Shaquan Duley

Case identification

Shaquan Duley (30) was a South Carolina mother who pleaded guilty to two counts of murder in the deaths of her two sons.

The offence

Duley suffocated her two sons, 2-year-old Devean and 18-month-old Ja’van, with her hands. She then strapped their lifeless bodies into her car seats and drove to the river, where she staged a crash by rolling her car into the Edisto River. Divers later pulled the bodies from the North Edisto River.

Investigators determined there were no skid marks or damage to the bridge. Investigators later thought Duley drove to a boat ramp, got out of her car, and let the vehicle roll into the river.

Duley was accused of initially giving a false account to police that she fell asleep at the wheel and that her car plunged into the river.

Victims

Duley’s victims were:

• Devean, 2 years old
• Ja’van, 18 months old

Investigation

Divers recovered the bodies of Devean and Ja’van from the North Edisto River.

An Orangeburg County coroner’s inquest determined Duley used her hands to smother the boys by covering their nose and mouth.

The boys died of asphyxiation and suffered abrasions to their necks. Devean had bruising to his is lip and Ja’van had bruises on his chin.

Orangeburg County Sheriff Larry Williams said Duley confessed after initially lying about the deaths and trying to make them look accidental. Williams said Duley told investigators she killed the toddlers because she felt pressure from parenthood and from her mother.

A state-appointed forensic psychiatrist found that Duley suffered from mental illness but that she knew right from wrong and knew what she was doing when she killed her children.

The Orangeburg County Sheriff's Office said the father of Duley’s children was never located.

Arrest and custody

Duley was arrested and held without bond since her August 2010 arrest.

Trial

Duley pleaded guilty to two counts of murder.

Circuit Court Judge Ed Dickson accepted Duley’s guilty pleas. Dickson deferred making a decision on sentencing until the week of March 26.

At the plea hearing, Duley asked for forgiveness. She said: “This is probably the hardest thing I’ve ever gone through in my life” “I’d like to ask forgiveness from my family. I’d also like to apologize to the community.” Duley also told the court she loved her children and that her “heart hurts” for her two sons, 18-month-old Ja’van and 2-year-old Devean.

Defense attorney Carl B. Grant asked the court to be lenient in sentencing Duley. Grant said Duley had a remaining child, a 7-year-old daughter. Grant reminded the court of Duley’s remaining child in asking for leniency.

The prosecutor, First Circuit Solicitor David Pascoe, described the case as extraordinarily sad because the victims were so young and also part of the defendant’s family. Pascoe said no insanity plea and no reduced charge such as manslaughter were being pursued, and that the case involved murder only: “no insanity plea, no reduced charge such as manslaughter. Murder only, Pascoe said.” Pascoe said with a confession and considerable evidence against Duley, he was ready to go to trial and would only accept a straight plea to murder otherwise.

Grant formally dropped an earlier notice to seek a defense of “mentally insane” and asked the court to consider sentencing Duley to the minimum of 30 years in prison. Grant said: “We feel, your honor, a 30-year sentence would serve the intent of justice” Grant said regardless of the court’s decision, his client would be in “confinement for a very, very long time.”

At a bond hearing, Judge Ed Dickson denied bond for Duley. Dickson said: “Everyone in this courtroom knows this is a very sad and tragic event” “After giving due weight to the information provided and to the nature and circumstances of this event, I am denying bond.” Dickson also ordered that if a trial date had not been set in six months, Duley could make another motion for bond with new information for the court.

Sentencing

Duley was sentenced to 35 years in prison on March 30, 2012.

Before sentencing, Circuit Court Judge Ed Dickson asked Duley questions. Duley said nothing during the hearing except a very quiet “yes sir” as Dickson asked her questions.

Dickson said: “The sentence I hand down today does not reflect in any way this court minimizing the horror of what you did to your children, your family and this community,” After sentencing, Duley tearfully apologized for what she did.

Duley said: “In spite of whatever I’ve gone through” “I still have hope and joy in my heart that one day I will see them again.”

Other details

Bond and mental health arguments

At the bond hearing, Duley’s attorney argued she faced severe depression and “suicidal tendencies” the day her two toddler sons were killed.

Grant said Duley had been prescribed an anti-depressant and tried to overdose on sleeping medications and take her own life the day her toddler sons died. Grant said: “Which in her severely depressed and drugged state, she strapped in her children, lifeless is the disposition by the solicitor at that point, and drove her car into the Edisto River,” “This is a person who made three attempts at committing suicide within hours of climbing out of the Edisto River on Aug. 16, 2010.” Grant hinted at a defense hinged on insanity and presented a forensic psychiatrist, Dr. Thomas Martin, who testified that Duley was little risk to society. Martin said: “I find therefore that she is a low risk to hurt others, at this time,”

Pascoe said lying to law enforcement showed Duley knew right from wrong. Pascoe said: “Lying to law enforcement shows Duley knew right from wrong,” “It is an absurd argument to make. There is no excuse for the murder of those two children.” Pascoe also said he had not ruled out seeking the death penalty.

Duley’s relatives and attorney said Duley was depressed, out of a job, and failing online classes.

Suicide attempts

Grant said Duley tried to kill herself the night of her sons’ deaths by consuming a dozen packages of a common headache remedy and trying to slit her wrists with a box cutter.

Grant said Duley intended to die inside her car in the river before changing her mind and climbing out.

Events involving family members and other proceedings

Duley lost custody of her remaining child in a December 2010 Family Court hearing.

Helen Duley, Duley’s mother, described her daughter as a caring, compassionate child who displayed affection for children, including her own. Helen Duley said: “She loved her children, I know she did” “She’s been a gentle child all her life.” Adrian Duley told the court that the murder of her nephews was not typical behavior for her sister. Adrian Duley said: “I miss her. I miss my two nephews as well” “I just want you to know this is a good person.” When Adrian was finished addressing the court, Adrian hugged her sister and wiped away her tears.

Other comparisons referenced in proceedings

During sentencing-related reporting, the case was described as reminiscent of Susan Smith’s 1994 case in which Susan Smith rolled her car into a lake with her two young sons in the back seat. Prosecutors said Duley differed from Susan Smith.

Timeline

• Aug. 16, 2010 — The Highway Patrol was alerted to a car crash that resulted in a vehicle plunging into the Edisto River at Shillings Bridge.
• Aug. 17, 2010 — Authorities charged Shaquan Duley with smothering her two children and placing their lifeless bodies into her car before pushing it into the river.
• Aug. 18, 2010 — Duley made her first court appearance before Orangeburg County Magistrate Derrick Dash; because she faced murder charges, the case was forwarded to circuit court for bond consideration.
• Aug. 20, 2010 — More than 700 mourners attended the joint funeral of Ja’van T. Duley and Devean C. Duley.
• Sept. 13, 2010 — Duley was denied bond after her attorney argued his client faced severe depression and “suicidal tendencies” the day her two toddler sons were killed.
• Sept. 16, 2010 — Duley’s family appeared on the Oprah Winfrey Show.
• Sept. 20, 2010 — Solicitor David Pascoe placed a motion before a circuit court judge for a neutral, court-appointed psychiatrist to examine the accused child killer.
• Feb. 16, 2011 — First Circuit Court Judge Ed Dickson ordered that Duley be seen by a court-appointed psychiatrist.
• March 14, 2012 — Word leaked that Duley was scheduled to enter a plea on Friday, March 16 concerning the deaths of her two sons.
• March 30, 2012 — Duley was sentenced to 35 years in prison.