View Mobile Site

Man found guilty of aggravated assault on a child

Sentencing set May 21 for 2 responsible for injuring 11-week-old baby

POSTED: May 8, 2014 11:31 p.m.

A Gainesville man was convicted Thursday of aggravated assault and cruelty to a child by a Hall County jury.

Joshua Busby, 24, was accused of injuring an 11-week-old baby in a Feb. 9, 2013, incident in Gainesville.

Daphne Carder, 23, pleaded guilty for her role in the incident and testified for the state. Busby has been on trial since Monday in Superior Court.

The jury had strong words for Carder in an amendment to the verdict, reached after about three hours of deliberation.

“We the jury cannot ignore the culpability of Daphne Carder in the extreme injuries inflicted on (the child) while in her care,” read the note, signed by the foreman. “We find her excuse of being under the influence of drugs to be weak and unbelievable given the severity of the injuries ... and the extreme force needed to cause these injuries.”

Both Carder and Busby were indicted in June on three counts of aggravated assault, one count of cruelty to a child in the first degree and one count of cruelty to a child in the second degree.

According to the indictment, Busby assaulted the child “with intent to murder, causing blunt force trauma to the head,” which led to multiple cuts and bruises, requiring hospitalization. The child also suffered a fractured skull.

Evidence presented at trial included testimony from medical experts and photographs depicting the injuries to the child.

Judge Jason Deal had planned on sentencing Busby and Carder after the trial, but scheduled a hearing for May 21 at the request of Busby’s attorney.

The mandatory minimum for aggravated assault is a one-year sentence, and the maximum is a 20-year sentence. The minimum sentence for cruelty to a child in the first degree is five years, not to exceed 20, and in the second degree one year not to exceed 10.

Assistant District Attorneys Hugh Hamilton and Kelley Robertson led the state’s prosecution.

Busby was taken to the Hall County Jail, where he has been held since his arrest.

According to court records, he has a prior record of battery, and pleaded guilty to felony check forgery in September 2012. He was sentenced to five years, with six months to serve in jail and the remainder on probation.


Contents of this site are © Copyright 2010 The Times, Gainesville, GA. All rights reserved. Privacy policy and Terms of service

Powered by
Morris Technology
Please wait ...