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District Attorney Larry Krasner, DAO’s Homicide and Non-Fatal Shootings Unit Announces Third-Degree Murder Convictions of Two Defendants for Fatally Beating Toddler in 2023

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PHILADELPHIA (October 6, 2026) — District Attorney Larry Krasner and the DAO’s Homicide and Non-Fatal Shootings Unit on Tuesday announced the third-degree murder convictions of Dominique Bailey and Kevin Spencer for fatally beating Bailey’s four-year-old son, Damari Carter, in 2023.

A jury convicted defendants Dominique Bailey (DOB 06/02/1995) and Kevin Spencer (DOB 08/30/1993) of the following:

  • Third-degree Murder (F1)
  • Conspiracy to Commit Murder (F1)
  • Endangering the Welfare of a Child (F1)
  • Criminal Use of a Communication Facility (F3)
  • False Reports to Law Enforcement (M2)
  • Tampering with Evidence (M2)
  • and Abuse of a Corpse (M2)

In 2023, Dominique Bailey moved back from Texas to her father’s house in West Philadelphia. Ms. Bailey needed help with her developmentally delayed, nonverbal son, Damari Carter, and her father, Frank Bailey, offered to help. Around October of 2023, Ms. Bailey began a relationship with Kevin Spencer and began leaving Damari unattended to see Kevin Spencer. When her father confronted her about her parenting, she moved out. The last time the family heard from Damari was in late November around his 4th birthday.

Around this time, Ms. Bailey and Damari moved into Mr. Spencer’s apartment on the 3800 block of Reno Street. In December of 2023, friends of Ms. Bailey called Frank Bailey and informed him that Ms. Bailey had been telling people Damari was struck by a car and died. At this time, none of Damari’s family had seen him in weeks. Ms. Bailey told her family that Damari had been struck and killed by a car. Not satisfied with Ms. Bailey’s explanation, Damari’s family put up “missing person” posters and contacted local news outlets to try to locate Damari. The investigation started on Dec. 30, 2023, when the Special Victims Unit received information about a missing child from the local news.

Special Victims detectives began to investigate the reported auto accident as a missing person case. They contacted local hospitals, the medical examiner’s office, and the Crash Investigation Unit to verify if there were any auto accidents involving a 4-year-old boy. Once police confirmed there were no reported accidents or deaths, they shifted their focus to locating Ms. Bailey. She was located and questioned on Jan. 4, 2024. Initially, she said she was walking with Damari when he dropped a toy and was struck by a vehicle on 40th and Lancaster. When questioned about the facts and details of her story, she then said that Kevin Spencer was the last one with Damari and was the one walking Damari when he was struck.

Detectives located Mr. Spencer, who initially denied knowing Damari. When pressed, he gave a similar story about an auto accident. Both defendants claimed that an ambulance took Damari to the Children’s Hospital of Philadelphia, where he died. Both defendants claimed that CHOP lost Damari’s body.

Based on the false statements, detectives executed a search warrant at the defendants’ Reno Street apartment and found no sign of Damari or any children’s items. Subsequent investigation revealed an eyewitness and video surveillance. The eyewitness gave a statement that, after hearing the sounds of a child crying and repeated beatings over several days in late November into early December, she began to film the sounds and eventually called Department of Human Services (DHS). She also provided information for her hallway camera. The camera showed that on Dec. 5, 2023, Damari was seen entering the apartment for the last time. On December 5th, 6th, and 7th, video captured audio of Damari crying and being beaten. On Dec. 8, Mr. Spencer is seen walking out with a large trash bag. On Dec. 9, Mr. Spencer is seen walking out with a black Puma duffle bag. Forensic review of the defendant’s cell phones revealed deleted videos depicting Damari with injuries to his head and face on Dec. 7.

Damari’s body was later found in a black Puma duffle bag, wearing the same clothing depicted in the deleted cell phone videos. The medical examiner determined the cause of death was homicidal violence.

Sentencing is scheduled for December 4, 2026 before Judge Roxanne Covington.

“Every homicide is tragic, but this case is particularly disturbing on so many levels. Damari’s family will never get to see him grow up or celebrate his milestones, all because of the callous actions of Dominique Bailey and Kevin Spencer,” said District Attorney Larry Krasner. “Not only was Damari brutally beaten and killed, but the defendants then lied to their family and law enforcement about what happened in an attempt to escape punishment. Fortunately, the jury saw through those lies and convicted them of third-degree murder. I commend ADAs John Paul Bezerra and J. Michael Babineau Jr. for their successful prosecution. Our Victim Services Unit will continue to support Damari’s family on their healing journey.”

“I am thankful that we were able to secure justice for Damari and his family,” said Assistant District Attorney John Paul Bezerra. “I am also thankful for all the people who came forward to speak for this little boy who can’t speak for himself. To the eyewitness who bravely came forward and said something and to the Special Victims detectives and Homicide detectives who thoroughly and tirelessly worked investigating this case, thank you for helping us secure justice.”

“The defendants in this case looked to erase Damari Carter without consequence,” said Assistant District Attorney J. Michael Babineau Jr. “The verdict reflects the fact that his life was something precious to his loved ones, and those who took him from the world needed to be held accountable for the pain they caused. I am thankful to all the individuals who helped to achieve the result.”

Contact: Solomon D. Leach, [email protected] 

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The Philadelphia District Attorney’s Office is the largest prosecutor’s office in Pennsylvania, and one of the largest in the nation. It serves the more than 1.5 million residents of the City and County of Philadelphia, employing 600 lawyers, detectives, and support staff. The District Attorney’s Office is responsible for the prosecution of approximately 40,000 criminal cases annually. Learn more about the DAO by visiting PhillyDA.org.

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