Missing 11-Year-Old Terry Dewayne Smith, Found Dead In A Shallow Grave~ His 16 Year Old Half Brother Skylor Atilano Arrested & Charged With Murder

July 10, 2013
Self starting news report video at this link
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Terry Dewayne Smith 11 Years Old
Forensics investigators were combing Wednesday through the Menifee home of a missing 11-year-old autistic boy for signs of his remains.

Detectives began searching a property in the 33000 block of Helen Lane in Menifee after 3 a.m. Wednesday for human remains, said Riverside County sheriff's Deputy Alberto Martinez.

The home was surrounded by yellow police tape and was being considered a crime scene until determined otherwise, he said.
KABC-TV reported that 11-year-old Terry Dewayne Smith lived in the home with his mother and 16-year-old brother.

The development marks a tragic turn in a search that was entering its fourth full day. Terry is autistic and high-functioning, his family told KTLA-TV. Authorities said they were concerned that the boy has gone days without his prescribed medication.

Terry went missing sometime between Saturday night and Sunday morning while his older brother was watching him and his mother enjoyed the night out.

Sometime between 7:30 and 9 p.m., Terry’s older brother walked to a nearby market, Martinez said the brother told investigators. During the walk, the brother turned back and saw Terry following him and told him to go home.

That was the last time anyone saw Terry, Martinez said.

Terry’s mother told investigators she believed she saw him in bed when she got home about 1 a.m. Sunday but noticed he was gone when she checked on him again at 10:30 a.m., Martinez said.

More than 1,000 residents from Menifee and surrounding communities have joined in the search, which has spanned some 81 square miles, officials said.

The search for Terry is on "standby" pending the outcome of Wednesday's investigation inside the home, Martinez said.
Terry has blond hair and blue eyes and was last seen wearing blue basketball shorts. He is 4-foot-8 and weighs 76 pounds.

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July 10, 2013, 4:25 p.m.

The partially exposed remains of a child's body matching the description of Terry Dewayne Smith, a missing 11-year-old autistic boy, were found in a shallow grave near his family’s home in Menifee, authorities said.


A 16-year-old family member has been arrested on suspicion of murder, said Capt. John Hill of the Riverside County Sheriff's Department. Authorities refused to identify the suspect or the family relationship.

Terry had been missing since Saturday night or Sunday morning and hundreds of volunteers had been searching the area.
He was last seen by his older brother, who was watching him while his mother spent the night out.

Terry's older brother told authorities that between 7:30 p.m. and 9 p.m. on Saturday, he walked to a nearby market, Riverside County Sheriff’s Deputy Alberto Martinez said. During the walk, the brother said,  he turned back and saw Terry following him and told him to go home.

That was the last time anyone saw the youth, Martinez said.
The body was found buried about 75 feet from the home in clothing that matched the description of what Terry was last seen wearing, sources said.  
Menifee Mayor Scott Mann said the body was found about 12:55 a.m. on Wednesday. 

The search area around the home had expanded to 55 square miles by Sunday afternoon, but became "rapidly smaller" as the days went by, Mann said.

Volunteers gathered in a prayer circle Wednesday as rumors spread that the hunt for Terry had taken a dramatic turn and that investigators were focusing on a search for remains.

“We will find a way to remember him in our hearts,” said Jenny Smith, who was one of his fourth-grade teachers.

Dallal Harb, the owner of the Menifee Market where the volunteer search has been coordinated, said she is close to the boy’s family and used to take him home from school.

“I just don’t want to believe it,” she said. “I see what’s going on. But I just don’t want to believe it.”

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9:23 p.m. EDT July 10, 2013
 
MENIFEE, Calif. -- The 16-year-old brother of an 11-year-old autistic boy who disappeared over the weekend from his Southern California home was arrested Wednesday on a murder charge, police said.

During a news conference Wednesday, Capt. John Hill said the body of a boy who fits the description of 11-year-old Terry Smith was found overnight in a "shallow grave containing partially exposed human remains."

Investigators were still working to confirm the identity of the remains found Wednesday afternoon.

John Hall, a spokesman the Riverside County District Attorney, has not returned phone or e-mail messages from The (Palm Springs, Calif.) Desert Sun.

The teen, whose name was not released, was the last one to see Terry near his Menifee, Calif., home Saturday, the Riverside County Sheriff's Department previously said.

"The brother was walking away from their residence, turns back, sees that Terry's following him and tells Terry, 'Hey, go home,'" Deputy Albert Martinez told The Desert Sun this week.

