Dashawn Gibson, 25, of Newark, received a five-year state prison sentence for fatally shooting Altariq Davis, 28, of Newark, on March 20, 2014 on the 200 block of South 6th Street in Newark
NEWARK -- Nearly two years after Altariq Davis was killed on a Newark street, his widow, Nefertiti Davis, said she tells their 9-year-old daughter that her father is in heaven.
But the child says "she hates heaven," Davis said.
"I can't explain it to my children how daddy's not coming home," Davis said.
Davis offered those remarks on Friday morning in a Newark courtroom when she and other family members called for the highest possible sentence for Dashawn Gibson, who gunned down Altariq Davis, 28, of Newark, on March 20, 2014 on the 200 block of South 6th Street.
Denise Cain, an aunt of Altariq Davis, asked Superior Court Judge Martin Cronin to hand down "the most sentence that you can impose," because she is in "fear for myself, my family and the rest of society for what we are going through, losing our children."
"We're all losing our children, everybody, the ones who are dying and the ones who are killing," Cain added. "Enough is enough."
Nefertiti Davis, the widow of Altariq Davis, addresses the court on Friday, Jan. 8, during the sentencing of Dashawn Gibson, 25, of Newark, who received five years in state prison for fatally shooting Altariq Davis on March 20, 2014. (Bill Wichert | NJ Advance Media for NJ.com) But in accordance with a plea agreement, Cronin sentenced Gibson to five years in state prison.
Gibson, 25, of Newark, pleaded guilty on Nov. 13 to a reckless manslaughter charge for killing Davis and a theft charge for stealing a car in an unrelated case.
Gibson must serve slightly more than four years before becoming eligible for parole and he will receive credit for nearly two years of time served.
After Gibson's sentencing, Cronin sentenced his co-defendant, Hakeem Maloney, 35, of New Brunswick, to three years in state prison after he had pleaded guilty on Nov. 13 to conspiracy to commit robbery. That sentence also was based on a plea deal.
Maloney must serve about 21/2 years before he becomes eligible for parole, and he will receive credit for nearly two years of time served.
Gibson and Maloney declined to make statements during their separate hearings.
Noting significant problems with the evidence in the case, the judge said during Gibson's hearing that the matter was an example of the "unfortunate calculus" faced by prosecutors in assessing whether the available evidence is sufficient to convince a jury of a defendant's guilt beyond a reasonable doubt.
In that scenario, "very often, the court is not in a position to impose a sentence that reflects the loss to the loved ones," Cronin said.
"This is one of those cases," the judge added.
During Gibson's sentencing, Essex County Assistant Prosecutor Paul Bradley, who handled the case, said the matter was "very difficult" and that "prosecutors don't have magic wands to create evidence."
"We don't have that...or to get witnesses to cooperate, and unfortunately, that was the problem here," said Bradley, adding that "we did the best we could with a difficult case."
According to Bradley, Gibson and Maloney were part of a group who approached Davis to commit a robbery. Gibson ultimately shot Davis as he was running away, Bradley said.
For Davis's mother, Lorraine Davis, the killing represents the second time in recent years that she lost a son to gun violence in Newark. Another son of hers, Ibn Williams, was killed in a 2011 shooting.
Now the ashes of Altariq Davis and Williams sit in canisters in the living room of her home in York, Pa., she said.
"This hurts us as a family for them to walk away with this little bit of time for a death," Lorraine Davis said today outside the courthouse, referring to the sentencings of Gibson and Maloney. "My son's never coming back."
"This was my best friend," she said, referring to Altariq Davis. "It hurts. No mother should live with this pain."
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.