Christopher Walker v. State of Mississippi

Court of Appeals of Mississippi·Decided October 31, 2023·No. 2022-KA-00482-COA·Published

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2022-KA-00482-COA

CHRISTOPHER WALKER APPELLANT

v.

STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 04/22/2022 TRIAL JUDGE: HON. JON MARK WEATHERS COURT FROM WHICH APPEALED: FORREST COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: MOLLIE MARIE McMILLIN ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA WAKELAND BYRD DISTRICT ATTORNEY: PATRICIA A. THOMAS BURCHELL NATURE OF THE CASE: CRIMINAL - FELONY DISPOSITION: AFFIRMED - 10/31/2023 MOTION FOR REHEARING FILED:

BEFORE CARLTON, P.J., LAWRENCE AND SMITH, JJ.

LAWRENCE, J., FOR THE COURT:

¶1. On April 22, 2022, Christopher Walker was convicted of two counts of touching a

child for lustful purposes (Counts I and II) and one count of exploitation (Count III).1

Walker was sentenced to serve fifteen years in custody for each conviction, and they were

ordered to run consecutively, totaling forty-five years. He was also ordered to pay a $50,000

fine for the conviction of exploitation. Walker now appeals, asserting that there was

insufficient evidence to convict him of exploitation and that the trial court erred by giving

1 Counts I and II were in violation of Mississippi Code Annotated section 97-5-23(1) (Rev. 2020). Count III was in violation of sections 97-7-1 (Rev. 2020) and 97-5-33(6) (Rev. 2020). a jury instruction defining “sexual conduct.” Upon review, we find no error and therefore

affirm.

FACTUAL BACKGROUND

¶2. Christopher Walker married Monica Walker in the fall of 2020. Walker had five

children from previous relationships, and Monica had two children. The only children who

were minors at the time of the couple’s marriage were Walker’s daughter D.W. and Monica’s

daughters A.C. and C.T.2 Walker, Monica, D.W., A.C., and C.T. began living together.3

Monica worked as a night-shift cashier at a convenience store. Walker was unemployed and

watched the children when Monica worked.

¶3. On June 5, 2021, D.W., age seventeen, woke up to several messages from Walker.

D.W. showed the messages to her step-sisters A.C. and C.T. The chain of messages, twelve

in total, have been combined here and read as follows:

I want your p*ssy. I think we should f*ck. You think I don’t care but the truth is I want to f*ck you and I know it’s wrong. Please don’t tell anyone. I know I’m weird and shouldn’t think that way but I can’t help it. I want you. If you tell[,] you will destroy me mentally. But I think you are beautiful and I know it’s wrong but I can’t help it[.] I want you[.] That’s why I’m an asshole to you. I am trying to push you away because I know I am wrong but if you said yes[,] I would not be able to hold back. Please don’t tell on me. I just wanted you to know why I’m an asshole to you. Please don’t tell. I’m still drunk but I know what I feel and I know it’s wrong but I still want you. Please don’t tell[.] You should delete these messages. I’m gonna. Please tell me what you are thinking. I’m sorry. I shouldn’t have said anything. Damn it I’m so stupid.

2 The children’s names have been substituted with initials in the interest of privacy. 3 The record suggests that Monica and Walker began living together before the wedding. The children appear to have moved in at another time. D.W.’s brother also appears to have lived in this house, but that fact is not necessary to the determination of the issues presented in this appeal.

2 I’m sorry for saying anything.

¶4. D.W. called Monica and told her what Walker had done. Monica drove to pick up the

three girls, who had stayed with Monica’s mother the night before. Monica and the girls

immediately went to the police station to report Walker’s actions. Walker was arrested for

child exploitation at his residence later that day.

¶5. Mississippi Child Protection Services (CPS) made a referral for twelve-year-old A.C.

and ten-year-old C.T. because they also lived with Walker. Kid’s Hub Child Advocacy

Center conducted forensic interviews with A.C. and C.T. D.W. was interviewed by

Investigator Jennifer Washington because she was close to the majority age of eighteen.

Following the interviews and subsequent investigation, authorities added two counts of

touching a child for lustful purposes as to A.C. and C.T. to the existing count of sexual

exploitation of D.W. Walker was formally indicted on December 1, 2021.

¶6. Walker’s trial began on April 11, 2022. The State first called Monica, who recounted

the events of June 5, 2021, when she received a call from D.W. that morning with A.C. and

C.T. crying in the background. Monica testified that all three girls were “hysterical.”

