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A folded-up stroller leaned in a corner at the entrance of the courtroom, its emptiness an unintended emblem of the “tragedy,” as the judge described it, behind this morning’s sentencing.
C.J. Nelson, the 24-year-old Palm Coast resident whose reckless gunplay caused the shooting death of his 18-month-old niece at a Ranwood Lane house in September 2023, was sentenced to 15 years in prison.
Family members and friends of Ja’Liyah Allen, the victim, and of Nelson–all members of the same family–filled several pews in the gallery. Some addressed the court with allegiances and hearts torn. Others–Ja’Liyah’s mother, her father and her grandmother–did so with less forgiveness, their hearts and voices broken as they spoke of the memories they’ll never have with Ja’Liyah’s. They asked the court to punish Nelson to 20 to 25 years.
Defense attorney Rose Feller asked for seven, a request that drew scoffs from Ja’Liyah’s parents.
Notably absent was CJ Nelson Sr., Nelson’s father, who faces his own charges for allegedly directing his son to lie and hide evidence in the shooting–directions his son followed before confessing much later, and pleading out to a manslaughter charge. He faced up to 30 years in the open plea before Nichols. The state, like the family, asked for 20 to 25.
“I’m going to tell everybody right now. I’m going to make both sides of the room
very unhappy now,” Nichols said before pronouncing sentence. “There isn’t nothing this court can do that can bring your baby back, that can bring his niece back, that can do anything to repair what has happened in this case.” She called it one of the most difficult sentencing she’s ever had to do as a judge.
“This is an incredibly emotional case, it’s devastating, it’s one of those tragedies where there are absolutely no winners,” she told the families at the beginning of the two-hour hearing.
It wasn’t just about the families’ statements, or Nelson’s, who voiced apologies the judge described as “heartfelt.” It was the first time the full details of the shooting were described in open court as Assistant State Attorney Jason Lewis questioned Flagler County Sheriff’s Detective Kathryn Gordon about them.
Nelson had been in his bedroom at the Ranwood house that evening smoking pot. He was with his girlfriend and her own infant child. He’d taken a selfie with his gun and posted it on Instagram within the hour. He kept playing with the gun, even though he was on probation for a gun offense. He thought he’d emptied the gun of bullets. He hadn’t. He pointed the gun at the wall and fired.
Ja’Liyah was on the other side of the wall, in the hallway, playing with her mother as her mother was drawing a bath for her and waiting for the water to warm up. She was standing over her daughter, playing with her when she heard the gunshot, “and she watched that happen,” Gordon testified.
“She watched her child get shot?” Lewis asked.
“Yes.”
It was not Nelson who came out to help but the mother’s boyfriend. It was not Nelson who called 911 but the mother’s boyfriend. Nelson came out of his room cussing. He would then lie repeatedly, as did his girlfriend, when Gordon questioned him, claiming he’d been outside the whole time, smoking pot.
He only owned up to being responsible when he unknowingly spoke to a police informant at the Flagler County jail.
Today he spoke his apologies in a written statement he spoke to the court in a mumbled monotone no one could understand. The judge took it upn herself to read it out loud, her voice more emotional than his: “I know I never got the chance to apologize to you.,” he told his sister, the child’s mother. “Many days I wanted to pick up the phone and let you know how sorry I was, but a part of me was scared that I wouldn’t wake up from this nightmare. As a brother, my job is to protect you, but I ended up causing you pain and grief. The tragedy that occurred that night has haunted me in my dreams. I would do anything to bring Ja’Liyah back, but sadly, in life. You cannot rewind time. I know this will affect us forever, and it divided us, but I want you to know that I’m sorry, and I hope that one day that you can find it in your heart to forgive me.”
One of his sisters spoke.
“I just don’t want to pick sides because they’re both my family,” she said. “He did love his niece.” She described his growing up and how as time went on, “there was a wrong set of crowd he hung out with.” She attributed his behavior to that, the night of the shooting, even though he was in a family home. She then added: “She’s my niece and she deserves justice.”
Nelson takes 506 days’ credit to apply to his sentence. With gain time, or time off for good behavior, he may be out in 12 years.
[This is a developing story.]
