A judge has ruled that comments made by a teen who is charged with the murder of a Brunswick toddler can be used during his trial.
Police said that while they were escorting 18-year-old D'Marquise Elkin after his interrogation, he made a comment about whether investigators had recovered a gun in the crime.
Elkins and Dominque Lang, 15, are charged with killing 13-month-old Antonio Santiago and shooting his mother Sherry West during an attempted robbery.
The trial for Elkins will begin in two weeks in Cobb County.
"Whoever killed this child, and I was like 'Wow, somebody actually had the nerve to shoot a baby in the face? Just to kill a baby, it's not human," said Algrey Brooks, who tipped off police.
Detectives said Brooks, who's now in jail on unrelated charges, played a big part in the arrests of the two teens charged with murder.
Brooks said he was living with Lang's aunt at the time and after the shooting took place in March, she made a revelation.
"She said, ‘I believe I know who did this," Brooks recalled.
Detectives said Lang's aunt Deborah Obley is the one who led them to the 15-year-old suspect. Lang then confessed to part of the crime and asking his aunt for a ride shortly after, according to police.
"Dominique said they fled to 1021 Martin Luther King Jr. Blvd, which is his grandmother's residence, and they came in contact with Deborah Obley, and then she gave D'Marquise a ride," said Investigator David M. Haney, of Glynn County police.
With the description from the aunt and Lang, police said they were able to track down and arrest Elkins.
Elkins' defense said he had nothing to do with the shooting - and was arrested without enough probable cause.
Elkins' attorneys also raised questions about the toddler's parents. West and Louis Santiago pointing out both of them tested positive for gunshot residue, while Elkins did not.
The baby's father gave an explanation, saying it must have rubbed off from West's wound.
"I just saw the bullet hole. I saw the bullet hole for the first time. I touched it like a little kid. I've never had a gun in my life," said the toddler's father Louis Santiago.
The trial for Elkins is set for Aug. 19. Elkins's sister and mother - who are accused of lying to police about the case and helping to get rid of the gun - are also set to be tried at the same time.
There's no word on when Lang will go to trial.
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