By Carlos Correa

MODESTO (CBS13) — Three men in Modesto are now facing murder charges for the shooting death of two people, including a 5-year-old boy who died as he was playing in his front yard.

Family members of the child received the news over the weekend and are speaking out exclusively to CBS 13.

Many of the toys belonging to Xavier Smith, 5, remain on the front doorstep just a few feet away from where he was gunned down in late October.

“They took away my laughter, my joy,” his grandmother Leticia Smith said.

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According to detectives with the Modesto Police Department, Ryan Desousa, 20, was driving a vehicle with Robert Davis, 21, in the passenger seat. Davis shot at several homes.

One of those bullets struck and killed 5-year-old Xavier.

“Little, young, inconsiderate punks. I’m happy they are off the streets, I am. I feel bad for the other parent going that is also going through the same thing that we’re going through,” she said.

Police also arrested David Wilmore, Jr., 21, who was an accomplice when Davis allegedly shot and killed Cody Lea, 21, almost a month later. Detectives say drugs were the motive behind both shootings.

“We’re doing a little bit better. It’s just like, everyone wants to think that we are excited, oh it’s peace, you guys are getting justice, but it’s not justice until we actually find out what justice is going to be,” said Asia Thompson, Xavier’s Godmother.

Detectives believe the home where Xavier Smith lived was not the intended target and believe Davis was the shooter in both cases.

“It’s kind of bittersweet, you know; it was good to hear, it just doesn’t bring him back,” said father, Marcus Smith.

The family says Xavier was a loving, caring child who was very active. He played little league, a sport his father, Marcus wants to coach all in his memory.

“This has been the roughest time of my life, and you know there has been some people out there who has really helped me out and some special people that have helped me get over this every day. I thank you guys,” he said.

The family also wants to organize a community event where people can come together to remember and celebrate the young life of Xavier Smith.

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