GWINNETT COUNTY, GA — The Gwinnett County District Attorney’s Office will appeal a ruling that granted a new trial to a father convicted more than two decades ago of killing his infant son in what was called a “shaken baby” case.
Danyel Smith, now 51, was convicted in the death of his 2-month-old son, Chandler Smith, 24 years ago. Smith has maintained his innocence since his trial and conviction.
The Georgia Supreme Court sent Smith’s case back to a judge after medical and engineering experts testified that Chandler likely died from natural causes related to birth complications rather than abuse. The judge determined that a reasonable juror presented with the evidence would likely acquit Smith and threw out his murder conviction.
Smith’s attorney, Mark Loudon-Brown, says he was disappointed but not surprised by the district attorney’s decision to appeal.
“I don’t know that I was surprised, I was disappointed,” Loudon-Brown said.
Loudon-Brown says the appeal means Smith’s legal battle will continue.
“The latest notice of appeal just means that this fight will continue, and we just think it’s time to undertake that fight with him home,” Loudon-Brown said.
Smith’s attorneys are seeking his release on bond while the appeal moves forward. A bond hearing is scheduled for Sept. 1.
“There’s no telling how long that would take, and we don’t believe it would be just for him to continue to sit in that jail cell while this appeal plays out,” Loudon-Brown said.
In 2023, Gwinnett prosecutors offered Smith a time-served plea deal that could have allowed him to leave prison if he admitted to killing his son. Smith rejected the offer, saying he would not admit to something he did not do.
“Seems like if you’re willing to let him plead guilty and go free once this reasonable likelihood of a not guilty verdict has been issued, they should also let him go free. The case is even stronger for that now,” Loudon-Brown said.
The Gwinnett County District Attorney’s Office declined to comment, citing its policy of not commenting on open cases.
Smith’s case is among several older “shaken baby” convictions that have faced renewed scrutiny amid changes in how the condition is diagnosed. The condition is now referred to as “abusive head trauma.”
WSB Radio’s Ashley Simmons & Veronica Waters contributed to this story.
