Brunswick baby shooting suspect's statements can be used, judge says

Sunday, Aug 4, 2013 2:20 PM
Last updated Monday, Aug 5, 2013 1:40 PM
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BRUNSWICK, Ga. -- A judge has ruled that profane and possibly incriminating statements De’Marquise Elkins made to police can be used when he is tried for murder in the March death of a 13-month-old boy.

De'Marquise Elkins, left, is escorted into the courtroom for motions hearings on his upcoming murder trial in the death of 13-month-old Antonio West.   MORRIS NEWS SERVICE
MORRIS NEWS SERVICE
De'Marquise Elkins, left, is escorted into the courtroom for motions hearings on his upcoming murder trial in the death of 13-month-old Antonio West.

He, his mother Karimah Elkins and sister Sabrina Elkins are to go on trial Aug. 19 in Cobb County. De’Marquise Elkins is charged with murder, aggravated assault, attempted robbery and other charges in a March 21 assault in which Antonio Santiago was shot in the face and killed as he sat in a stroller his mother, Sherry West, was pushing on a sidewalk near their home. West was shot in the leg.

An indictment charging the two women with tampering with evidence asserts they threw the .22-caliber revolver used to kill Antonio and wound his mother into a marsh pond north of Brunswick. Karimah Elkins is also charged with providing a false alibi for her son as is her sister, Katrian Elkins, who will be tried separately.

Presiding Judge Stephen Kelley held two days of hearings on motions on evidence and other matters in advance of the trial.

Glynn County detective Roderic Nohilly said he and a couple of other officers were walking Elkins down a hall after interrogating him the day after the slaying. As they walked, Elkins kept looking back at the officers and then made a “spontaneous utterance.”

“He said - his words - ‘Y’all ain’t got ___ on me. Y’all ain’t got no gun. Y’all ain’t got no fingerprints. All y’all got is a ____ acquittal,’’’ Nohilly testified.

When an investigator smiled at him, Elkins asked, “Oh. Got the gun?”

Elkins’ lawyers argued that police could not legally continue questioning or talking to Elkins because he had invoked his right to have an attorney present.

The lawyers also asserted Elkins, who was 17 at the time, didn’t understand his rights which was evident because he kept saying he wanted to talk with his aunt who was his guardian.

Nohilly also testified that Elkins believed he was still a juvenile and that police couldn’t talk with him unless his aunt, who was his guardian, was present.

At 17, he was an adult under Georgia law and could make his own decisions about getting a lawyer.

Kelley disagreed and said the prosecution could use the statement at trial.

Kelley, who had viewed a videotape of the interview, said the statements were freely and voluntarily given and not in response to questions.

“They were talking to him, reading him his rights, [saying] put your hands behind your back,’’ Kelley said.

During the defense’s challenge of search warrants and the propriety of De’Marquise Elkins’ arrest, information provided by his co-defendant, Dominique Lang, were introduced in support of the search warrants.

Once he was identified and questioned after the March 21 shooting, Dominique Lang said that he had been with Elkins, Lt. Tom Jump testified about information given to other officers.

Lang said that on the day Antonio was slain, he was in the Dixville area with an older boy whom he identified as ‘Marquise who he said was wearing a red shirt. West also said the boy who shot her was wearing a red shirt.

Lang told investigators that De’Marquise had a gun and said he wanted to rob someone, Jump testified.

They approached a woman pushing a stroller and tried to rob her, Jump said of Lang’s statement.

“During the robbery, I was told Lang had said, ‘Marquise had pulled the handgun, shot the baby and shot the woman,’’ Jump said.

Lang told officers they had fled to Elkins’ grandmother’s house in the 1000 block of Martin Luther King Boulevard, and De’Marquise got a ride from there from a woman, Jump said.

The house is about a half dozen blocks east of the spot on the city sidewalk where Antonio West was slain.

The woman drove Elkins north to his aunt Katrina Elkins’ house at 1602 1/2 Martin Luther King Boulevard, and the driver later told investigators that during the ride he had ducked down in her back seat as if he were hiding, Jump said.

Glynn County patrol officer David E. Haney testified that he had driven Elkins to the county police station after Jump arrested him. In searching Elkins before putting him in his patrol car, Haney said he found two bullets, that he believed were .22 caliber rounds.

The indictment says the gun used to kill Antonio Santiago and to wound his mother was a .22 caliber revolver.

Kelley has made a number of rulings on the motions from the bench, but said he will issue written orders on all of them.

