ATLANTA,None — A man has lost his appeal against a murder conviction in the death of a 3-year-old.
The victim, who died nearly five years ago, was the son of his killer's business partner. According to case briefs, Leroy Collins and Mitchell Smalls III ran a dogfighting business together until Smalls accused Collins of stealing some dogs.
In December 2006, Smalls was taking the child to cut his hair when Collins pulled up next to him. The two began arguing on Columbia Drive in DeKalb County before shots rang out. Collins testified he was retaliating after Smalls fired at him, but Smalls testified Collins began shooting unprovoked. Authorities said Smalls was unarmed.
Smalls' son, Mitchell Smalls IV, was hit by a bullet and died several days later. Collins was convicted of murder and other charges, which resulted in a life sentence. He said the evidence against him was insufficient and that a prosecutor wrongly commented on his right to remain silent, but the state Supreme Court ruled otherwise.
"While the prosecutor's question about appellant's pre-arrest silence was improper, in light of the overwhelming evidence, there was no reversible error," Monday's ruling said.