De'Marquise Elkins

Case details

De'Marquise Elkins was a Georgia teenager who fatally shot a baby in a stroller while trying to rob the child's mother. Elkins was 18 at sentencing and was 17 at the time of the killing.

Timeline

• March 21 — Elkins shot 13-month-old Antonio Santiago while he was in a stroller with his mother, Sherry West, during an attempted robbery in Brunswick, Georgia. West was shot in the leg.
• March 11 — Elkins was accused of shooting Wilfredo Calix Flores outside a local church during an attempted robbery.
• (Day after March 21) — Police arrested Elkins.
• (After the arrests) — A handgun was recovered in a marsh pond east of U.S. 17 near its intersection with Spur 25.
• August 20, 2013 — Opening statements began in Elkins’ trial.
• August 21, 2013 — The trial judge ruled the jury could hear testimony from Dominique Lang identifying Elkins as the shooter.
• August 22, 2013 — Dominique Lang testified that Elkins counted down from five and fired the gun that killed Antonio Santiago.
• August 27, 2013 — Sherry West testified about the shooting and her injuries; Karimah Elkins sat at the defense table.
• August 29, 2013 — Louis Santiago testified for the defense.
• August 30, 2013 — A jury found Elkins guilty.
• September 12, 1013 — Elkins was sentenced to life in prison without parole.

The offence

Shooting of Antonio Santiago

On March 21, Elkins appeared and fatally shot 13-month-old Antonio Santiago, who was in a stroller and out for a walk with his mother, Sherry West, in Brunswick, Georgia. West testified that she was walking home from a post office and that two teenagers approached her. When she refused to give up her purse, Elkins threatened her baby and counted down from five. West said a warning shot was fired, West was shot in the leg, and Antonio was shot in the face. She described pushing the stroller into the gate at the back of her home and attempting cardiopulmonary resuscitation until an ambulance arrived.

A medical examiner testified that Antonio died instantly from a shot fired from as close as 6 inches and that the single gunshot was made from 2 to 6 inches away with gunpowder burns around the wound. Prosecutors said Elkins aimed the gun at Antonio’s head and shot him right between the eyes, and described the incident as occurring during a failed armed robbery attempt.

Wounding of Sherry West

West said Elkins fired a warning shot into the ground, slapped her with the pistol, and then fired another round at her head as she ducked. She said he then shot her in the leg and shot her baby between the eyes.

Investigation

Police recovered a .22-caliber revolver from a saltwater pond. Prosecutors said information from Elkins’ mother and sister led investigators to the weapon. Another account described investigators finding a handgun in a marsh pond east of U.S. 17 near its intersection with Spur 25 after the arrests of Elkins’ mother and aunt, and that an officer used an underwater metal detector to locate it after a four-hour search.

The investigation included a gunshot residue test, and both parents tested positive. Brunswick Police Detective Angela Smith testified that she initially considered West as a suspect because of the “bizarre” nature of West’s story.

Arrest and custody

Elkins was arrested the day after the March 21 killing. Police said they arrested De’Marquise Kareem Elkins, 17, and a 14-year-old juvenile accomplice. Elkins was held without bail and the accomplice was held in a youth detention center.

Elkins later tried to avoid prosecution by seeking help from others; his sister and aunt were charged with trying to help him avoid prosecution.

People involved

Defendant

• De’Marquise Elkins — accused shooter; convicted of murder; sentenced to life in prison without parole.

Victim and family

• Antonio Santiago — victim; 13-month-old; shot fatally between the eyes.
• Sherry West — Antonio’s mother; wounded in the leg; testified about the shooting and her injuries; described herself being shot and attempting CPR; said she had misidentified the shooter initially.

Co-defendant and related charges

• Dominique Lang — 15 (and also described as 14 in some accounts); accomplice; testified against Elkins; his case was to be handled separately. Lang was charged with murder and other charges.
• Karimah Elkins (also referenced as Karimah Aisha Elkins) — Elkins’ mother; stood trial alongside Elkins; convicted of evidence tampering for helping dispose of the gun; also charged with lying to police (acquittal is stated in one account).
• Katrina Latrelle Elkins — aunt mentioned as charged with lying to police; held on a probation violation warrant tied to misdemeanor charges of speeding and driving with a suspended license.
• Sabrina Elkins — described as Elkins’ daughter in some accounts; charged with throwing the .22 caliber gun into a saltwater pond and lying to police about Elkins’ whereabouts.
• Joe Lang — identified in testimony as Lang’s cousin who was in the area.
• Debra Obley / Debra Obey — Lang’s aunt; said police information from her nephew and Elkins came to her for a ride; mentioned in testimony regarding communications and her involvement.

