Cumming Man's Conviction For Beating 2-Year-Old To Death Overturned

CUMMING, GA -- The 2009 murder conviction of a Cumming man for beating to death a 2-year-old boy has been overturned by the Georgia Supreme Court.

Christopher Brian Gilreath was found guilty by a Forsyth County jury of multiple charges, including malice murder, felony murder, aggravated assault and cruelty to children in the case, in which he's convicted of beating one of his then-girlfriend's children.

But in a ruling handed down Monday, the state Supreme Court threw out the malice murder and cruelty to children convictions, saying the lower court erred by not allowing testimony claiming that Gilreath's girlfriend had abused her two adopted children.

"The trial court’s ruling not only hamstrung the defense from rebutting testimony that (Miriam) Pinckney was a good mother, but the ruling also prevented Gilreath from presenting evidence that the only other person in the house at the time had a history of cruel treatment towards her own children," Justice Carol Hunstein wrote in the unanimous court ruling. "The trial court’s ruling here constituted reversible error."

Gilreath's defense attorney had wanted to call her ex-husband to testify to the alleged abuse.

Pinckney also was indicted in the case, for not getting her son, Joshua, the medical help he needed. She pleaded guilty to child cruelty and was sentenced to 20 years, with five to serve in prison.

According to court documents, Pinckney had gone to work and left Gilreath, who was unemployed, to look after her children. At some point that day, he told her that the child "must have fallen" because he had a scrape and bruise on his face.

An autopsy of the 2-year-old showed he had suffered six blows to his head and injuries to his face, mouth, stomach and other body parts. A medical examiner testified at Gilreath's trial that the toddler likely had been dead 8-10 hours before 911 was called.

The ruling states that Pinckney's ex-husband was prepared to testify "that Pinckney had a history of threatening both children with physical violence and that, on one occasion, Pinckney slapped (her daughter) in the face."

On appeal, Gilreath argued that the court improperly moved the trial so the ex-husband couldn't testify.

Forsyth County Chief Assistant District Attorney Sandra Partridge told the Forsyth County News it's possible her office will seek to try Gilreath again.