WILLACOOCHEE, Ga. (WALB) — A woman charged with felony murder in the death of her infant son has been released on bond and will not stand trial until October 2026, according to court officials and a family advocate.

Amber Smith was arrested in December 2024 and charged with felony murder and cruelty to children in the death of her 4-month-old son, Levi Smith. She was released on a $75,000 property bond on May 1, 2025, and is being monitored with a leg monitor, according to the Atkinson County Sheriff’s Office.

Smith is scheduled to return to court Oct. 21, 2026, according to Atkinson County court officials.

Levi Smith was reportedly found dead on Oct. 20, 2022. The Georgia Bureau of Investigation (GBI) confirmed it was requested by the Willacoochee Police Department on Oct. 21, 2022, to assist with a death investigation.

Investigation and arrest

Charol Loper, a former family friend advocating for the child, said Levi Smith was born May 9, 2022, weighing 9 pounds, 2 ounces. Loper alleges that the baby was repeatedly abused, neglected and starved, weighing less than 6 pounds at 3 months old.

On Sept. 9, 2022, the child’s grandmother took the 4-month-old to show coworkers, who were concerned by his condition, but did not take him to a doctor, according to Loper.

Loper said she turned information over to the GBI in 2023 after 10 to 15 people reached out to her about alleged abuse.

“I had to get the evidence together and take it to the GBI ” Loper said.

Bond and trial delays

Smith had another child before her arrest in 2024. Both that child and an older daughter are now in the custody of another family member, according to Loper.

WALB reached out to the district attorney’s office about how bond is granted in murder cases and the court delays in a case dating back to 2022. The office has not responded yet.

The GBI said the case is pending trial and no additional information is available for release.

Loper said she is concerned about Smith being released on bond.

“She’s not safe to be around children. She’s not safe to be in the public,” Loper said.

Loper said she offered to take custody of Levi Smith before his death.

“I offered to take that baby from her,” Loper said. “We offered to raise that child for her.”

Smith told her if she ever felt like she could not care for the child, she would let her know, Loper said.

WALB reached out to the Willacoochee Police Department to request the initial incident report. We have not heard back yet.

According to Loper, a call to the police department on Sept. 14, 2022, about the child’s welfare did not result in a welfare check.

Smith has not been convicted, only charged, and is presumed innocent until proven guilty.

This is a developing story. WALB will provide updates as we learn more.

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