ST. LOUIS — A ºüÀêÊÓƵ man was sentenced to 10 years in federal prison Tuesday, in part because a federal judge found it was likely that he was responsible for the shooting death of 7-year-old Xavier Usanga in 2019.
Malik Ross, 24, has not been charged with Xavier’s death in state or federal court, but after about three hours of testimony in federal court Tuesday, U.S. District Judge Rodney Sippel said the shooting was likely the event that motivated Ross to steal $50,000 from his employer, an armored car company.
ºüÀêÊÓƵ police Detective Matthew Frichtl told Sippel that on Aug. 12, 2019, Ross was “very agitated†after a dispute over lottery tickets at a market near the scene of the shooting in the 3500 block of North 14th Street. He decided to walk to a nearby gas station to buy the tickets instead, but was still agitated and paranoid when he encountered two teenagers, ages 18 and 16, walking across the street. He opened fire, acting both irrationally and recklessly, Frichtl said.
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Ross was wearing a bulletproof vest with a loaded Glock handgun tucked in his waistband. He told police that the teens made a comment about whether his vest was real, and insisted that one of them fired first, Frichtl said. But he changed his story repeatedly and his claim was contradicted by evidence. A nearby security camera recorded no initial shot from either teen, only Ross’ six shots, followed by eight more after he ran into a nearby alley, Frichtl said. All the shell casings that were recovered came from the same gun, which did not match a gun the 18-year-old had.
Ross was in the direct line-of-sight of where Xavier was playing in the back yard of a nearby house.
The 18-year-old was also hit and nearly died.
Ross’ gun has not been found. Ross told police that a relative stole it the night of the shooting.
Detective David Rudolph testified that Ross called his aunt, Shamkeia Jackson, after the shooting and told her, “he killed the boy on the news and needed to get out of town.â€
The next morning, Ross dropped a bag containing $50,000 out of the armored car he was driving and his aunt picked it up. He was planning on using some of the money to flee town for months. Police found a backpack containing $23,000 of the money when they arrested Ross.
Ross pleaded guilty in August to conspiracy and stealing charges and admitted taking money from his employer, Garda World Cash Logistics. Under recommended sentencing guidelines, he faced eight to 14 months in prison. Assistant U.S. Attorney Allison Behrens asked Sippel for a “substantial†increase, citing the shooting.
Sippel can consider other evidence about the “history and characteristics†of a defendant during sentencing.
Ross’ lawyer, Beverly Beimdiek, said Ross should be punished for the crime he committed, not the crime with which he has not even been charged. She said evidence does not show what gun killed Xavier. The bullet that hit him has not been recovered. She also said Ross had the right to defend himself against either the legitimate or perceived threat that the teens represented.
Behrens responded that she couldn’t comment on why the ºüÀêÊÓƵ Circuit Attorney’s Office rejected the murder charge sought by police. She said Ross’ self-defense argument was not supported by the evidence or Missouri law.
Sippel said the 14 shots Ross fired in a residential neighborhood were evidence for “reckless disregard,†and that shooting and the stealing were “inextricably intertwined†based on Ross’ belief that he was responsible for the shooting. Sippel said he picked a sentencing range between what a manslaughter charge and a second-degree murder charge might bring.
A spokeswoman for Circuit Attorney Kim Gardner said the shooting is still under investigation, and pointed out that there is no statute of limitations for a murder charge.
Jackson, Ross’ aunt, was indicted in federal court in November on a conspiracy charge and has pleaded not guilty. Her trial has been scheduled for April after delays due to the coronavirus pandemic.
Malik Ross, 23, appeared in court on an unrelated charge: Prosecutors said he stole $50,000 from an armored car company for which he worked.
Coverage of children who died in the ºüÀêÊÓƵ area in 2019
These are the local incidents of homicide or neglect involving children, based on Post-Dispatch reporting. This list doesn't include children killed in car accidents (unless a criminal charge was filed) or incidents not being investigated by homicide detectives.
A body that was found over the weekend in the parking lot of an East ºüÀêÊÓƵ middle school was identified Monday as that of a 13-year-old boy.
Police in Ferguson found two teen boys, ages 15 and 16, who both had been shot, inside a vehicle about 12:45 p.m. The older teen was seriously…
Sylvester Knighten Jr., 31, and the boy’s mother Danesha Cannamore, 31, were both arrested when police responded Wednesday to a call for an un…
The father of a 2-year-old girl killed in an accidental shooting in north ºüÀêÊÓƵ County this week is accused of leaving a loaded gun in a d…
Caleb Smith, was gunned down Wednesday in an alley in the 8300 block of Strathmore Place.
