The Georgia Supreme Court has reversed a former babysitter’s felony murder conviction for an 11-month-old’s death.
Prosecutors said Maria Owens beat Jaylen Kelly while she was babysitting him in 2011. A jury found Owens guilty of felony murder and child cruelty. Owens was sentenced to life in prison in 2020.
On Tuesday, the Georgia Supreme Court ruled that the trial court gave an “erroneous and harmful” jury charge.
Her conviction for child cruelty remains unchanged by the Supreme Court. The state’s highest court says Owens is not entitled to a full re-trial, but can be re-tried on the felony murder charge.
“Because the evidence was constitutionally sufficient to support the guilty verdicts on those counts,” the opinion reads.
This is a developing story. The latest on Channel 2 Action News starting at 4:00 p.m.
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Channel 2 Action News has been covering the case since the tragedy occurred inside Owens’ home in Fairburn in 2011.
Former Fulton County District Attorney Paul Howard said Owens became enraged and broke little Jaylen Kelly’s back just after learning that Jaylen’s parents planned to remove him from her care.
Owens first went to trial in 2013. A jury found her guilty of felony murder and involuntary manslaughter, which the Georgia Supreme Court reversed in 2014.
Howard and the DA’s office got a retrial for Owens and she was found guilty on felony murder and child cruelty charges.
But the jury wasn’t given proper instructions, according to the Georgia Supreme Court opinion released Tuesday. The jurors were told that they could not find Owens guilty of both involuntary manslaughter and aggravated assault and first-degree child cruelty.