graduate.

“I wish this was a dream,” she said. “Y’all need to be buried under the jail.”

Z’Yon’s sister and cousin said Z’Yon was their best friend and that when he was killed part of them died too.

“You also took a piece of me,” said Z’Yon’s sister, who was referred to by initials during the hearing since she is a minor.

As Zyon’s aunt Danyell Ragland testified that her son who was shot doesn’t like to socialize anymore, the young man began to cry loudly and couldn’t stop. His grandmother put her arms around the boy, as the judge suggested he take a walk outside of the courtroom.

Osteen asked Z’Yon’s mother and aunt what actions he could take to keep other little boys from joining gangs and picking up guns.

“I am not going to let Z’Yon Person die in vain,” Osteen said.

Keep Davenport in prison for the rest of his life, Z’Yon’s family mostly said.

But Osteen wanted more, he said.

“How do I fashion a sentence that protects these fine people in the community?” he said.

After Z’Yon’s family’s testimony, Dixon and Magwood left the room for Davenport’s sentencing hearing.

Girl shot in the leg during earlier incident

Davenport’s outburst Tuesday came as a prosecutor outlined a pattern of recklessness and a disregard for the safety of others.

McFadden said that in January 2019, about eight months before Z’Yon was killed, Davenport saw a rival gang member in line at a Cook Out restaurant drive-through.

Davenport, who was alone, shot at the car, which followed him and led to a shootout down Roxboro Road, according to prosecutors.

A 14-year-old girl in a Jeep was shot in the leg.

Afterward, Davenport had his silver Honda Accord painted maroon. He had it painted black after Z’Yon was killed, McFadden said. Davenport’s attorneys questioned whether their client’s vehicle was involved in the January shooting.

McFadden argued that Davenport gave in to the culture of violence, picking up felonies and other charges starting when he was 15 years old.

Davenport went on to a life of carrying and brandishing guns, selling drugs and shooting at rivals. It was a life he lived and rapped about.

And even after he shot a 14-year-old, he continued the pattern that led to killing Z’Yon and would have led to others if key witnesses had not come forward, McFadden said.

”He would have not stopped,” McFadden said.

Two life sentences

After Davenport was taken from the courtroom, the judge set his sentencing for after Dixon’s.

Osteen sentenced Dixon to two life sentences to run concurrently, along with 10 years for a federal gun charge that will also run concurrent with the life sentences.

When Dixon was young his cousin was shot and killed by police, his attorney Bays Shoaf said.

Police and court reports indicate the cousin had a gun, but Dixon and his family don’t believe it, according to statements in court.

“Shortly thereafter he got into gang activity,” Shoaf said.

Later his 17-year-old pregnant girlfriend died in a car wreck, and one of his brothers died.

Even though the three defendants didn’t mean to kill Z’Yon, they set out that night to hurt someone, Osteen said.

Everyone is somebody’s child, the judge pointed out.

“Whether it was an 8-year-old, a 15-year-old or a 21-year-old, there was an intention to kill a child,” Osteen said.

If the officer shooting his cousin did help put Dixon on his destructive path, where did it take him, the judge asked Dixon.

“Look at where you are now,” Osteen said.

Before his sentencing. Dixon apologized to Z’Yon’s family, even though he said he knows they probably won’t forgive him.

Davenport sentenced

When U.S. Marshals brought Davenport out for his hearing, his face was covered by a white translucent bag. He had to wear the hood after spitting at a Marshal, a court official said.

The judge warned Davenport another outburst would get him removed again.

McFadden continued to argue Davenport wasn’t going to change. After shooting a 14-year-old and being involved in the murder of a 9-year-old, when police arrested him, he was carrying a loaded gun.

“He wasn’t going to stop until someone stopped him,” McFadden said.

Osteen sentenced Davenport to two life sentences to run concurrently, plus a consecutive 10-year-sentence.

Not only did Davenport participate in the gang lifestyle of selling drugs, flashing drugs and hunting rivals, he rapped about it, the judge said.

“The songs I heard are celebrating a lifestyle that killed a child,” Osteen said.

Magwood is scheduled to be sentenced Wednesday morning.

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