Jury deliberates punishment in killing at O’Aces tavern

Monday, Jan. 31, 2000 | 9:36 a.m.

Barbara Cavaretta wept as a District Court jury found Kenshawn Maxey guilty of killing her son, bartender Salvatore Zendano, at the O'Aces Bar & Grill in May 1998.

"No verdict will change the fact that my son is not coming back," she said.

Maxey, 19, sat emotionless, his chin resting on his clenched hands, as a seven-man, five-woman jury found him guilty Friday of first-degree murder in the death of Zendano during a robbery attempt.

The jury was expected to begin its next task today -- to decide whether Maxey, who was 17 years old at the time of the slayings, will die or spend his life in prison with or without the possibility of parole.

A letter-writing campaign led by human-rights group Amnesty International has criticized the district attorney's office for seeking the death penalty against Maxey because he was under 18 at the time.

Maxey also was found guilty of killing his crime partner and best friend, then-18-year-old Lashawn Levi. However, the district attorney's office is seeking only prison time, not death in that killing, which occurred when Zendano struggled with Levi.

The jury also found Maxey guilty of burglary, conspiracy to commit robbery, three counts of robbery with a deadly weapon, battery and one count of second-degree kidnapping. Maxey was found innocent on five additional counts of second-degree kidnapping.

Cavaretta criticized the letter-writers who were trying to save Maxey's life.

"Let them lose a child this way and see if they want leniency given," she said. "No one showed my son any leniency, and all he did was go to work that day."

During the final day of the trial last week, Maxey cried as he testified about the robbery and double slaying. He admitted his involvement in the crime.

Maxey told the jury he needed money because his girlfriend was pregnant and Levi offered him the opportunity to join him in a bar robbery. Maxey, Levi and Artis Moore, 20, drove around and eventually chose O'Aces on Rainbow Boulevard, according to testimony.

The three entered the bar with weapons and Maxey, who told the jury he was instructed by the others to "act real vicious," ordered the patrons to get down on the floor.

While Maxey watched the customers and Moore waited in the car, Levi went behind the bar to empty the cash register but found himself struggling with Zendano.

As they wrestled over Levi's shotgun, Maxey said, a shot rang out, and he heard Levi yell for him to shoot the bartender. Maxey fired six shots. Five struck Zendano and another hit Levi, according to testimony.

Maxey was arrested as he was trying to leave the bar, dragging Levi's mortally wounded body. Moore fled but later was caught. He was convicted last year for his role and was sentenced to life in prison without the possibility of parole.