4 indicted in murder of 3-year-old in ongoing Athens gang investigation

ATHENS, Ga. - Georgia Attorney General Chris Carr announced that four men were indicted by an Athens-Clarke County Grand Jury in the murder of a three-year-old. FOX 5 has been monitoring this ongoing gang investigation.

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Carr, Athens-Clarke County Police Chief Jerry Saulters, GBI Director Chris Hosey, FBI Atlanta Assistant Special Agent in Charge Sean Burke, and other law enforcement partners appeared at a press conference at 10:30 a.m. in the North Wing of the State Capitol.

Julian Cubillos, Jayden Brown, Dakious Echols and Desmontrez Mathis were charged with malice murder, felony murder, aggravated assault and violation of the Street Gang Terrorism and Prevention Act, stemming from the March 8, 2024, shooting death of three-year-old Kyron Santino Zarco Smith. A 9-year-old was also injured in the incident. It happened at the Hallmark Mobile Home Park while the children were reportedly watching television.

"They shot him in his heart," Kyron's mother told FOX 5 Atlanta in March. "His last words was, ‘I got a hole in my heart.' It hurts."

Officials believe the group went to the mobile home park to target a rival gang in order to "maintain and increase their status" within their local gang called "Everybody Eats" (EBE).

"The death of three-year-old Kyron Santino Zarco Smith is a tragedy that should have never occurred, and we’re committed to ensuring those responsible are held fully accountable for their actions," said Carr.

"Our hearts still grieve with the family of Kyron Zarco whose tragic loss shook the Athens community," said Athens-Clarke County Police Chief Jerry Saulters.

Here is the breakdown of the charges each suspect is facing:

Julian Cubillos (aka "Chino"), 17, of Lawrenceville:

• 1 count of Malice Murder – O.C.G.A. § 16-5-1(a)
• 2 counts of Felony Murder – O.C.G.A. § 16-5-1(c)
• 6 counts of Aggravated Assault – O.C.G.A. § 16-5-21
• 6 counts of Violation of the Street Gang Terrorism and Prevention Act – O.C.G.A. § 16-15-4(a) & O.C.G.A. § 16-15-4(b)
• 2 counts of Possession of a Firearm During the Commission of a Felony – O.C.G.A. § 16-11-106
• 1 count of Criminal Damage to Property in the First Degree – O.C.G.A. § 16-7-22(b)(1)

Jayden Brown (aka "Gloxky"), 16, of Athens:

• 1 count of Malice Murder – O.C.G.A. § 16-5-1(a)
• 2 counts of Felony Murder – O.C.G.A. § 16-5-1(c)
• 6 counts of Aggravated Assault – O.C.G.A. § 16-5-21
• 6 counts of Violation of the Street Gang Terrorism and Prevention Act – O.C.G.A. § 16-15-4(a) & O.C.G.A. § 16-15-4(b)
• 2 counts of Possession of a Firearm During the Commission of a Felony – O.C.G.A. § 16-11-106
• 1 count of Criminal Damage to Property in the First Degree – O.C.G.A. § 16-7-22(b)(1)

Jayden Brown is considered a minor in the State of Georgia. His mugshot has not been made public.

Dakious Echols (aka "Third"), 18, of Athens:

• 1 count of Malice Murder – O.C.G.A. § 16-5-1(a)
• 2 counts of Felony Murder – O.C.G.A. § 16-5-1(c)
• 6 counts of Aggravated Assault – O.C.G.A. § 16-5-21
• 6 counts of Violation of the Street Gang Terrorism and Prevention Act – O.C.G.A. § 16-15-4(a) & O.C.G.A. § 16-15-4(b)
• 2 counts of Possession of a Firearm During the Commission of a Felony – O.C.G.A. § 16-11-106
• 1 count of Criminal Damage to Property in the First Degree – O.C.G.A. § 16-7-22(b)(1)

Desmontrez Mathis (aka "Ten"), 22, of Athens:

• 1 count of Malice Murder – O.C.G.A. § 16-5-1(a)
• 3 counts of Felony Murder – O.C.G.A. § 16-5-1(c)
• 6 counts of Aggravated Assault – O.C.G.A. § 16-5-21
• 12 counts of Violation of the Street Gang Terrorism and Prevention Act – O.C.G.A. § 16-15-4(a) & O.C.G.A. § 16-15-4(b)
• 3 counts of Possession of a Firearm During the Commission of a Felony – O.C.G.A. § 16-11-106
• 1 count of Possession of a Firearm by a Convicted Felon – O.C.G.A. 16-11-131(b)
• 1 count of Criminal Damage to Property in the First Degree – O.C.G.A. § 16-7-22(b)(1)

A GoFundMe campaign was created on behalf of the child's mother, Shanita Smith.

The toddler's funeral was held on March 16 at Arnold Grove Baptist Church.

Previous allegedly gang-related arrests in Athens

In April, the Attorney General's Gang Prosecution Unit secured an indictment for two men charged in the 2022 murder of 19-year-old Brynarius Smith in Athens. 

Officials say 22-year-old Jacquavious Smith and 22-year-old Shamon Elder, Jr. are members of the Red Tape Gang, a criminal street gang based in Clarke County that has strong connections with the east side of Athens. 

"With our Gang Prosecution Unit, we’re fighting to combat violent crime in Athens and throughout our state," said Carr. "When gang activity occurs, those responsible must be held accountable and anything less poses a significant risk to the entire community. We will continue to work with our partners at ACCPD to keep Georgians safe and ensure that justice is served."

Smith and Elder both face charges of murder, aggravated assault, and violating the Street Gang Terrorism and Prevention Act.

Since its creation in 2022, the Gang Prosecution Unit has indicted 17 people in eight separate cases in Athens - four of which are believed to have been involved in the Red Tape Gang, Everybody Eats (EBE), or Everybody Killa (EBK) groups.