Accused baby killer taunted cops, jury told

Atlanta Journal-Constitution, Bob Andres
Defendant De'Marquise Elkins enters court, Thursday, Aug. 22, 2013 in in Marietta, Ga. Dominique Lang, the 15-year-old co-defendant of De'Marquise Elkins, a man accused of fatally shooting a baby in a stroller during a robbery attempt in coastal Georgia pointed at the 18-year-old in court and said he was the shooter.
Friday, Aug 23, 2013 12:52 PM
Last updated Saturday, Aug 24, 2013 8:27 AM
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MARIETTA, GA. -- A Brunswick teen accused of shooting a toddler to death on a city street taunted police over their lack of evidence, but his demeanor changed when he perceived they had located a gun, a Glynn County investigator testified Friday in his trial.



De’Marquise “Marky” Elkins is being tried for murder in the March 21 killing of 13-month-old Antonio Santiago during the botched robbery of his mother, Sherry West, who was shot in the leg. The trial is in Cobb County Superior Court because of the heavy news coverage in Glynn County.

Roderic Nohilly told the jury how Elkins claimed in a pre-arrest interrogation that he had nothing to do with the crime and was instead sleeping alone at his aunt’s home at the time Antonio was killed. The interrogation ended when Elkins said he wanted to call a lawyer.

Officers got an arrest warrant and, as they were handcuffing Elkins, he made what Nohilly described as a “spontaneous utterance.”

“He said, as he was walking out, ‘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 Elkins saw another detective smile he said, “Oh, got the gun?”

Before the jury entered the courtroom, Elkins’ lawyers argued Nohilly shouldn’t be allowed to repeat Elkins’ statements because he was under arrest and had said he wanted a lawyer. Glynn County Superior Court Judge Stephen Kelley already had ruled in a pretrial motions hearing earlier in the month that the statement was allowable. He stuck with that ruling Friday.

Before court recessed for lunch, Elkins’ defense lawyers asked for a mistrial when Wrix McIlvaine, who is representing Elkins’ mother Karimah, asked investigator Stephanie Oliver why she had been looking for Elkins at his mother’s home. Karimah Elkins, 36, is on trial for lying to police and evidence tampering.

In posing the question, McIlvaine asked Oliver about Karimah Elkins having lost custody of her son after suffering a stroke.

McIlvaine asked Oliver if the loss of custody was in “a juvenile report or something.”

The reference to a juvenile report damaged De’Marquise Elkins’ character before the jury, the defense argued.

Kelley denied the motion and instructed the jurors to disregard the question and remember that only witness testimony is evidence.

Sarah Peppers, a gunshot-residue analyst with the Georgia Bureau of Investigation’s Atlanta crime lab, testified she found evidence of gunshot residue on swabs made of the hands of West and Antonio’s father, Louis Santiago.

De’Marquise Elkins’ lead attorney, Kevin Gough, repeatedly objected when District Attorney Jackie Johnson tried to ask Peppers about the possibility that Santiago could have gotten the residue on his hands by caressing West in the emergency room.

Ironically, Gough laid out the theory of West’s residue rubbing off on Santiago when he had Peppers read a GBI memo about it.

Peppers testified her analysis could not determine concretely whether the residue on the swabs was from their having fired a gun or having rubbed against something. She did say the appearance of few particles on Santiago suggests that he had not shot a gun recently.

Other witnesses were police officers describing their roles in the investigation which involved nearly every detective in the Brunswick and Glynn County departments.

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myfather15
55844
Points
myfather15 08/23/13 - 02:12 pm
17
1
Agree Fiat!!

There is absolutely NO CHANCE this attorney didn't know his junenile records are sealed!! Even lowly street deputies know this!! This was an absolutely disgusting attempt at getting a mistrial, probably planned by both disgusting attorneys!! This is unbelieveable!! The level these attorneys will stoop, in defending these poor excuses for human beings!!

poormancometh
41
Points
poormancometh 08/23/13 - 02:45 pm
12
0
Attire and appearance

It is amazing how defendants present themselves in court as opposed to their attire and appearance normally. This young man pictured could be receiving an academic scholarship judging by the picture. Obviously this applies to all cases but it is striking compared to the pictures of him previously.

rmwhitley
5547
Points
rmwhitley 08/23/13 - 03:47 pm
0
1
lowyers
Unpublished

and negroes are out of control. susie q( as in queer) manning's lowyer says he/she will force Americans to pay for transgender proceedings even though susie q has lost it's civil rights and then nadal hasan's lowyer will want him to be given his 5 times daily worship rights. hasan can not be dishonorably discharged, as that is for enlisted personnel only but has lost his civil rights. elkins kills a baby and his lowyers want a mistrial. glenn, a 16 year old thug in Spokane, Washington and a fellow negro beat an 88 year old WWII vet to death and the naacp, splc, and aclu will cry foul because they're picking on young, underpriviledged punks. Some caucasians with strong backbones have to stand up to these idiots. You negroes and lefties wonder why I'm a racist.

rmwhitley
5547
Points
rmwhitley 08/23/13 - 03:50 pm
0
1
And forgive me
Unpublished

for forgetting the 3 punk negroes who joy killed a young, caucasian Australian in Oklahoma.