The half-bother — who has the same mom as Terry — has been "questioned several times by investigators," Martinez said Tuesday afternoon.

"He's been cooperative throughout the whole time," the deputy said.

Earlier Wednesday, investigators halted their search and returned to Terry's home to search for human remains at about 1:30 a.m.
It was the fourth day of a widespread search for the boy, who was identified by police as an autistic boy who was last seen Saturday.

Investigators found "possible human remains" in the dirt not far from the house, and a search warrant was issued at the house late Wednesday morning, said Sgt. Lisa McConnell.


Investigators initially said that Terry "was discovered missing from his residence" sometime between 7:30 p.m. Saturday and 10:30 a.m. Sunday.


Terry lived on a short stretch of road in a rural area of Menifee, a city of about 80,000 in southwestern Riverside County, Calif., which is about 80 miles southeast of Los Angeles.


They were "able to verify" Monday that Terry was last seen between 7:30 and 9 p.m. Saturday outside his home, McConnell said.
As the search went on and temperatures peaked above 100 degrees each day, more than 1,000 law enforcement, search and rescue personnel and volunteers flooded into the city to help search.

Searchers canvassed by ATV, bicycle and foot and distributed thousands of fliers. Coordinators set up a Find Terry Smith page on Facebook that garnered more than 25,000 fans.


The volunteer coordinators initially held out hope they would find Terry but announced they called off the search and would now enter a "time of grieving."
"We want to thank everyone who is following our efforts here and for the thousands of volunteers and businesses that have helped this incredible search effort," the page administrator posted Wednesday.
"PLEASE REMEMBER that our focus has always been on Terry Smith, an 11 year old boy. Our focus is still on that boy and the memory."


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If someone wants to wade thru' tons of comments on the above FB page, there's info about the family, some verified by newspaper articles some not verified. I can't remember one from another so I won't say much other than after yesterday I'm not surprised that poor child was found in a grave 75' from the family home.
This boy along with his sister were the Mom's step children. The bio Dad lives in another state (I'll find all the links) and when the bio Dad and this woman split up she brought his two kids here to Menifee, CA. I believe the daughter went back to live with her bio Dad recently and the deceased boy had plans on it. The bio Dad was on the local news tonight via telephone and I've just got to find that because he sure didn't sound like he was upset over anything.
I'll back all this up tonight/tomorrow for sure.

Oh yeah, bio Dad and two teachers say this boy was NOT autistic! I read this yesterday or the day before on the above FB site but just now heard it verified on the local news. Wondering why the Step Mother said he was.

After a four day search for the missing boy, Terry Smith, 11, police called a press conference near the family home on July 10, reports The Desert Sun, to confirm the boy's body had been found. 11-year-old Terry Dewayne Smith, who answers to "Juju," had been missing since Saturday July 6, reports Menifee 24/7. He had been left under the care of his brother, Skylor, while his mother went out to play pool with friends. Skylor told investigators that he last saw Teddy when he told his brother to stop following him while Skylor went to a friends house. Smith suffered from autism, but was high-functioning and medicated. (Autism has been disputed by bio Dad and two Teachers)
Here's what you need to know...

1. Police Have Confirmed the Arrest of a Family Member Menifee City Police Chief John Hill called a press conference at 4:00 p.m. to tell the media that the search had been called off, reports NBC 4. Hill confirmed that human remains had been found in the back yard of the Smith family home had been identified as Smith's. He further stated that an unnamed 16-year-old relative had been arrested in relation to the death.

2. Skylor Was Teddy's Step-Brother Skylor lived with Terry, Terry's mother, Shawna (also known as Bekkah) Smith, a 14-year-old sister, Mary Atilano. Terry Smith Sr. is reported by CBS LA to be living in Los Angeles. (He lives in another state!) He told them tonight: I thought there was something fishy about the whole story to begin with. Things didn’t add up. His father also added that he hadn't spoken with his son in several months. Menifee 24/7 reported: Skylor and his 14-year-old sister, Mary Atilano, are stepchildren who moved with their mother to California, but that Terry Jr. stayed with his father until about a year ago. At that time, he said, Terry Jr. visited his mother in California and asked to move here.

3. He Previously Called His Step-Brother a 'Retard' on Facebook Skylor is in the 10th grade at Paloma Valley High School. In a now deleted post on his Facebook page, Atilano paraphrased the movie Step Brothers saying: The bitch only keeps me and the retard around to f**k us.
Skylor deleted the post saying: So ivguess a lot of people took offence to somthing i had on my profile. Sorry i took it off just now but please keep in mind ive had that long before all of this.