Monica told Walker she was leaving to check on the girls because they had called her “upset

and crying over some text messages he had sent to [D.W.]” She stated that Walker was

“heavily intoxicated even at that point that early in the morning” and told her that he “didn’t

do nothing . . . . [He] didn’t do anything wrong.” Monica informed him she was still going

to check on them, and Walker “went into throwing a fit, threatening to kill himself.” Monica

left the home, and Walker began sending her text messages, “apologizing [and] saying that

3 he wouldn’t have done it if it wasn’t for the intoxication, that he never meant to hurt any of

the children.” After picking up the children, Monica took them to the sheriff’s department

to report Walker.

¶7. Monica testified that this incident was not the first time she had been made aware of

Walker’s inappropriate behavior. In March 2021, her children told her that Walker had asked

“to touch or see [C.T.’s] vagina.” Monica told the children that she would deal with the

problem in private. She spoke with Walker and told him “what he had said was inappropriate

and wrong” and that “he needed to quit drinking.” Monica testified that she did not report

this incident to the authorities because she believed “it was just the alcohol talking.” Monica

also testified A.C. told her in May 2021 that Walker made the girls feel uncomfortable.

Monica “assumed it was just his drinking that made them uncomfortable.”

¶8. D.W., who was eighteen years old at the time of the trial, was then called as a witness.

She testified that she woke up to her father’s sexual text messages on June 5, 2021, and felt

“[s]hocked kind of . . . kind of grossed out.” D.W. further stated that while the messages

were “shocking to see[,]” “it wasn’t uncharacteristic” of her father. That same day, Walker

also called D.W. and left voicemails. D.W. stated that “[t]he first one he[] ask[ed] [her] for

forgiveness kind of in a way. And then the second one he start[ed] blaming [her] and he says

. . . like why would you do this to me. I changed your diapers, stuff like that.”

¶9. D.W. also testified about Walker’s behavior leading up to the date of his arrest.

Walker “drank a bottle of Bourbon every night pretty much.” Further, Walker “would get

drunk, he would say things and grab us inappropriately and stuff like that and he would say

4 inappropriate things to us.” Walker “would say like do you want to have sex and then say

it was a joke or say like I’m sexy or say stuff like that to [her] little sisters.” She also stated

that Walker played video games in the living room and “would get nude mod[ification]s like

to make his characters naked and sexual mod[ification]s to make them have sex.” “The

whole family kind of walked in and out of the living room” so everyone in the family was

Free access — add to your briefcase to read the full text and ask questions with AI

Christopher Walker v. State of Mississippi, (Mich. Ct. App. 2023).

Christopher Walker v. State of Mississippi (Christopher Walker v. State of Mississippi) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

United States v. Young
470 U.S. 1 (Supreme Court, 1985)
Harris v. State
861 So. 2d 1003 (Mississippi Supreme Court, 2003)
Flora v. State
925 So. 2d 797 (Mississippi Supreme Court, 2006)
Brown v. State
19 So. 3d 85 (Court of Appeals of Mississippi, 2008)
Neal v. State
15 So. 3d 388 (Mississippi Supreme Court, 2009)
Wilson v. State
967 So. 2d 32 (Mississippi Supreme Court, 2007)
Crawford v. State
787 So. 2d 1236 (Mississippi Supreme Court, 2001)
Moore v. State
787 So. 2d 1282 (Mississippi Supreme Court, 2001)
Rushing v. State
911 So. 2d 526 (Mississippi Supreme Court, 2005)
Christopher Lee Baxter v. State of Mississippi
177 So. 3d 394 (Mississippi Supreme Court, 2015)
Verenzo Cartrell Green v. State of Mississippi
183 So. 3d 28 (Mississippi Supreme Court, 2016)
Eugene Martin v. State of Mississippi
214 So. 3d 217 (Mississippi Supreme Court, 2017)
Randall Cooper, Jr. v. State of Mississippi
230 So. 3d 1071 (Court of Appeals of Mississippi, 2017)
Zack Cozar v. State of Mississippi
226 So. 3d 574 (Mississippi Supreme Court, 2017)
Grace Ann McCarty v. State of Mississippi
247 So. 3d 260 (Court of Appeals of Mississippi, 2017)
Eddie Dwayne Hollingsworth v. State of Mississippi
269 So. 3d 456 (Court of Appeals of Mississippi, 2018)
Crook v. State
105 So. 3d 353 (Court of Appeals of Mississippi, 2012)
Taylor v. State
109 So. 3d 589 (Court of Appeals of Mississippi, 2013)
Roberson v. State
19 So. 3d 95 (Court of Appeals of Mississippi, 2009)
Poole v. State
46 So. 3d 290 (Mississippi Supreme Court, 2010)