Crime And Law

Georgia Supreme Court overturns murder conviction of Fulton County daycare worker

Maria Owens Prosecutors said Maria Owens beat the 11-month-old while babysitting him in 2011. (Fulton County)

ATLANTA — The Georgia Supreme Court has overturned the murder conviction of a Fulton County daycare worker in a case stemming from the 2011 death of an 11-month-old boy.

Maria Owens was convicted in 2020 of murder and other charges in the death of Jaylen Kelly, who died three days before his first birthday from blunt force trauma while in her care.

The state’s highest court vacated Owens’ murder conviction, ruling the trial judge gave incorrect jury instructions. The court said the instructions were “erroneous and harmful” because they indicated jurors could not find Owens guilty of both involuntary manslaughter and aggravated assault and first-degree child cruelty.

The Georgia Supreme Court ruled Owens can only be retried on the felony murder count, finding the evidence was sufficient to support that verdict.

Her child cruelty conviction remains in place, but the sentence does not.

WSB Radio’s Lisa Nicholas contributed to this story.