4. He Had Been an Active Part of the Search For Teddy He had been actively searching for his brother and implored his Facebook friends to the same, he subsequently thanked them for their efforts.

5. He May Have Just Had His Heartbroken by a Girl Judging by his Facebook posts, Atilano may have recently broken up with a girl, as of April 2013, he declared he was "in a relationship." He wrote on July 4: Adding later on the same day:

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Pictures of Skylor
Comments to this story are interesting and they offer corrections to this article.
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Skylor's FB page:
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HORRIFIC!

MENIFEE, Calif. (KABC) -- New details and questions are coming out in the Terry Smith case, including from the boy's father, his mother's partner and the woman who says she found the body.
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taken from the above link:
In an interview with Eyewitness News, Smith's dad said the 16-year-old was violent, and his mother knew it.

"(The mother) knew that he did get violent with his brother and sister. I begged her to get him the right kind of help," said Terry Smith Sr., who lives in West Virginia. "In fact, I begged her to get the right kind of help for herself, and it just never happened."

What happened between the two boys remains unknown. But Smith's father said after a phone call with the mother earlier this week, he grew worried.

"She told me (the half brother) had been sneaking out of the house, and Terry Jr. went to follow him, and him and (the half brother) got into it. She didn't go any further than that, but as soon as she said him and (the half brother) got into it, I knew they wouldn't find Terry Jr. alive," he said.
For one thing, if this Dad *knew* after speaking w/ the Mom and learning that the older brother and the half brother 'got into it' that they wouldn't find Terry Jr alive, why did he not do something about getting his son back to him? Why didn't he call the police and/or CPS way before Terry was killed to report that he was in danger because of the other brother? Sounds like he wants to just blame the ex wife when he already had the knowledge of the violence??????
Also if the bio Mom knew that the 16 yr old half brother had been 'sneaking out of the house and Terry Jr. would follow him' why in the **** did she leave him alone with the 16 yr old?????
Seems to me that all these 'adults' failed this poor boy!

MENIFEE, Calif. (KABC) -- The 16-year-old half brother of Terry Smith has been charged with the boy's murder.
The Riverside County District Attorney's Office charged Smith's half-brother with murder on Friday.
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A prayer vigil in honor of deceased Menifee boy Terry Smith Jr. will be held at 7:30 tonight at Wheatfield Park, located at the forner of Menifee Road and La Piedra Road.

A large crowd is expected for the event. In addition to prayers and words in memory of the 11-year-old, Murrieta teenager Jordan Omoto will perform "Terry's Song," which he wrote in honor of Terry.

Another Menifee resident, Daniel Nurmela, created a slide show put to the music Omoto recorded. Here is a link to that slideshow, which was posted today on Facebook:

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The exact location of the vigil on the park grounds has not been announced. A Little League tournament also is being held there tonight.

In addition, a program at Centerpoint Church in Murrieta will address the grief associated with the loss of Terry during the Celebrate Recovery meeting held tonight at 7. The public is invited to the event, located at 24470 Washington Avenue in Murrieta.
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I agree Raine! Something more should have been done to guard Terry's safety.

This is what I took away from the Father's interview.

Terry Smith Sr. said his son did not have autism.
"He was rambunctious. He was not autistic. I'll fight that until the day I die," he said. "He was a typical little boy. He loved life. And Thomas the Train set."
The school district also disagreed with the family about whether the boy was ever diagnosed with autism.
"I know it's going to be a bit of a shock to people to hear this, but no, he was not autistic," said Jenny Smith, who said she taught the boy.

and then there was this

Pam Ragland, the woman who says she found the body, admits that she is no forensics expert, but she said in her opinion, it appeared the body had been there for some time.

Was Terry missing longer than what was reported?
The autopsy will tell when and how he died, but I question if the details of his death will be released to the public.
Meanwhile, the DA is deciding whether Skylor Atilano will be tried as an adult. I'm betting he will be.

July 25, 2013



Terry “Juju” Dewayne Smith Jr. loved collecting rocks, climbing trees, swimming and picnics, but for many locals, he will be remembered as the boy who brought thousands of people together.

When 11-year-old Terry was reported missing July 7, emergency workers and volunteers combed the hills of Menifee in a massive search effort.

It ended July 10 when his body was found in a shallow grave in an empty field behind his home.

Hundreds gathered Thursday, July 25, at Lamb’s Fellowship church in Lake Elsinore to remember the boy who touched so many lives.

“The best comes out in people when we can help one another,” Pastor Gary Enniss told the crowd in the church’s outdoor arena.

