(CBS) BRUNSWICK, Ga. - A public defender for De'Marquis Elkins, a Georgia teenager charged with fatally shooting a 13-month-old baby in the face during a street robbery in March, says Elkins did not have gunshot residue on his hands on the day of the killing, CBS affiliate WTEV reports.
Elkins' attorney reportedly did not provide lab evidence to back that argument up.
It has been previously reported that a forensic report shows the father and mother of Antonio Santiago, the slain baby, were found to have gunshot residue on them the day of the fatal shooting in Brunswick, Ga.
While the fact that Sherry West, the baby's mother, was also shot during her son's killing could explain why residue was found on her, it is unclear how or why the baby's father, Louis Santiago, would have been exposed to gunshot residue since he was reportedly not at the scene of the shooting.
West has always maintained that she was walking her baby by herself when two teens, De'Marquise Elkins, 17, and Dominique Lang, 15, tried to rob her at gunpoint on a sidewalk. The teens allegedly shot her in the leg and baby Antonio in the head. Both are behind bars on charges of murder.
Elkins' lawyer also claimed in court Wednesday that a gun recovered after Elkins' arrest is not the murder weapon. Police, however, say it was the gun used to shoot baby Antonio.
Shortly after Antonio's death, a grand jury indicted three of Elkins' relatives on charges that they tried to help him after the shooting.
The suspect's mother, Karimah Elkins, and older sister, Sabrina Elkins, were charged with evidence tampering. The indictment said they threw the revolver that police say was used in the shooting into a saltwater pond where investigators later recovered it.
Karimah Elkins and the suspect's aunt, Katrina Elkins, were also charged with making false statements to police. The indictment said the aunt told investigators her nephew was at her house when the slaying occurred. The suspect's mother told police that her son was with her when the baby was shot.
Elkins' public defender has said he strongly believes his client is innocent.