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Brunswick man convicted of killing a sleeping toddler in stroller

Friday, Aug 30, 2013 12:37 PM
Last updated 8:11 PM
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MARIETTA, Ga. — A Cobb County jury on Friday convicted a Brunswick man of killing a sleeping toddler in his stroller.



Prosecutors say De’Marquise “Marky” Elkins killed 13-month-old Antonio Santiago and shot his mother, Sherry West, because she wouldn’t give up her purse, as Elkins demanded, during a March 21 robbery. West, who received a gunshot wound to the leg, testified against Elkins.

Elkins faces life in prison. Because he was 17 at the time of the crimes, he cannot be given the death penalty.

Glynn County Superior Court Judge Stephen Kelley will set the sentence at a later date in Brunswick, where he will decide whether Elkins will be eligible for parole.

Elkins’ attorney, Kevin Gough, issued a prepared statement that said he plans to appeal. He told reporters the all-white jury could be one basis for requesting a new trial.

“If you were a 17-year-old black man from Brunswick, Ga., and you were expecting a trial of your peers and 12 white people showed up to try your case, however hardworking, however impartial, you could understand why Mr. Elkins would be concerned,” he said.

The jury of nine men and three women deliberated for two hours, also convicting the teen of an attempted robbery 10 days earlier in which a pastor was shot in the arm when he refused to hand over money.

The Rev. Wilfredo Calix-Flores and two co-defendants from both crimes all testified against Elkins.

Attorneys completed their closing arguments at noon Friday, and Kelley read them a lengthy set of instructions about the law.

The two-week trial of Elkins, now 18, was held in Cobb County because the case has drawn international attention.

Defense attorney Jonathan Lockwood contended in closing arguments that Brunswick police got the wrong man based on the misidentification of the upset mother and biased witnesses and that detectives then refused to consider any other suspects. Instead, they made their evidence fit the case they wanted, he said.

“They already had their guy,” he said. “They were only going to look at that. They were going to pretty it up.”

Lockwood argued that Elkins’ co-defendant, Dominique Lang, 15, was the actual shooter and that he implicated Elkins to protect his cousin and best friend, Joe Lang, who was also supposedly involved.

Both Langs testified against Elkins. Dominique Lang is also charged with murder and will be tried later.

Lockwood reminded jurors that many witnesses, including both Langs, had admitted to lying about various details.

District Attorney Jackie Johnson responded by holding up still images from security video cameras that she said substantiate those witnesses.

“The video can’t conspire with those ‘making up stories,’ ” she said. “... All these ‘liars’ are telling you what happened in the case, but what they’re telling you matches up with the videotape.”

Elkins’ mother, Kamirah Elkins, was tried with him and was convicted of evidence tampering for tossing the murder weapon into a salt pond but acquitted of giving a false alibi. Prosecutors dropped a charge against her of possession of a firearm by a convicted felon because they couldn’t come up with paperwork on her guilty plea in October. They intend to charge her again.

Her attorney, Wrix McIlvaine, said he would have to confer with her about whether to appeal her evidence-tampering conviction. Her daughter Sabrina Elkins, 19, also faces evidence-tampering charges and will be tried later.

Johnson accused De’Marquise Elkins of preying on the weak. Elkins decided to rob Calix-Flores because he believed Hispanics were less likely to put up a fight or report the crime, she said, and he tried to rob West because a mother with a child is also vulnerable.

“I don’t know anyone more weak than a sleeping baby,” Johnson said.

McIlvaine offered his observation about the Elkins family members with their brushes with the law.

“I think crime is borne out of poverty and lack of education and any number of factors, and the Elkins family has had a hard go of it,” he said. “... I don’t believe they’re a violent family. I don’t think there is a violent criminal family (type). They are just products of their environment.”

Comments (15) Add comment
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Darby
23031
Points
Darby 08/30/13 - 03:39 pm
15
2
His lawyer tried defaming the mother,

accusing his accomplice and impugning the integrity of witnesses.

The only thing they didn't try was the Skittles and Sweet Tea gambit.

Probably holding that for the appeal.

chascushman
6653
Points
chascushman 08/30/13 - 04:48 pm
13
3
At least this scum will be
Unpublished

At least this scum will be off the streets for a few years. But the problem is the Great Society, liberals/progressives, democrats and black leaders have created many more just like him.

rmwhitley
5508
Points
rmwhitley 08/30/13 - 06:04 pm
0
0
lockwood learned to
Unpublished

distort the truth at an early age, then honed his skills at law school.

Darby
23031
Points
Darby 08/30/13 - 06:59 pm
13
0
“If you were a 17-year-old black man from

Brunswick, Ga., and you were expecting a trial of your peers and 12 white people showed up to try your case, however hardworking, however impartial, you could understand why Mr. Elkins would be concerned, he said."

A 17 year old animalistic thug. I'm more interested in that dead baby having a jury of HIS peers at the trial.

Gage Creed
15307
Points
Gage Creed 08/30/13 - 07:00 pm
7
0
Here's hoping Marky will soon

Here's hoping Marky will soon be visiting with Jeffery Dahmer...

nocnoc
37387
Points
nocnoc 08/30/13 - 08:48 pm
5
0
Now the appeals starts

Ironic isn't it?
Justice has him dead to right guilty, but a full measure of justice can't be served because he still has one last right. He was 17 when he committed the murder.