Comments (34) Add comment
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rmwhitley
5526
Points
rmwhitley 08/04/13 - 03:05 pm
0
0
Come on
Unpublished

people. he's just like Trayvon Martin. Give the kid a break. I know sharpton and rangel are.

dstewartsr
20388
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dstewartsr 08/04/13 - 03:40 pm
10
1
Presiding Judge Stephen Kelley

Can we clone him and bring him to Augusta to replace the criminal advocates we are stuck with on the bench?

seenitB4
81914
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seenitB4 08/04/13 - 04:05 pm
11
1
can't post what I would like to post

I will just say...I hope he never sees the outside of jail again..ever.

myfather15
50527
Points
myfather15 08/04/13 - 04:21 pm
13
2
I know a mother's love is strong and very BLIND!!

But how could ANY human being, assist another human being with destroying evidence, when that person MURDERED a 13 month old baby, for crying out loud!!!! I absolutely hope and pray they are going for the death penalty!!!

I hope this scumbag gets the death penalty, after he is convicted!!! I just wish they could life in prisonment for those who assisted him!! They are disgusting, vile human beings to help coverup the murder of an innocent 13 MONTH old baby!! These type people DO NOT deserve freedom, nor to breath the same air that decent human beings breathe!!!

jmo
14487
Points
jmo 08/04/13 - 05:59 pm
11
1
This is a good.....

reason to bring back "Old Sparky". The "Happy Needle" is too good these thugs. Better yet, sit the whole family on the "Electric Couch".

Pops
7080
Points
Pops 08/04/13 - 07:28 pm
11
2
I hope Nancy Grace sees

fit to over-hype this on for what passes as her television show. On second thought.....this story probably would not endear her to the West Coast crowd. She won't mention this case......

nocnoc
38851
Points
nocnoc 08/04/13 - 08:46 pm
6
3
A song rewrite fitting for the occasion

Where have all the Civil Rights Reverends gone, long time passing?
Where have all the Civil Rights Reverends gone, long time ago?
Where have all the Civil Rights Reverends gone?
The truth of justice has picked them clean.
Oh, when will the Reverends ever learn?
Oh, when will the Reverends ever learn?

...

nocnoc
38851
Points
nocnoc 08/04/13 - 08:48 pm
15
3
13 month old murdered But where are all the protesters

Then to show what type of moral fabric the family is made of, the family tried to help and lie to cover up the animals murder.

But there is a Big Learning Lesson in this.

Where are all the protesters?
No KKK burning crosses,
No Aryan Brother Marches,
No Lynch mobs storming the Jail,.
No Whites burning down black businesses,
No Whites hunting down family members,
No White Hate Groups offering bounties for family members,
No Whites looting,

In fact the White community while upset has limited its actions to comments and blogs so far.

Which community needs to learn from the other about civil behavior here?

While I am outright Ticked off and venting.

How many of you have noticed the lack of interest by:
any of the Nation Media,
any Hollywood Actors,
any of the various mouthy politicians,
any of the usual liberals
any famous people,
any Civil Rights for a fee Activists,
or by the President, who should have already symbolically adopted the murdered baby into his family for political reasons.

Yep I am going to say it ....

Is because the Shooter was Black and the baby was White?

Or because the baby was not Black and the shooter wasn't a non Black?

It is a clear as a Flashing Billboard, there is behavioral Double Standard at work here.

mrenee2003
2934
Points
mrenee2003 08/04/13 - 09:11 pm
3
15
nocnoc

The protests were because the police failed to charge GZ. Then, the protests were because he was acquitted. If the charged baby killer is acquitted, then why don't you go ahead and start a protest? Until then, you are comparing apples to oranges.

Darby
23734
Points
Darby 08/04/13 - 11:14 pm
12
4
"The protests were because the police failed

to charge GZ."

.
The police didn't FAIL to do anything. There was NO crime and that's why there were NO charges brought. Charges were later brought, illegally, due to vigilante actions and pressure by the likes of OzBama, Sharpton and Jackson.

"Then, the protests were because he was acquitted."

.
Again, vigilante actions (threats and intimidation) against a just and legal verdict. Citizens who know the law and know justice when it is served, have no reason and no inclination to protest.

Someone should put up a monument in the town square to honor George Zimmerman for his courage and sacrifice.

Darby
23734
Points
Darby 08/04/13 - 11:14 pm
12
1
As for Elkins and his apparently degenerate

female relatives....

The family that preys together..... slays together....

KSL
122462
Points
KSL 08/05/13 - 05:28 am
6
2
I like the idea in this case,

I like the idea in this case, of the electric couch! Or the same needle on each one.

seenitB4
81914
Points
seenitB4 08/05/13 - 06:56 am
7
1
What a jerk

His mother & aunt are in big trouble over his actions.....do you think he cares....they will probably spend time in jail too but hey....not his problem--huh.

