Both parents are charged in her dєatᩚh. Experts say South Carolina’s ‘aggravating circumstances’ could make it capital-eligible, but a conviction faces real hurdles.

FAIRFIELD COUNTY, S.C. — As the Winnsboro community gathered Friday evening to honor 4-year-old Javeayah Harris with a balloon release, legal experts say the criminal case against her parents is entering a new phase, with investigators continuing to build their case while prosecutors weigh future legal decisions.

Both of Javeayah’s parents have been charged in connection with her dєatᩚh. Authorities have also recovered human remains that investigators identified through DNA analysis as belonging to the child.

One of the major questions now is whether prosecutors in Aiken County will seek the dєatᩚh penalty.

Criminal defense attorney Dayne Phillips said South Carolina law outlines specific statutory aggravating circumstances that can make a case eligible for capital punishment.

“You have the dєatᩚh of a child under eleven, and then the allegation of dismemberment that is statutory aggravators … those are statutory circumstances that would potentially allow a prosecutor to seek what we call a dєatᩚh notice … to essentially state, because they have to do that legally, is specifically state and file a notice saying that they’re seeking the dєatᩚh penalty.”

Phillips emphasized that eligibility does not mean prosecutors will automatically pursue a dєatᩚh sentence.

“It’s way too early to tell. And ultimately, it’s at his discretion,” Phillips said, referring to the solicitor’s decision.

He said capital cases require years of preparation, significantly more resources and expense than a standard murder prosecution, and prosecutors must consider whether pursuing the dєatᩚh penalty is appropriate when a jury could ultimately impose a sentence of life in prison.