In 2006, Tydarious Harris touched his tiny, paint-covered hand to a piece of marble tile.
The artwork he created at day care sits atop his father’s TV.
It’s been three years since 4-year-old Tydarious and his 2-year-old brother, Hezekiah, died from injuries they sustained in a fire deliberately set at a home in Macon’s Unionville neighborhood.
Robert Harris said Tydarious and Hezekiah lived with their mother in Macon at the time of the fire, but he still has their McDonald’s Happy Meal toys from the times they spent at his home in Forsyth.
Three years after the fire, the man charged with setting it hasn’t gone to trial. Anthony Desean Braswell, 39, is serving a prison sentence on an unrelated charge, but he could face the death penalty if he’s convicted of killing Harris’ sons.
Braswell is accused of pouring gasoline onto the house porch at 417 Moseley Ave. to start the fire.
Since prosecutors announced that they’d seek the death penalty in May 2009, Braswell’s attorneys have filed dozens of motions.
One of Braswell’s attorneys left the case and was replaced by another lawyer from the Georgia Capital Defender’s Office nearly a year ago.
Judge Lamar Sizemore, who initially presided over the case, retired at the end of 2010. The case now is in Judge S. Phillip Brown’s hands, according to Bibb County Superior Court records.
A status hearing is scheduled for late August. At that hearing, dates will be set for future hearings, and the case’s official status will be determined, prosecutor John Regan said.
Although the case is three years old, it is moving forward, Regan said.
“It’s not like we’re forgetting about this case,” he said.
Braswell’s attorneys have filed 131 motions, and the prosecution was required to respond to each one in writing.
Both sides have agreed to some issues, reducing the number that will have to be settled in court, Regan said.
“It speeds up the process.”
Charles Nester, one of Braswell’s two lawyers, declined to comment on the case Friday. A phone message left for his other attorney wasn’t returned.
Braswell’s girlfriend, 36-year-old Shauntrice Murry, pleaded guilty to murder March 10, 2010, in connection with the boys’ deaths. She was sentenced to concurrent life sentences.
A third person, 30-year-old Latoshia Yvette Wyche, also is charged with two counts of murder and one count of arson in the case, but prosecutors haven’t said they’re seeking the death penalty against her.
Regan said Braswell will be tried before Wyche.
Wyche has told police that Murry put gasoline in a plastic sports-drink bottle and gave the bottle to Braswell.
Braswell’s case still has a way to go before it is presented to a jury.
After all the motions filed by lawyers in the case are resolved, the case will go before the Georgia Supreme Court for a pretrial review.
A trial date hasn’t been set, Regan said.
After he was arrested on charges of murder and arson in July 2008, Braswell’s parole was revoked in connection with a 1990 Bibb County aggravated assault charge.
When Braswell isn’t in local custody for court appearances, he’s being held at Ware State Prison in Waycross.
As far as he’s concerned, Robert Harris said he’s ready for the case to be over.
He avoids traveling to Bibb County when he can because of the memory of his sons’ deaths.
But while he’s working as a roofer, there are days when his job brings him into Bibb County -- and near Moseley Avenue.
“Sometimes I don’t even go to work,” he said.
Information from Telegraph archives was used in this report. To contact writer Amy Leigh Womack, call 744-4398.