Protecting a thug is not a wise thing to do.

Brad Owens
4119
Points
Brad Owens 08/05/13 - 07:13 am
7
2
Reciprocity...

I want this vermin to receive fair trial and then if he is guilty I want to see him executed. If the state wants to save money I would gladly donate my time to carry out the sentence.

I only wish that it was enough to pay back society for that crime, but even death seems a little unfitting for a senseless crime such as shooting an infant in the face.

Sad, just sad.

Brad

P.S. The family needs to rot in Reidsville for many years too.

nocnoc
38851
Points
nocnoc 08/05/13 - 08:01 am
7
1
Is it time to bring back Public Hangings

and a Special Appeals Court setup to hear death penalty appeals in a Timely manner (less than 1 year).

Yes, we must be careful not hang the wrong person.

But this is the prefect example of a murder case.
The Murder was eye witnessed, Positive ID was made.
Arrests were quick in coming,
NO DNA was needed,
The murder confessed,
The Murder was fingered by the accomplice.
and the family helped prove he was guilty by covering up evidence then telling where it was.

In such high profile, clear cut cases, Why not cap the appeals process to 18 months and already have the Public Hanging execution time and place scheduled, so if the murders appeal is lost it can be carried out before the victims family dies from long age as now happens too often?

JRC2024
8104
Points
JRC2024 08/05/13 - 09:10 am
7
2
mrenree2003, You are just

mrenree2003, You are just wrong and are feeding off the wrong information. There is a huge difference in the two cases. Zimm did not try to rob someone and then just kill them because he wanted to. Zimm was protecting himself from someone that was assualting him. The baby or the mother did nothing but stroll down the street. Huge difference don't you think.

ColdBeerBoiledPeanuts
7242
Points
ColdBeerBoiledPeanuts 08/05/13 - 09:20 am
5
2
Education

Apparently, some people are educated in the school of Sharpton and Jackson and some have gotten a real education.

navycubfan
194
Points
navycubfan 08/05/13 - 10:46 am
3
3
JRC - -

I agree with mrenee2003. We are comparing apples to oranges... for the exact reasons you say. There is a huge difference between the two. And maybe that's why there are no protests. Because EVERYONE agrees the the Elkins family should have the electric couch (yeah.. I like that too.)

owensjef3
5639
Points
owensjef3 08/05/13 - 11:12 am
0
3
I agree with myfather 4:15. I
Unpublished

I agree with myfather 4:21. I don't get that.

TIRED2
6
Points
TIRED2 08/05/13 - 11:03 am
2
4
WHY???

Why is it that every time there is a crime with black people some of the people always have comments that are so racial. I didn't hear you all when blacks were getting hung for nothing like saying hello to a white female. First of all this crime is no comparison to the Travon Martin case. This person came up killed an innocent child who was with his mother just so he could rob someone. Zimmerman should have stayed in his truck like the police said and Travon would be here today. No protest no nothing because we would not have heard about it. The reason you heard about it HE SHOULD HAVE NEVER GOTTEN OUT OF THE TRUCK LIKE HE WAS INSTRUCTED!!! Protesting this young guys actions and his families would be immoral. But Zimmerman knows he did wrong and was just as surprised as everyone else when they read the verdict.

myfather15
50527
Points
myfather15 08/05/13 - 11:37 am
5
1
mrenee

If this guy is acquitted; watch and see just how many protests there are? Probably ZERO!!

Many would be VERY upset and angry, but with enough sense to NOT claim it's racism, and accept the jury's verdict!! I don't believe OJ was innocent, but I accepted the verdict!! Same would be for this case!! IF this guy is guilty, I hope he gets a fair trial and convicted, then gets the needle. We don't need the punishment drawn out, or have him tortured, we just need him GONE from society and NOT sitting in prison, living off the taxpayers!!!

myfather15
50527
Points
myfather15 08/05/13 - 11:44 am
5
3
Tired2

Oooh, I see we have another new lying commenter!! Welcome aboard!! Amazing how in these arguments, all these new liberal commenters spring up, making it appear their argument is more mainstream.

So, like the other's lets point out your lies!!

Zimmerman was NEVER told to say in the truck, especially by POLICE. He was told by a dispatcher that "We don't NEED you to follow him."

" Zimmerman should have stayed in his truck like the police said and Travon would be here today."

If MARTIN had kept his fists to himself, he would be here today!! Zimmerman had broken ZERO laws that night and still didn't, when he discharged the weapon!! Martin broke the law when he decided to circle around and ASSAULT Zimmerman.

Can you please give a specific reference to those incident's where black were hung for saying Hi to a white woman. Or should we just believe you?

