A 39-year-old Marietta father is being held without bond at the Cobb County Adult Detention Center after his 2-year-old son was found unresponsive at their apartment complex and later died at the hospital. Lolo Anilus now faces second-degree murder, second-degree cruelty to children, and making false statements charges following the death, which Cobb County police say involved elements of negligence.
According to Fox 5 Atlanta, officers were called to the Legacy at West Cobb apartments on Favor Road around 8:36 p.m. on September 3, where they found the toddler unresponsive and began rendering aid. The boy was taken to Kennestone Hospital, where he was pronounced dead. Police have not released the child's name.
The Cobb County Police Department's Major Crimes Unit investigated the circumstances surrounding the death, and detectives later obtained an arrest warrant for Anilus, the station's report notes. Police have said their investigation uncovered elements of negligence but have not provided additional details about what investigators believe happened or the specific circumstances that led to the child's death.
Why the Charge Is Murder, Not Manslaughter
Georgia's second-degree murder statute, created in 2014, covers child deaths that occur during the commission of second-degree cruelty to children, regardless of whether the person intended to kill, according to WSB-TV.
Second-degree cruelty to children under O.C.G.A. § 16-5-70(c) requires prosecutors to prove criminal negligence — a willful, wanton, or reckless disregard for a child's safety — rather than direct physical violence or intent to harm, per Hoodline's prior coverage of a similar Marietta case. That charge alone carries a standalone felony penalty of 1 to 10 years in prison. Because Georgia law distinguishes second-degree murder, which carries a 10 to 30 year sentence, from malice or felony murder, prosecutors will need to prove that underlying criminal negligence to secure a conviction.
Anilus also faces a felony charge for making false statements to law enforcement. Under O.C.G.A. § 16-10-20, giving a false statement or representation to police during an official investigation is punishable by one to five years in prison and a fine of up to $1,000, with such charges often prosecuted as independent felony offenses during homicide investigations.
No Bond Without a Superior Court Hearing
Anilus is being held without bond, and Georgia judicial procedure explains why: magistrate court judges lack the statutory authority to grant bond in murder cases. Any release attempt will require a formal bond motion heard before a Cobb County Superior Court judge, a process that typically takes several weeks to schedule following an arrest.
He remains at the Cobb County Adult Detention Center at 1825 County Services Parkway in Marietta. Legacy at West Cobb, where the incident occurred, is an apartment complex off Favor Road.
Investigation Continues
The boy was taken to Kennestone Hospital, where he was pronounced dead shortly after arrival.
Cobb County police are asking anyone with information to contact the Major Crimes Unit at 770-499-3945. The article does not provide additional details about child-fatality reviews or the role of any state panel.
The case adds to a string of recent child cruelty and abuse prosecutions in Cobb County, including an infant skull fracture case in Marietta. It remains unclear whether Georgia's Division of Family and Children Services or the county's Child Fatality Review Committee had any prior contact with the family before the incident.
