De’Marquise Elkins was found guilty on all 11 counts against him, including malice murder and felony murder, in the shooting of 13-month-old Antonio Santiago. His mother, Karimah Elkins, was found guilty of tampering with evidence, but acquitted of lying to police.
The 18-year-old defendant’s arrogance did him no favors. When he was arrested by Glynn County police, De’Marquise Elkins, 17 at the time of the shooting, told investigators “Y’all ain’t got (nothing) on me. Y’all ain’t got no gun. Y’all ain’t got no fingerprints. All y’all got is a (expletive) acquittal.”
But police did have the alleged murder weapon, a .22-caliber revolver found in a saltwater pond north of Brunswick where, jurors concluded, his mother had dumped it the day after the shooting.
What likely left an impression on the jury, influencing its verdict: Though the case against De'Marquise Elkins was largely circumstantial, there was substantial surveillance video (from nearby housing projects) placing him in the area at the time of the shooting. A distant cousin testified he asked her to hide the gun. Her father said when he found the weapon, there were live rounds inside, which he removed before Karimah Elkins came to retrieve it.
When De’Marquise was arrested, police found two bullets in his pocket of the same caliber as the gun used to kill Antonio Santiago. And surveillance footage showed De’Marquise Elkins wearing a chain necklace similar to one Antonio’s mother, Sherry West, said was worn by the shooter
The defense argued: There were only two eyewitnesses to the shooting, Antonio's mother, Sherry West, and Elkins' alleged accomplice, Dominique Lang. The witness accounts changed several times, and the defense contended they were molded to fit a police narrative of events. "They didn't care what sort of witnesses came forward in this case," defense co-counsel Jonathan Lockwood argued. "As long as they made a statement against De'Marquise Elkins, they could care less."
The biggest reason the prosecution won: Though the defense put up multiple theories as to who might have been involved in the shooting, there was no explaining why De'Marquise Elkins felt compelled to hide a gun the day of the shooting, or why his mother disposed of it the following morning.
The defense's best argument: Defense attorneys argued police never investigated some statements. Sherry West's daughter, Ashley Glassey, said she grew suspicious of her mother when she called her the day of the shooting to ask how long it would take before her baby's insurer sent her a check. Glassey, 22, said she called police to report her suspicions but never heard back. Two former wives of the baby's father, Louis Santiago, testified they contacted authorities with their suspicions about him but also never received a call back.
The make-or-break decision: The defense's job is to raise doubt, but De'Marquise Elkins' attorneys may have presented one too many theories about who shot the infant. At various times, they pointed the finger at Antonio's mother, the baby's father, Dominique Lang and Lang's cousin, though none of the accusations was thoroughly substantiated.
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