Darby
23734
Points
Darby 08/05/13 - 12:11 pm
4
2
"I didn't hear you all when blacks were

getting hung for nothing like saying hello to a white female."

.
Probably because you have no personal knowledge of any such event. I know I don't and I'm certainly (almost certainly) older than you are.

Do we have a sad, and unfortunate past in this country regarding the treatment of our black citizens? YES WE DO.

On the other hand, only a handful of those in their dotage today were actual victims and most Americans are doing their level best to move on.

Than can never happen as long as one political party perceives it to be in their best interest to cultivate and generate hatred between the races, all the while, claiming to be the standard bearer for minorities.

In response to your question:
"Why is it that every time there is a crime with black people some of the people always have comments that are so racial."

People make those comments because they are sick and tired of being scapegoated by the likes of Jackson and Sharpton.

.
If you will take a moment and be painfully honest with yourself, you will be forced to admit that while JUDGMENT was bad on BOTH sides..... only one person broke an actual law that night in Sanford.

That person was Trayvon Martin, when he decided to attack and assault what he assumed to be an unarmed man in the dark of night.

Remember, be painfully honest in your evaluation.

owensjef3
5639
Points
owensjef3 08/05/13 - 12:11 pm
3
4
Emmit Till was the most
Unpublished

Emmit Till was the most famous, but myfather we know this use to happen so stop doing your impression of Humble Ang

navycubfan
194
Points
navycubfan 08/05/13 - 12:20 pm
2
1
Tired2

I wish the Zimmerman/Martin case would go away. It should never have been made as big is it was and it's a shame that it continues to be brought up as a comparison to almost every shooting/murder that happens here in the CSRA, especially by folks who don't seem to have their facts straight. The main thing about this case is that this mother and baby were doing absolutely nothing wrong and this idiot (he'd be an idiot no matter what race/creed/religion) needs to to die a slow painful death.. and his family who covered for him needs to watch...and then rot in jail for their part.

Fiat_Lux
14854
Points
Fiat_Lux 08/05/13 - 12:37 pm
4
1
This piece of detritus has absolutely no clue

that what he did was utterly and totally savage. He hasn't any idea that he should be feeling sorrow about what he has done, that he should have some level of self-reproach because of what he did. Unfortunately, there's not a shred of remorse there. Others in his family seem to share this flaw, this lack of humanity.

As horrible as he clearly is, as obvious as it is that he is nothing more than a homo sapiens primate, actually holding someone this bereft of humanity responsible for his cruelty and crime is probably not reasonable.

It would be like expecting a dingo or a pit bull to feel remorse for mauling an infant. He is simply something that must be removed and contained for the sake of society.

The desperately sad thing is what he was designed and intended to be, what his real destiny was.

WildTurk61
7
Points
WildTurk61 08/05/13 - 01:34 pm
2
2
A little common sense...

I'm tiring of those who immediately jump all over an issue just to make a statement about race, race politics, how this is unfair because one is of a certain color (or not)... And how morally superior one must feel to compare one individual case (i.e., Zimmerman) with another (Elkins/Lang) that have no relation, no commonality, no similarity whatsoever. Let's find the common ground, folks! Jesse Jackson, Al Sharpton and others are not involved, and everyone who understands their politics knows they will never get involved in a case like this. So get over it. Posting on a reader blog isn't going to change either Jackson or Sharpton, and they certainly aren't going to come forward and sheepishly say, "Gee, golly, gosh, you're so right. I need to take a public stand on this..."

Let the prosecutors and the court system do its job. And for those who want to stick a needle in Elkins' arm or cause him to suffer a slow, painful court-ordered death, while I understand the disgust and desire to punish someone for committing such a vile act, the law in Georgia will not allow the death penalty to be invoked on someone who was under the age of 18 when they committed the crime. Like it or not, that's the law. Again, get over it. If convicted, the best outcome possible is that Elkins and Lang will never see the free side of a jail cell again.

Darby
23734
Points
Darby 08/05/13 - 03:37 pm
1
0
"I want this vermin to receive (a) fair trial

and then if he is guilty I want to see him executed."

.
Well, yeah, me too. However, after he's found guilty, it would be appropriate to hang or shoot him and send the bill for the rope or ammo to his mother and/or aunt.

Stalin did one or two things right.

Darby
23734
Points
Darby 08/05/13 - 03:37 pm
1
0
"I want this vermin to receive (a) fair trial

and then if he is guilty I want to see him executed."

.
Well, yeah, me too. However, after he's found guilty, it would be appropriate to hang or shoot him and send the bill for the rope or ammo to his mother and/or aunt.

Stalin did one or two things right.

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