JACKSONVILLE, N.C. (WNCT) --- The state intends to seek the death penalty in the case against Earl Kimrey, the boyfriend of Mariah Woods' mother.
That's according to District Attorney Ernie Lee. He said the state also intends to declare the first-degree murder case as capital.
Kimrey is facing charges of first-degree murder, felony child abuse inflicting serious bodily injury, felony common law obstruction of justice, felony concealment of death, second degree burglary, felony larceny, and felony possession of stolen property.EARLIER: Custody battle between Mariah Woods' parents included sex, physical abuse accusations
Kimrey, whose full name is Adolphus Earl Kimrey II, was initially charged on December 2 with obstruction of justice, concealing an unattended death, possession of stolen goods, second-degree burglary and larceny after breaking and entering.
Kimrey's court date was set for February 14 but he did not appear in court. Still, a small crowd gathered outside Wednesday morning to make sure all who passed by would know Mariah Woods is not forgotten.
Each of the community members who stood outside held balloons in various shades of pink. It's a color that's become synonymous with the toddler.
It's been nearly three months since Mariah went missing, and mothers like Heather Stevens gathered to show their love for her.
"She should be here celebrating with her family and with her brothers," Stevens said. "She should be here for every day and every occasion."
Also out front, Mariah's paternal grandmother, Debra Woods. She says the family is holding up, and wouldn't comment on Kristy Woods, except to say that she hadn't spoken with her.
"People are helping with the cause and it means a lot to know she's touched so many people without even knowing them," Debra Woods said.
Justice is all they want and Woods says she will continue to organize these peaceful demonstrations until it is served.
Kimrey has been in custody in the Onslow County Detention Center with no bond.
Kimrey's next court appearance in Onslow County Superior Court is scheduled for February 26.