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Cobb County family wants to see man on death row for decades pay for murdering 8-year-old

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Published  October 22, 2024 7:32pm EDT
Cobb County
FOX 5 Atlanta

Family of slain 8-year-old waits for killer's execution

It was a vicious crime. A predator attacked two little girls in Cobb County almost 50 years ago, killing one and raping the other. But the culprit has still not received his punishment. Virgil Presnell Jr. is still on death row for a crime he committed in 1976.

The Brief

    • The family of Lori Smith, an 8-year-old girl murdered in 1976, is speaking out nearly 50 years later, sharing their long wait for justice.
    • Virgil Presnell, Jr. is on death row for the kidnapping, rape, and murder of Lori Smith as she walked home with a friend in Cobb County. Despite his conviction and being on death row, his execution has yet to happen.
    • Lori Smith's sister and other family members say they need closure now. They fear Presnell could die of natural causes in prison before being executed.

COBB COUNTY, Ga. - The family of a Cobb County 8-year-old is speaking out for the first time almost 50 years after their loved one was killed in May 1976.

Virgil Delano Presnell, Jr. is on death row for attacking two little girls as they walked home.

Prosecutors say Presnell murdered 8-year-old Lori Smith and raped her 10-year-old friend.

Lori Smith

"He was convicted in 1976 and got the death penalty," Lisa Hare explained. "We did another trial in 1999, and he was issued the death penalty again. There has never been any doubt about his guilt."

However, Smith's family says legal delays and death penalty attorneys have left family and friends waiting for justice for decades.

"It's something that we will never be able to get rid of and, you know, even at the age of 12, I thought I would be able to see him executed and that is my goal in life is to actually watch the execution. I do not want to see him die in jail of old age," Hare affirmed.

Virgil Delano Presnell Jr.

Virgil Delano Presnell, Jr. (Georgia Department of Corrections)

In 2022, attorneys for Presnell argued that scheduling the execution violated an agreement that put some executions on hold during the pandemic, which helped them temporarily move the case to Fulton County.

"The soonest it will probably go back to Cobb County is at least a year, possibly a year and a half, and then it goes back to Cobb County," Hare said in frustration. "That's when we start all over again and until it gets out of Fulton County, there's nothing we can do."

The almost 50-year-old case has consumed the family. Some relatives even showed up for Presnell's execution in Jackson back in 2022. But, it never happened.

Sarah Hare didn't have the opportunity to meet her aunt.

"I am almost 30, and this has been a case that's loomed over my life the whole time," Sarah said. "It's devastating to walk away without any progress. It feels like we've made no steps forward."

Lisa says her younger sister was the kind of person who'd never met a stranger. She says Lori was full of life and was a very brave little girl. 

The family believes if they are lucky, the execution might happen in 2026.