Darby
23031
Points
Darby 08/30/13 - 09:34 pm
9
1
"Here's hoping Marky will soon be visiting

with Jeffery Dahmer..."

.
No contest. Jeffery Dahmer would have him for lunch.

Pun intended.

Darby
23031
Points
Darby 08/30/13 - 09:38 pm
7
0
"Prosecutors say De’Marquise “Marky”

Elkins killed 13-month-old Antonio Santiago and shot his mother"

.
More importantly, the jury came to the same conclusion.

scoopdedoop64
2328
Points
scoopdedoop64 08/30/13 - 10:33 pm
8
0
Justice Comes to All

This guy might find prisoners do not like baby killers.

myfather15
47717
Points
myfather15 08/31/13 - 07:23 am
4
0
He will get an appeal

He will get an appeal hearing; I can see that happening!! Why wouldn't the DA avoid this by placing some black people on the jury? Although I couldn't care less WHO was on the jury, I can see the argument!!

But, if this animal gets anything besides life WITHOUT parole, it's an atrocity of justice!!

Mr. Elkins; not so quick with the confidence now, are you? "What, got the gun?" Have a nice life in PRISON!! I hope they keep you there until your final breath is taken in this life!!!

The only thing I wish could happen, is his mother get the exact same sentence!! SHE is the cause of this atrocity!!

chascushman
6653
Points
chascushman 08/31/13 - 08:07 am
4
2
"The only thing I wish could
Unpublished

"The only thing I wish could happen, is his mother get the exact same sentence!! SHE is the cause of this atrocity!!"
myfather, I agree, her and liberals/progressives, democrats and black leaders.

CobaltGeorge
148989
Points
CobaltGeorge 08/31/13 - 08:28 am
2
1
Don't You Feel Good

that we have a judicial system that really provides justice to a baby shot in the head. That child is NOW happy, Right?

itsanotherday1
39302
Points
itsanotherday1 08/31/13 - 09:01 am
4
0
The defense had the

The defense had the opportunity to select blacks for the jury too. As I said before, if they wanted a biased jury they should have chosen Richmond County as the alternate site. Marky would be walking the streets a free predator.

BamaMan
2163
Points
BamaMan 08/31/13 - 09:14 am
1
0
Was it worth it?

Was a stupid purse worth this?

rmwhitley
5508
Points
rmwhitley 08/31/13 - 10:07 am
0
0
Where are
Unpublished

sharpton, jackson, jealous and the naacp, the congressional black caucus, southern poverty law center, southern "christian" leadership conference, urban league, john lewis, charlie "white cracker" rangel and all of the "outraged" negroes? Planning to kill more white people? Something has to be done to stop this infestation of elkins, the punks in Oklahoma, Washington state and across America. The aforementioned people and groups have taken the civil rights act of 1964, the voting rights act of 1965 and affirmative action as a license to kill and get away with it. Put these animals on chain gangs until they are put out of our misery. If they choose to escape, shoot them in the head. This is not cruel and unusual punishment. Just punishment. Now that I've said that, you'll hear the "righteous indignation" from the negro community and democrats as it would deplete their voter rolls.

myfather15
47717
Points
myfather15 08/31/13 - 10:15 am
3
0
itsanotherday1

Unless I'm mistaken; my understanding is that 48 people were in the jury pool and NONE were black!! The defense and DA get to choose, but ONLY from the jurors offered!!

Now, I personally believe the jurors selected are perfectly capable of a unbiased decision and couldn't care less who they chose for the jury!! But not getting some blacks in the pool of 48, just gives the race baiters fuel for the fire, which would have been avoided.

chascushman
6653
Points
chascushman 08/31/13 - 12:38 pm
1
0
myfather, how are jurors
Unpublished

myfather, how are jurors selected in GA?

myfather15
47717
Points
myfather15 08/31/13 - 01:26 pm
1
0
They are selected randomly,

They are selected randomly, using a State datebase; consisting of vital records, driving records and voter registration.

The State then sends the County a "Master list" of residents in their County. The County is suppose to use their own database to randomly select the potential jurors for a certain case.

Darby
23031
Points
Darby 09/01/13 - 01:40 pm
2
0
"Was a stupid purse worth this?"

Oh! - I get it now. It was all the mom's fault. Why didn't I see that before????

Darby
23031
Points
Darby 09/01/13 - 11:06 pm
2
0
"That child is NOW happy, Right?"

Can't speak to emotions the dead may feel, having no experience in that area.

On the other hand, I do know that the tot will never know pain again, just as he will never realize whatever potential he possessed right up until the moment that animal pulled the trigger.

We can do nothing for the child, but if we get a common societal backbone in this nation, we can make the punishment fit the crime. Possibly to the point that the constant increase in assault and murder rates might just be influenced to come down instead.

rmwhitley
5508
Points
rmwhitley 09/01/13 - 03:06 pm
0
0
Put the
Unpublished

sorry motherf----r on a chain gang and pray that he tries to escape.

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