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Friday, September 20, 2024

Four indicted over toddler's death amid alleged gang conflict

State Supreme Court
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Attorney General Chris Carr | Facebook Website

ATLANTA, GA – Attorney General Chris Carr announced today that Julian Cubillos, Jayden Brown, Dakious Echols, and Desmontrez Mathis have been indicted by an Athens-Clarke County Grand Jury on charges of Malice Murder, Felony Murder, Aggravated Assault, and Violation of the Street Gang Terrorism and Prevention Act. The charges are related to the March 8, 2024 shooting at Hallmark Mobile Home Park, which resulted in the death of three-year-old Kyron Santino Zarco Smith and the injury of a nine-year-old male. The defendants are alleged members of a local gang known as “Everybody Eats” or “EBE,” and reportedly targeted a rival gang to maintain their status within 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. “The violence that’s taken place in Athens-Clarke County is unacceptable, and the entire community deserves better. We have established a strong partnership with ACCPD, and we will continue to work together to combat gang activity in our state.”

Since its creation in July 2022, Carr’s Gang Prosecution Unit has partnered with the Athens-Clarke County Police Department (ACCPD) to indict 21 individuals in nine separate cases. Most cases involve an ongoing conflict between Everybody Eats (aka “EBE”) and the Red Tape Gang (aka “RTG”). These include five shootings in Athens between April 2022 and March 2024 – four of which were fatal.

“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. “I am proud of the Athens-Clarke County Police Department’s men and women who acted quickly to identify and locate those responsible. Our commitment to stopping gun and gang violence in the Athens community remains unwavering as we partner with the Attorney General’s Office to bring justice for Kyron and his family.”

This case was investigated by ACCPD, the Georgia Bureau of Investigation (GBI), FBI Atlanta's Middle Georgia Safe Streets Gang Task Force, and the Attorney General’s Gang Prosecution Unit.

“Criminal street gangs continue to devastate communities and harm innocent victims,” said GBI Director Chris Hosey. “The GBI is dedicated to holding dangerous gang members accountable for their crimes. We will continue to work with our law enforcement partners to eliminate street gangs and keep Georgians safe.”

“First and foremost, our heartfelt condolences go out to the Zarco family. No one should suffer the loss you have endured,” said FBI Atlanta Assistant Special Agent in Charge Sean Burke. “The FBI, along with all involved in our Violent Gang Safe Streets Task Forces, will continue to dismantle criminal organizations and put those responsible in prison.”

Everybody Eats

Created in 2020, Everybody Eats (aka “EBE”) is a hybrid criminal street gang based in Athens-Clarke County.

EBE’s primary alliance is with Everybody Killa (aka “EBK”) and it is affiliated with major national Bloods factions such as Sex Money Murder and Pirus.

Case Summary

On March 8, 2024, ACCPD responded to a shooting at Hallmark Mobile Home Park on Spring Valley Road where two males – aged three years old and nine years old – had been shot at a residence. The nine-year-old was treated at a local hospital for non-life-threatening injuries while three-year-old Kyron Santino Zarco Smith sustained a bullet wound to his chest resulting in his death.

Athens-Clarke County Indictment

The Attorney General’s Gang Prosecution Unit presented evidence leading an Athens-Clarke County Grand Jury on June 4th resulting in indictments against Julian Cubillos (17), Jayden Brown (16), Dakious Echols (18), all from Lawrenceville or Athens; Desmontrez Mathis (22) from Athens:

Julian Cubillos:

- Malice Murder

- Felony Murder x2

- Aggravated Assault x6

- Violation of Street Gang Terrorism Act x6

- Possession of Firearm During Commission x2

- Criminal Damage Property First Degree

Jayden Brown:

- Malice Murder

- Felony Murder x2

- Aggravated Assault x6

- Violation Street Gang Terrorism Act x6

- Possession Firearm During Commission x2

- Criminal Damage Property First Degree

Dakious Echols:

- Malice Murder

- Felony Murder x2

- Aggravated Assault x6

- Violation Street Gang Terrorism Act x6

- Possession Firearm During Commission x2

- Criminal Damage Property First Degree

Desmontrez Mathis:

-Malice Murder

-Felony Murder x3

-Agg Assault x6

-Violation Street Gang Terrorism Actx12

-Possession Firearm During Commissionx3

-Possession Firearm Convicted Felon

-Criminal Damage Property First Degree

About AG's Gang Prosecution Unit: Created July '22 under Gov Kemp & Assembly support; since inception secured convictions & indictments across multiple counties incl Clarke/Barrow/Bryan/Clayton/Cobb/Dekalb/Fulton/Gwinnett/Richmond etc expanding further July '24.

*Indictments contain allegations only; presumed innocent until proven guilty beyond reasonable doubt.

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