Dominique Bailey and Kevin Spencer are convicted of third-degree murder in the death of 4-year-old Damari Carter.

This was a split verdict. Jurors convicted on third-degree murder, which in Pennsylvania is a killing with malice but without the specific intent to kill. They acquitted on first-degree murder, the premeditated charge that carries a mandatory life term. The Dec. 4 sentencing will set the prison terms.

6abc Philadelphia and NBC10 Philadelphia reported that a Philadelphia jury reached its verdict Monday, Oct. 5, 2026, in the death of 4-year-old Damari Carter. His mother, Dominique Bailey, 33, and her boyfriend, Kevin Spencer, 33, were each found guilty of third-degree murder, conspiracy, abuse of a corpse and false reporting of a crime. NBC10 reported both were found not guilty of first-degree murder. NBC10, citing its partner KYW Newsradio, reported that a juror was dismissed before the verdict for discussing the case outside the courtroom. 6abc reported sentencing for both is set for Dec. 4 at 9 a.m.

NBC10 laid out the timeline. Police got a report on Dec. 30, 2023, that Damari was missing in West Philadelphia. Bailey had told relatives he was hit and killed by a car. Investigators never found evidence of that. Police brought Bailey in for questioning on Jan. 4, 2024, and the next day she told investigators she was involved in her son's death. Officers then served a search warrant at a home on the 3800 block of Reno Street and took Spencer into custody. Damari was still missing for weeks after that. On March 18, 2024, Community Life Improvement Program workers cleaning the 600 block of North 38th Street in the Mantua neighborhood found a duffel bag with his remains inside.

6abc, citing court documents, reported that Bailey saw Spencer repeatedly beat the boy, leaving him with a swollen head and blackened eyes. The affidavit of probable cause said Bailey realized he had died when she went to kiss him goodnight. Investigators said doorbell camera video the next day showed Spencer dragging a bag holding the boy's body out of a home in Mantua, and NBC10 reported surveillance video showed Spencer carrying the duffel bag. Those details come from the charging papers and the trial evidence. The jury's verdict is the finding, and it rejected the first-degree charge. Both defendants can appeal after sentencing. All defendants are presumed innocent until proven guilty in a court of law.