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Paul v. State

Defendant repeatedly struck the victim with a belt for more than 30 minutes resulting in the victim's death from a fat embolization.

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Appellant Demetrius Paul appeals the judgment of conviction entered against him for the malice murder of Jamario Marshall, the ten-year-old son of Paul’s girlfriend.1

1. When the young victim arrived at a Clarke County hospital on February 12, 1998, he was in cardiac arrest and efforts to revive him proved unsuccessful. In an effort to determine what had caused the child’s death, hospital personnel undressed him and found a massive area of hematoma and bleeding that extended from the child’s lower back to the backs of his knees. The deputy chief medical examiner for the Georgia Bureau of Investigation’s Crime Lab performed an autopsy and concluded that the child had died due to massive blunt force injuries to the buttocks and legs that resulted in fat embolization that caused death.2 He testified that the child had been struck so many times in excess of 100 times that the individual blows could not be discerned on the child’s body, and that an extraordinary amount of force had been applied to a small area, resulting in some denuding of superficial layers of skin and the saturation of the soft tissue with blood. Family members reported that appellant had beaten the child with a belt that afternoon to punish him for being suspended from school for stealing $5 from a classmate’s desk.

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