A memorial of flowers, pictures, balloons and a stuffed panda — Terry’s favorite animal — sat on the stage as community members stepped up to the microphone and shared memories, prayers and even a poem.

After the service, Gilbert Duran, 61 of Menifee, said he often brought his daughter to Terry’s home to play with his sister, and he will always remember the way Terry would play on a boulder in the front of the property.

“He’d always be sitting on top just perched up there,” Duran said.

Another one of his sister’s friends said she remembers Terry as a smiley little boy who was always playing video games or pretending to be a cartoon character in the front yard.

“Every time you’d walk by he’d be sitting on the floor playing video games,” said Deidre Renzullo, 14 of Menifee. “He (also) liked to go outside and pretend to by anime characters.”

For some, the service marked the end to a heart-wrenching drama.

“It was closure,” said Danielle McVicker, 22 of Menifee. “It’s nice to be acknowledged by his family.”

For others who were involved in the search, closure is not so easy.

“I don’t think I’ll get closure until I know what happened and that’s what everybody wants to know,” said Sharon Otis, who said she searched with her daughter every afternoon and evening for three days.

The arena outside the church made a suitable scene for Terry’s memorial since he loved the outdoors so much, Pastor Enniss said.

“It almost looks like a picnic,” he told the crowd.

Terry’s father, Terry Smith Sr., spoke to the crowd, often pausing to bow his head and weep, about the troubles he had letting go of his son.

“My mother told me, the good Lord won’t give you any more than you can take, and I said, God, I think you’re giving me more than I can take,” he said.

He thanked the searchers, calling them “Juju’s angels.”

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July 25, 2013
Meanwhile, the boy's mother, Shawna Smith, is speaking out for the first time to NBC Los Angeles about the loss of her boy and about all the death threats she has been recieving.  Some are accusing her of even being involved in the murder.
Shawna Smith's 16-year-old son, Skylor Atilano, was charged with Terry's murder.

video at this link
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September 17, 2013





Skylor Atilano, accused of murdering his 11-year-old half brother, makes his way into the courtroom for his hearing on Tuesday, Sept. 17.

A 16-year-old boy charged with murder in the death of his younger brother, whose remains were found near the family’s Menifee home, was in juvenile court Tuesday, Sept. 17, but the proceedings were postponed.

Skylor Atilano sat in court wearing a yellow juvenile hall jumpsuit, his hair cropped short since his first hearing in July. His mother, Shawna Smith, and her partner, Dennise Bugna, watched from the audience of the courtroom at the Southwest Justice Center in French Valley.

Skylor was arrested July 10 after the remains of his half-brother, Terry Dewayne Smith Jr., were found buried in a shallow grave steps from their Helen Lane home. He is being held in juvenile hall and his next hearing is scheduled for Oct. 23.

Smith said afterward that she has been visiting Skylor every Sunday. Asked how he’s doing, she gave a thumbs up.

“He says he’s being strong,” Bugna added.

Prosecutor Sean Crandell, joined by the defense, requested the postponement of Tuesday’s hearing, citing the large amount of reports and evidence in the case.

At his first hearing, Skylor did not deny or admit any of the allegations against him – the juvenile court equivalent of entering a plea.

No decision has been made about whether he may be tried as an adult. That decision could be made at the October hearing.

Terry was reported missing Sunday morning, July 7, and Riverside County sheriff’s officials said his older brother was the last person to see him alive, on Saturday night, July 6, while their mother was out. Hundreds of volunteers rallied to help emergency workers find Terry — nicknamed “Juju” — and Skylor was involved in the search effort.

Coroner’s officials have not disclosed Terry’s cause of death and have said the time and date of the boy’s death was unknown.

Terry’s father, Terry Smith Sr., has said, based on conversations with investigators, that it appeared the boy died from head injuries.


He has said that after the remains were discovered and Skylor was questioned by investigators, the teen claimed his little brother had fallen and hit his head on the coffee table.


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WOW!!

10/23/2013

A court hearing for Skylor Atilano, the juvenile accused of murdering his 10-year-old half brother in Menifee in July, was continued today until Nov. 7 for what the court called "further proceedings."

Atilano, seen here in a previous court appearance, has been in custody since his arrest July 10 following the discovery of a body identified as young Terry Smith buried in the back yard of the family home. Hundreds searched for Terry for three days following his disappearance in a case that received national attention.

According to John Hall, spokesman for the Riverside County District Attorney's Office, the case was continued because the DA is still awaiting the autopsy report from the Coroner's Office so it can be turned over to the defense as part of the discovery in the case.