At 9:20 a.m., East St Louis police drove to the John de Shields Housing Complex, 1235 McCasland Avenue, after reports of a shooting.Â
Tavares Chisholm, 4, of ºüÀêÊÓƵ, was hit and killed by a car as his mother pushed him and a 2-year-old in a stroller. A 27-year-old was char…
A 15-year-old boy was gunned down before sunup when someone fired a flurry of shots into a home in the north ºüÀêÊÓƵ County area of Glasgow …
The shooting happened shortly after 6 p.m. Thursday near the 11100 block of Oak Parkway Lane, as the teen walked through an apartment complex …
A 3-year-old boy fatally shot himself after finding a gun in the Laurel Park apartments north of Jennings, police said.
He was found shot in the head just before 6 a.m. in the 7300 block of Vermont Avenue in the Carondelet neighborhood of south ºüÀêÊÓƵ.
Police confirmed that a 10-year-old girl was among three people killed on the 700 block of North 21st Street around 6:30 p.m. The other victim…
Mayor Lyda Krewson urged tipsters to call CrimeStoppers at 1-866-371-8477. The usual reward is up to $5,000 for helpful tips.
The shooting occurred about a block north of Soldan High School, where a football exhibition was held Friday night. Fights broke out at the ev…
The mayhem has left brass begging for leads, politicians promising change, and parents at wits’ end: frustrated by lackluster investigations, …
Officers found Jason Eberhart Jr. dead in a parking lot in the 1300 block of Hogan Street around 2 a.m. Police said he was shot several times.Â
Taylor Jordan Baumer, 20, of the 1000 block of Adworth Drive in Mehlville, has been charged with endangering the welfare of a child in the fir…
The day before he was to start as a second grader at Clay Elementary, Xavier Usanga was fatally shot while standing near an 18-year-old who wa…
He was inside an apartment with a group of teenagers when he was shot. He was found dead soon after.
Eddie was shot about 8:30 p.m. at a home in the 4700 block of Page Boulevard near the intersection with Marcus Avenue, police said. He was sit…
Was found shot to death inside a vehicle at a gas station at 4355 South Broadway; a 16-year-old in the car was not injured.
Robert Michael “R.J.â€Â Dorsey, was shot about 9:15 p.m. in the 800 block of Vegas Drive, in south ºüÀêÊÓƵ County. He was shot in the torso an…
Two teens and one adult were shot about 7:30 p.m. in the 1500 block of Fourth Street in Madison. One of the teenagers died of his wounds.
Police found him lying in the street about 3 a.m. Tuesday with multiple gunshot wounds in the 44000 block of Cupples Place. He died the next day.
Michael Henderson Jr., 15, of Centreville was shot in the 800 block of East 15th Street. Police responded to the scene at 2:37 p.m.Â
Myiesha Cannon, 16, was shot in the head about 1:25 a.m. in the 4400 block of Lexington Avenue. Police have labeled the shooting as a "suspici…
Police are labeling the case a "suspicious death" and released no additional details. Her mother said she found a 9 mm pistol and accidentally…
Kennedi Powell and her neighborhood friends had just swarmed her father’s car for a piece of pizza Sunday evening when a white car drove past,…
Jashon Johnson, of the 2700 block of Allen Avenue, was shot several times near Red Bud and Margaretta, police said.
The parents of a baby girl who died last week after being left inside a hot car in Calverton Park were charged with manslaughter Monday.
Kristina Curry, 16, was found dead just before 5 a.m. Thursday on a rear parking lot at Roosevelt High School at 3230 Hartford Street, police said.Â
Jaylon McKenzie, 14, an eighth grader at Mason-Clark Middle School in East ºüÀêÊÓƵ who was featured in Sports Illustrated as one of six youn…
A St. John woman left three young children alone for several hours and came home to find her 4-month-old son dead, prosecutors say. She was ch…
Kayden Johnson, 2, and his mother Trina’ty Riley, 18, were found dead with gunshot wounds shortly before midnight in their home in the 5900 bl…
Curtis Marshall, 15, was the victim of a targeted shooting in the 1700 block of Cargill Drive, police said.Â
Police initially called the shooting a "suspicious death," but later said they had concluded Evione accidentally shot himself in the 1700 bloc…
Malik Moore, 17, was shot in the 100 block of Chambers Road about 2:50 p.m., authorities said. He lived on the same block, just west of Riverv…
Demarco Washington, 32, of the 10700 block of Spring Garden Drive in the Glasgow Village area, was charged with a felony count of child endang…
Elijah Roby, 2, died in a car accident. His mother, Ebony Roby, 25, was charged with first-degree child endangerment in connection with the case.
Robert Patrick • 314-340-8131 @rxpatrick on Twitter RPatrick@post-dispatch.com