ONEONTA, Ala. — Prosecutors in the case of the Blount County couple charged and indicted with killing a toddler's 2019 death will seek the death penalty.
Court records filed last week by prosecutors informed the court they will seek the highest possible sentence against Samantha McCormack and her boyfriend, Robert Elmore Jr.
Both are charged with capital murder, felony murder, reckless manslaughter and two counts of aggravated child abuse for the death of McCormack's son, Enzo McCormack.
The toddler was found by authorities wrapped in a pizza blanket at a Locus Fork gas station on September 6, 2019 as employees attempted to warm up the severely injured child.
McCormack's son was with her at the gas station when employee's noticed the child's deteriorating condition according to court documents.
Elmore eventually admitted to police investigators that he accidentally dropped the boy after he grabbed Elmore's chest hair. He said he then tried to shake the unconscious child to wake him up.
Investigators office did not believe his story.
The couple has been held without bond in the Blount County Jail since their arrest.
Blount County Sheriff Mark Moon said the Blount County mother's three children were taken away by DHR officials earlier in 2019.
Moon said McCormack's children were returned to the mother's custody with a very specific order from Judge Sherry Burns: Stay away from Elmore.
Court records showed McCormack filed a protection from abuse in March 2019. The request was dismissed in June according to court records.
"There's no way this could be a surprise to his (Elmore's) family. There's no way. I don't care what they told you because he has a history of abuse," said a frustrated Moon at the time. "He has physically harmed his sister and other people in his family so there's no way this was a surprise."
Moon said police discovered McCormack's other child was also discovered to have suffered a fractured skull.
The three-year-old was treated and now is in DHR custody with McCormack's other child.
Source: abc3340, Stephen Quinn, August 10, 2020
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