The Nov. 7 hearing will determine whether all discovery has been brought forward. Hall said that on that day, it's possible that a date will be set for the actual hearing to determine whether Atilano will be tried as a juvenile or an adult. That decision has yet to be made by the juvenile court judge.


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11/07/2013

A court hearing for the Menifee teenager accused of murdering his half brother was postponed once again today.

According to John Hall, spokesman for the Riverside County District Attorney's Office, the hearing for 16-year-old Skylor Atilano was continued until Dec. 17 at the Southwest Detention Center. This is the third postponement of a juvenile detention hearing in this case.

Atilano, seen here in an earlier court appearance, is accused of murdering 10-year-old Terry Smith Jr., whose body was found buried in a shallow grave in the back yard of the family home in Menifee on July 10. Hundreds of area residents searched for Terry for three days following his disappearance in a case that received national attention.

The previous delay, from an Oct. 23 court date, was requested because the DA's office was still investigating evidence and was awaiting final results of an autopsy. No updated information on this was given Thursday.

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12/17/2013

A 16-year-old boy charged with murder in the death of his younger brother, whose disappearance from their Menifee home in July prompted a massive search effort, was in court Tuesday, Dec. 17, but little progress was made in the case.

Skylor Atilano was arrested July 10 after the remains of his half brother, 11-year-old Terry Dewayne Smith Jr., were found buried in a shallow grave in the yard of their Helen Lane home.

Prosecutor Sean Crandell told the judge he is waiting to receive additional evidence that may be important to the case – subpoenaed records from Facebook and reports that include “statements made to the probation department.”

Judge Timothy Freer set the next hearing for February at the request of both the prosecution and the defense.

No decision has been made about whether Skylor will be tried as an adult and no hearing to address that issue has been scheduled. Before such a hearing can take place, the probation department must prepare a report examining Skylor’s fitness for juvenile court.

Questioned by the judge about repeated delays in the case, Crandell said both the prosecution and defense first would like to “explore a resolution.”

The judge ordered that Skylor continue to be held at juvenile hall.

Defense attorney Aly Franklin requested that his client have visits with family members who otherwise are not allowed to see him, including his sister and their aunt, who is the girl’s guardian.

The children’s mother, Shawna Smith, and her partner, Dennise Bugna, were in court for the hearing at the Southwest Justice Center in French Valley but they left the courthouse afterward without commenting.

Last week, Smith posted photos on Facebook of a visit to a permanent memorial for Terry at Menifee Market, near their home. They decorated the memorial for Christmas.

A command post had been set up at the market during the search for Terry.

Terry was reported missing Sunday morning, July 7. Riverside County sheriff’s officials said his older brother was the last person to see him alive, on Saturday night, July 6, while their mother was out. Hundreds of volunteers rallied to help emergency workers find Terry – nicknamed “Juju” – and Skylor was involved in the search effort.

Coroner’s officials have not disclosed how Terry died and have said the time and date of the boy’s death were unknown.

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Atilano's next court date will be Feb. 10, 2014.

Hello, I am Terry Smith Jr's Aunt by Marriage (My Sister was married to Terry Smith Sr's Brother Larry Until his death in 2012).
I help admin a page called The Heart Of The Matter, In Loving Memory of Terry Smith Jr. on Facebook Where I have posted news articles, video, and photos from the search, the case and of JuJu's life.
The last posting here was 12/14/13, Since then hearing February 10th 2014, which was postponed to March 6, 2014.
The hearing on March 6th according to Menifee 24/7 was postponed until April 17th 2014 due to both sides meeting with the judge needing time to continue negotiating a possible plea agreement.
The April 17th hearing was postponed until June 12th when a 707c evaluation was conducted to determine whether Skylor Atilano (Terry Smith Jr's half brother) will be tried as a juvenile or as an adult.
The June 12th Hearing was postponed until today August 7th 2014 and a new defense attorney is handling the case.
The other development in the case is a Wrongful Death Suit has been filed against Terry Smith Jr's Mother and Her Partner. (announced July 30th)
I will try to come to this forum and update information on the case as it becomes available.
Thank you for wanting Justice for JuJu! He is loved and missed!

HoldingOntoHope, WELCOME and so much for the updates.

I urge our members to check out your links provided.

This must be extremely difficult for you and your family members.

I look forward to your updates.

Update on Court Case... Today's case was AGAIN postponed until August 15th. A decision on whether to try Skylor Atilano as a juvenile or an adult has not been made according to Menifee 24/7   [You must be registered and logged in to see this link.]