The attorney for 15-year-old Dominique Lang, the second teen charged with murder in the shooting death of 13-month-old Antonio Santiago, said his trial will not move outside Glynn County and will take place before May -- the one-year mark of the toddler's killing.
Lang testified last month that it was De'Marquise Elkins who pulled the trigger. Elkins was convicted of murder last week.
Lang testified he had only known Elkins for 10 minutes before Elkins tried to rob Antonio's mother, Sherry West, shooting her in the leg, then eventually shooting her baby between the eyes.
"Dominique Lang never had a gun in his hand, so I believe to this day that he is more of a witness," Lang's attorney, Kimberly Copeland, said.
She said the 15-year-old was simply in the wrong place at the wrong time. She expects that Lang will go to trial before the anniversary of the March 21st shooting.
Elkins' defense lawyers told the judge in Elkins' trial that Copeland cut a plea deal with prosecutors for Lang's testimony.
"There has never been a deal, never been a discussion of a deal, and I don't have to have a deal because of what the evidence says. He didn't commit any murder," Copeland said. "I won't plea Dominique Lang to murder, I won't plea him to accessory to murder, to involuntary manslaughter, voluntary manslaughter, none of the murders. What I will plea him to is stupidity."
Lang admitted on the stand that he gave numerous inconsistent statements at first to police about what happened.
Copeland said she does not believe that will hurt him in his own trial because the evidence still points to Elkins.
"I looked at that as a child who was afraid," Copeland said. "I have children. The first thing out of their mouth when they are caught with something is a lie."
Copeland said she's preparing Lang to take the stand once again to testify, this time for his innocence.
"I told him to look at this here as a learning experience and grow from it and know that he does not want to spend the rest of his life in prison behind bars," Copeland said.
She said Lang has matured emotionally since this tragedy.
Lang is currently is in jail at the Department of Juvenile Justice in Savannah while he awaits trial.
Elkins' attorney said he was concerned that Elkins didn't get a jury of his peers, but Lang's attorney said she's not worried about that. She said she expects there will be one or two minorities on the jury, and she hopes men make up the majority of the jury.
She said men will be less emotional and really look at the facts in this case.