COBB COUNTY, Ga. -- A mentally ill Cobb County man has been convicted a second for the stabbing death of his mother in 2012.
Damian Cornell McElrath was 18 when he stabbed 58-year-old Diane McElrath more than 50 times at her Ashley Drive residence. According to Kim Isaza, a spokesperson for the office of District Attorney Vic Reynolds, Damian then cleaned up, called 911 and smoked a cigarette in front of the home while awaiting police.
He told police he killed her because he thought she was poisoning him for years. He said she even admitted to it before her death that day.
Damian had been in and out of inpatient mental health care for months leading up to the death and while the district attorney's office does not go into specifics, he allegedly had a long history of mental illness.
Oddly, Damian had already been convicted of the murder in 2014 but was granted a motion for a new trial based on what was described as "ineffective assistance" from his own attorney.
Chief Assistant District Attorney Jesse Evans led the prosecution in that trial and now, years later, did it again - and with the same result.
Evans argued that Damian's actions were not justified because he faced no imminent harm from his mother and that he was the primary aggressor. Evans also argued that he used excessive force and that he admitted outright to killing his mother over previous wrongdoing.
“No one disputes that the Defendant has a history of mental illness and antisocial behavior,” Evans said. “But even the defense concedes that he knew right from wrong. Being mentally ill never excuses criminal conduct."
A Cobb County jury found Damian guilty but mentally ill on charges of felony murder and aggravated assault.
Sentencing has been set for Dec. 14 at 1:30 p.m. where a judge could sentence him to life in prison.