Pops
12528
Points
Pops 08/23/13 - 03:54 pm
12
0
He has no soul

none whatsoever

dichotomy
36302
Points
dichotomy 08/23/13 - 05:22 pm
11
1
This is the mentality of more

This is the mentality of more teens out there today than anyone wants to admit. Even some that are made out by their mamas to be innocent 15 year olds who just happened to be running from an attempted burglary. And our law enforcement, prosecutors, and judges only seem to begrudgingly get involved AFTER they kill someone. Then we find out they have been in and out of jail multiple times and have gotten a PASS from these weak kneed, spineless prosecutors and judges to get back on the street and murder people when they should have already been doing 25 to life for their JUVENILE crimes.

oldredneckman96
5115
Points
oldredneckman96 08/23/13 - 06:42 pm
15
2
A son?
Unpublished

Obama may have a son and this may be him! Seems to have the same set of morals.

CobaltGeorge
170599
Points
CobaltGeorge 08/23/13 - 08:18 pm
11
1
I would bet

that this 'IT' is the first time he has worn a tie. I know he didn't make the knot in it.

jmo
17781
Points
jmo 08/23/13 - 10:17 pm
13
0
I can think.....

of another tie he should wear.

seenitB4
93843
Points
seenitB4 08/24/13 - 06:22 am
7
0
Evil in our midst

Do you still wonder about that?

Fiat_Lux
16246
Points
Fiat_Lux 08/24/13 - 06:39 am
7
0
The comment sensitivity level is set at hair trigger

Fine that stu... completely wonderful, enlightened and straight-arrow of an attorney for the mother, and give him a night in custody for what was almost certainly a calculated act.

Is that better:? Or perhaps simply having someone object is the current criterion for pulling a comment. Somehow, calling an unidentified lawyer stupid in a highly publicized trial doesn't really seem to breech the sacred wall.

nocnoc
47400
Points
nocnoc 08/24/13 - 07:49 am
4
0
What happen to the usual Lawyer cleaned up?

usually lawyers do a make over of clients to present a image different than the police Mugshot.

Here the original mug shot picture, more less looks the same.

http://localtvwghp.files.wordpress.com/2013/03/baby_shooting_suspect.jpg...

Seriously, We really need to bring public hangings.
Saturdays noon in a PUBLIC place.

TrulyWorried
16067
Points
TrulyWorried 08/24/13 - 07:52 am
5
0
juvenile criminal

make it a short trial - save money, put him away, folks are waiting for him, he'll regret his crime the rest of his natural life (I hope)scum of the Earth!

BillC1
49
Points
BillC1 08/24/13 - 08:11 am
0
6
Innocent until proven guilty?

I have followed some of this trial. I have no idea if this guy is guilty, but it looks like a close case. How about we wait until the jury decides before we convict and execute him?

itsanotherday1
47013
Points
itsanotherday1 08/24/13 - 08:40 am
6
0
Bill, normally I would agree;

Bill, normally I would agree; but if you've followed this from the beginning, you would know beyond a shadow of a doubt he is guilty. Even if there is a jury member who nullifies the verdict; I wish the worst life and God has to deliver to this feral "human".

jimmymac
45780
Points
jimmymac 08/24/13 - 10:10 am
7
0
SCUM
Unpublished

Anybody who could point a gun at a 13 mo. old child and shoot it in the face is beyond help. This animal should be put to death but Ga. law will prevent it because he committed the heinous crime while a juvenile. One can only hope that when he gets to the joint the prisoners will exact the type of sentence he truly deserves. You only have to look at his lying relatives to understand how this thug could be raised without a shred of decency. The whole bunch belongs in prison forever.

scoopdedoop64
2488
Points
scoopdedoop64 08/24/13 - 10:34 am
7
0
Change Things By Public Discipline

Must agree with nocnoc on this point. We must change things and one way is to take criminals of this sort back to their neighborhoods where they hang with their homies and publicly put them to death. It sounds inhumane but only when others see the consequences of their deeds will they change their ways.

GnipGnop
12692
Points
GnipGnop 08/24/13 - 11:05 am
5
0
until regular citizens are allowed to arm themselves

zLike the criminals do without regard to consequences this will happen more and more...I will not be a victim. My family and my belongings come before your life....mess with either one and I promise you a dirt nap.

CobaltGeorge
170599
Points
CobaltGeorge 08/24/13 - 01:26 pm
4
0
scoopdedoop64

I have been preaching that for years. The impact for killing much have a viewing as to what is coming for doing it. Right now, there is no fear.

Gage Creed
18920
Points
Gage Creed 08/24/13 - 06:18 pm
3
1
Justice for Antonio...

Justice for Antonio...

TrulyWorried
16067
Points
TrulyWorried 08/24/13 - 06:59 pm
3
0
Baby killer

PLEASE don't link the word "animal" with a criminal! God's creatures don't deserve that - I'd rather deal with an animal than many a human being!

Darby
28399
Points
Darby 08/25/13 - 10:19 am
4
0
Just wondering why Al or Jesse didn't

give this guy an honorable mention at yesterday's gala in DC.

They did heap praise on that other thug, Trayvon Martin.

After all, Elkins hasn't been convicted of any crime. Just seems to be the kind of thing you'd expect from those two.

Marinerman1
5318
Points
Marinerman1 08/26/13 - 08:37 am
3
0
Dirt Nap Required

There should be only one verdict in this trial. And it should not take 20 years. Mom should go to jail for a long time -- 10 years or so. Also, should be forced to be @ the execution of her little man...

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