State of Georgia v. De'Marquise Elkins

State of Georgia charged De'Marquise Elkins, age 17, with two counts of felony murder, one county of malice murder and other felonies in conjunction with the shooting death of a baby who was riding in a stroller alongside him mom in a town in coastal Georgia.



Defendant and another youth attempted to rob Sherry West and when she refused to give them money, they hot her in the leg and baby between the eyes.



Because of his age, the State could not seek the death penalty.



Defendant's attorney challenged the investigation, asserting that it was flawed.



Title 16, Chapter 5, Articl 1, of the Georgia Code provides:



(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.



(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.



(c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.



(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.

Defendant was found guilty and faces live in prison when formally sentenced.

J. Wrix McIlvaine commented as follows:

There were two defendants – Demarquise Elkins and Karimah Elkins. I represented Karimah Elkins and Kevin Gough represented Demarquise Elkins.



Karimah Elkins was charged with making false statements, tampering with evidence, and possession of a firearm by a convicted felon.



The defense argued that police violated Karimah Elkins’ rights when they questioned her in her home without a warrant and without mirandizing her. The jury found her not guilty of false statements. The Jury found her guilty of tampering with evidence for hiding the murder weapon. The Defense argued unsuccessfully that the State had failed to prove the gun they found was the murder weapon. The State did not have the necessary paperwork it needed to prosecute on Possession of a firearm by a convicted felon and that count was dismissed at trial.



Karimah faces a possible sentence of 10 years on tampering with evidence