Attorney General Chris Carr today announced 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 stem from 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 Grand Jury indicted the defendants as members of a local gang known as “Everybody Eats” or “EBE.” As such, they are alleged to have traveled to Hallmark Mobile Home Park to target a rival gang in order to maintain and increase 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. The majority of these cases are believed to involve an ongoing conflict between Everybody Eats (aka “EBE”) and the Red Tape Gang (aka “RTG”). Included in this total are five shootings that have taken place 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 and its Athens area 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, and 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, 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. Two males – three and nine years old – had been shot at the residence. A nine-year-old male was treated at a local hospital for non-life-threatening injuries. Three-year-old Kyron Santino Zarco Smith sustained a bullet wound to the chest and was pronounced deceased.
Athens-Clarke County Indictment
The Attorney General’s Gang Prosecution Unit presented evidence to an Athens-Clarke County Grand Jury on June 4, 2024, resulting in the indictment* of Julian Cubillos, Jayden Brown, Dakious Echols, and Desmontrez Mathis. Specifically, each defendant is facing the following charges.
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)
- 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)
- 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)
- 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)
In 2022, with the support of Governor Brian Kemp and members of the General Assembly, Attorney General Chris Carr created Georgia’s first statewide Gang Prosecution Unit.
Since it began its historic work on July 1, 2022, the Gang Prosecution Unit has secured 41 convictions and indicted 139 people in Athens-Clarke, Barrow, Bryan, Clayton, Cobb, DeKalb, Dougherty, Fulton, Gwinnett, Laurens, Muscogee, Richmond and Thomas counties.
The Gang Prosecution Unit is housed in the Attorney General’s Prosecution Division, which also includes Carr’s Human Trafficking Prosecution Unit and his Public Integrity and White Collar Crime Unit.
The statewide Gang Prosecution Unit is based in Atlanta, with regional, satellite prosecutors and investigators in Albany and Augusta, Georgia. Starting on July 1, 2024, this Unit will expand to include new prosecutors and investigators in Columbus, Macon, and Southeast Georgia.
*Members of the public should keep in mind that indictments contain only allegations against the individual against whom the indictment is sought. A defendant is presumed innocent until proven guilty, and it will be the government’s burden at trial to prove the defendant guilty beyond a reasonable doubt of the allegations contained in the indictment.
Original source can be found here.