Walker-Madden v. State

The trial court properly admitted evidence of three similar transactions involving prior incidents between the defendant and his girlfriend in his trial for murder and aggravated assault in connection with the death of the girlfriend's 2-year-old son.

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Desmond Walker-Madden was tried by a DeKalb County jury and convicted of murder and aggravated assault, both in connection with the death of Gregory Anderson, Jr., a two-year-old child. Walker-Madden appeals, contending only that the trial court erred when it admitted certain evidence of similar transactions. We find no merit in that contention, but we do note that the trial court erred when it failed to convict and sentence Walker-Madden for two other crimes of which the jury found him guilty. Accordingly, we affirm in part, vacate in part, and remand for the trial court to sentence Walker-Madden for cruelty to children in the first degree and aggravated sexual battery.1

1. Viewed in the light most favorable to the verdict, the evidence shows that Walker-Madden and his girlfriend, Daniella Bernard, checked into a hotel early on the morning of March 26, 2008. They were accompanied by their baby daughter and Gregory, who was Bernard’s son from a prior relationship. Bernard was a college student, and she attended classes that day, leaving the two children in Walker-Madden’s care. After receiving a message from Walker-Madden that Gregory was sick, Bernard picked up some medicine and food, and she returned to the hotel. Walker-Madden volunteered to bathe Gregory, and Bernard noticed that Gregory had scratches on his side and a busted lip. Walker-Madden told Bernard that Gregory had fallen on the stairs. Bernard also noticed a hole in the wall that she had not seen before and that had not been previously reported to the hotel, although Walker-Madden claimed that it had been there when they checked into the hotel. That night and the next morning, Gregory complained that his tummy hurt, and Bernard gave him some Motrin.

Walker-Madden v. State

The trial court properly admitted evidence of three similar transactions involving prior incidents between the defendant and his girlfriend in his trial for murder and aggravated assault in connection with the death of the girlfriend's 2-year-old son.

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