Other named individuals

• Louis Santiago — Antonio’s father; testified for the defense; stated he touched West’s leg and related the sequence of events around the emergency room.
• Sandra Holboy — identified in a motion as calling police with information about Santiago while seeking confidentiality due to fear.
• Angela Carter — identified in a motion as contacting police to report dealings with Santiago.
• Argie Brooks — testified that his conscience led him to act, not reward money; awaiting trial on armed-robbery charges; said he had collected $2,000 and would get another $8,000 if Elkins and Lang were convicted.
• Dr. Heather Kleider — psychology professor from Georgia State University; testified about how witnesses can be mistaken under stress and police suggestions.
• Jay Jarvis — firearms examiner; testified about limitations of proving the gun recovered fired the specific bullets removed from West and Antonio.
• Kevin Gough — Elkins’ lead defense attorney.
• Jonathan Lockwood — defense attorney who questioned witnesses.
• Wrix McIlvaine — attorney for Karimah Elkins.
• Jackie Johnson — Brunswick Judicial Circuit District Attorney; gave closing argument statements and spoke about evidence shown to jurors.
• Stephen Kelley — Glynn County Superior Court judge.
• Roy Blackstock — Brunswick police detective mentioned as linked to investigation.
• Neal Jump — Glynn County Sheriff.
• Tobe Green — Brunswick Police Chief.
• Matt Doering — Glynn County Police Chief.
• Bryan Thompson — mayor of Brunswick.
• Neal Jump / Travis Young / Jim Weidhaas / etc. — various individuals referenced in background accounts about the scene and courtroom.

Trial

Charges referenced during trial

Elkins was charged with:

• murder (including both malice and felony murder as described in one account)
• cruelty to children (referenced)
• attempted armed robbery
• several counts of aggravated assault

In one account, jurors deliberated and found him guilty of 11 counts, including two counts of felony murder and one count of malice murder, tied to the March 21 killing of 13-month-old Antonio Santiago.

Trial location and jury selection

Because of pretrial publicity, the case was moved more than 300 miles away to the Atlanta suburbs. One account described trial proceedings in Marietta (Cobb County Superior Court) and referenced dispute over racial makeup of the jury, with the judge rejecting defense objections.

Key witness testimony

• Sherry West described being approached by two teenagers, refusing to give up her purse, receiving threats to her baby, being shot in the leg, and watching Antonio being shot.
• Dominique Lang testified that he was with Elkins, saw Elkins threaten West’s baby, counted down, shot West in the leg, and shot Antonio.
• Lang admitted to repeatedly lying to investigators earlier and changing his story under pressure.
• Louis Santiago testified for the defense, stating he was shopping for his son and describing his response upon learning of Antonio’s death.
• Argie Brooks testified that his conscience led him to tip police; he stated he was waiting on armed-robbery charges that could result in a sentence of life without parole and described reward money connected to convictions.

Evidence and statements in court

Prosecutors showed still images pulled from video cameras around Brunswick during closing argument. Prosecutors also reminded jurors of testimony from two young women about Elkins being at specific places and times, backed by video stills. Prosecutors denied that police stopped investigating and said video was pulled from various cameras and the gun was recovered from a pond the following week. Closing argument included remarks about West’s behavior after watching her child get shot.

Defense arguments

Defense attorneys argued police rushed the case and did not consider other suspects. The defense suggested that Antonio’s parents may have been the real killers. The defense also challenged witness identifications, including West’s photo identifications and her mental health history, and asserted flaws in investigation and witness testimony.

Sentencing

Elkins was sentenced on September 12, 1013 to life in prison without parole.

He was spared the death penalty because the killing occurred when he was 17, which was described as too young under U.S. Supreme Court precedent for capital punishment. One account also stated that the only possible punishments under Georgia law were life with or without parole.

Outcome and related cases

• Elkins was convicted of murder in the slaying of 13-month-old Antonio Santiago.
• One account stated Karimah Elkins was convicted of evidence tampering and acquitted of lying to police.
• Dominique Lang was set to be tried separately.
• Lang and other co-defendants faced additional proceedings described as pending or separate.

Other details

• West described she misidentified Dominique Lang initially as the shooter from photos, then identified Elkins the next day from a photo lineup.
• West acknowledged having a scarred cornea and needing contact lenses.
• West testified that she suffered from multiple mental illnesses and took two medications that produced hallucinations and memory loss as side effects.
• The trial included testimony about witness perception under stress and police suggestions, and about firearms analysis limitations.
• A judge denied a request for Elkins to be out on bond during the appeal planning, and Elkins’ lead attorney said he planned to appeal.