Relatives say the formerly spry elderly man likely will never walk again as a result of his injuries.
On Monday, Juvenile Court Judge Juanita Stedman granted Assistant District Attorney Carrie Harris' motion to transfer the teen's case to Cobb Superior Court, which means James Glover will be tried as an adult for the Sept. 24 beating and robbing of Paul Smallwood.
An 11-year-old boy, whose name is being withheld because he is a juvenile, was also charged in the case. He was released from Cobb Juvenile Detention Center late last month and will be supervised by the Department of Juvenile Justice for two years. Glover, whose name is being used because of the decision to try him as an adult, is still in custody in the juvenile facility.
Harris said the state sought and received the maximum penalty allowable for the 11-year-old. He pleaded guilty to burglary and testified on Monday in Glover's transfer hearing.
Both boys were charged with armed robbery, aggravated battery, aggravated assault, burglary and violation of the Georgia gang act.
As of Wednesday, Glover's case had not yet been transferred and the DA's office hadn't yet indicted the teen. However, Deputy Chief Assistant District Attorney Jesse Evans said that if they stick to the same charges as the juvenile court, Glover could face more than 20 years in prison.
Evans said armed robbery carries a sentence of 10 to 20 years, or life in prison, while burglary, aggravated battery and aggravated assault all carry charges of one to 20 years in prison apiece. Violation of a Georgia gang act, Evans said, generally carries a charge of five to 15 years.
"Every felony is serious, but each one of these is a very serious offense, no doubt," Evans said.
Meantime, Smallwood, who was admitted to WellStar Kennestone Hospital and remained there for several weeks in intensive care after being hit on the head with a rock inside his Crescent Square on Austell Road, has moved into a nursing home in Marietta, his grandnephew Ricky Scoggins said Wednesday.
Scoggins said his great-uncle will likely never be able to walk again.
"He's so used to being out and he's not used to being in a place like that," Scoggins said. "They messed his life up. He's always been a happy and always does things on his own, but now he's depressed all of a sudden."
Cobb Police said Smallwood was returning to his apartment the afternoon of Sept. 24 when the 11-year-old boy and Glover entered his apartment around 2:30 p.m., without his permission. The two boys started talking to Smallwood about his car, saying that it needed some maintenance work. Smallwood told them his car did not need work and asked them to leave, Cobb Police Detective D.L. Ponte testified during Glover's probable cause hearing on Sept. 30.
A few minutes later, Ponte said, Smallwood heard a knock on his door and the two boys walked into his apartment again, saying that the 11-year-old had left his wallet in the apartment. Smallwood then said he was struck in the head and fell to the ground, and once on the ground, he said a rock was thrown at his head, Ponte said. The boys then took Smallwood's wallet, which had $27 in it, and his cell phone, and were seen running from the apartment, Ponte said.
After the attack, police questioned neighbors and got a lead on the 11-year-old. Once police took the 11-year-old into custody and questioned him, he admitted to being at the crime scene, but said his 15-year-old friend was the one who beat and robbed Smallwood, Ponte said. Glover, accompanied by his parents, turned himself into police on Sept. 29. Police confiscated a shotgun that was found under his bed following his arrest, Ponte said.