Man charged with homicide, child sexual assault in toddler’s death held on $1M cash bond

MADISON, Wis. — The man accused of killing a toddler on Madison’s west side last month faces 18 charges including homicide and child sexual assault, according to a newly filed criminal complaint, and will be held on a $1 million cash bond.

Online court records show that Marshawn Giles, 23, was charged with one count of first-degree intentional homicide, one count of first-degree child sexual assault, one count of second-degree recklessly endangering safety, one count of second-degree sexual assault and one count of substantial battery.

He is also charged with five counts of battery, one count of child abuse, four counts of disorderly conduct, two counts of possessing a firearm and one count of criminal damage to property.

RELATED: Police chases, domestic abuse, a drive-by shooting: Records detail past allegations for suspect in toddler’s death

Alleged Assault

According to a criminal complaint, a caller with the initials DMP said her daughter, with the initials RNM, dropped three children off at her home while she and Giles went to Milwaukee on April 13. The children’s mother was supposed to return the next day but did not. The grandparent took care of the children through the weekend, and the children’s mother picked them up at 6 a.m. on April 17.

Giles allegedly hit a seven-year-old child, initials CMB, in the face on April 18 while at the apartment of the child’s mother on the 5600 block of Schroeder Road. A second child, a five-year-old with the initials JRR, told investigators that Giles threatened him with a pistol.

Interaction with Child Protective Services

On April 22, the children’s grandparent called police, alleging that Giles had assaulted her daughter, causing bruises and abrasions to her face. The woman and the children had gone to the grandparent’s home, but the woman later decided to return to her Schroeder Road address.

According to the complaint, the grandparent said Giles had made the children apologize for speaking with the police after the alleged April 18 incident. Giles allegedly broke the children’s mother’s computer, handed her a gun, and told her to kill herself. He also allegedly pushed her into a bathroom door.

After speaking to the children’s grandparent, detectives spoke with Child Protective Services. A social worker said they were aware of the incident, but that there was no imminent danger for the children’s mother or the children and they would not intervene.

According to the complaint, the worker told detectives that the allegations of ongoing physical abuse were not enough to justify danger to the kids and the allegations of guns in the household were not enough to have the children removed from the home.

Toddler is killed

On April 25, just before 3 a.m., officers were sent to the 5600 block of Schroeder Road. Officers found the children’s mother wrapped in only a blanket and towel, screaming “he killed my baby.”

The children’s mother had facial injuries and told officers that Giles had beaten her. The woman and Giles had been driving home from Milwaukee when Giles began “tweaking,” allegedly pointing a gun at her head and threatening to kill her. He also allegedly threw her phone out of the car window.

The two arrived home and ate dinner, but afterward, Giles allegedly began “tweaking” again and began saying that there was someone in one of the bedrooms – but no one was in the room. Giles then began breaking things, and allegedly slapped and punched the woman.

Giles then called her into her daughter’s room. The woman’s daughter was identified as 20-month-old RM. Once in the toddler’s room, Giles allegedly tried to force the children’s mother to have sex with him, slapped her, and punched her in the face. He also allegedly slapped and punched the toddler.

The complaint alleges that Giles picked up the toddler and threw her into the bathroom toward the bathtub before punching her and the mother more. He then allegedly picked the toddler up and threw her into an open toilet.

The children’s mother did not have her phone and couldn’t call the police, so she ran from the apartment screaming to get help. She suffered a fractured nose, scalp contusion, and forehead hematoma.

Officers arriving at the scene entered the apartment and found blood on the walls and other surfaces. An adult male could be heard talking to himself. As police made their way towards where the voice was coming from, Giles reportedly came out of the master bedroom, completely naked. The complaint alleges that Giles refused to follow officers’ commands, and they had to wrestle him to the ground in order to take him into custody.

Officers entered the master bedroom and found the toddler lying naked on her back with a pillow over her face and neck. Officers removed the pillow and saw that her face had bruises and cuts and her lips were turning blue. She had a weak pulse.

Officers and EMS workers began to perform lifesaving measures, and she was taken to the UW emergency room but was pronounced dead at 3:42 a.m.

Woman speaks at hospital

The children’s mother spoke to officers at the UW ER, giving further details about what happened on the morning of April 25.

The complaint alleges that Giles had forced her to perform oral sex on him in the master bedroom, and slapped and punched her while she was doing so. Giles allegedly slammed the toddler into the open toilet multiple times and threw her into the bathtub before punching her in the head.

She said the two began dating in January 2022 after Giles messaged her on Facebook. The two began living together in February. She said things started out good, but Giles began to become controlling during the weeks leading up to the toddler’s death.

Toddler’s autopsy

According to the complaint, an autopsy showed RM suffered blunt force injuries to the head, including skull fractures. A doctor said RM suffered over 10 impacts to the head. She also suffered blunt force injuries consistent with sexual assault.

The cause of death was ruled as blunt force injuries to the head, torso, and extremities from being assaulted.

Bond set at $1 million

During a Monday afternoon initial appearance, Dane County Court Commissioner Brian Asmus said he likely hasn’t seen anything as serious in his 22-year career.

“It’s hard to imagine more serious, grievous facts than what’s alleged here. We see people who get a million dollars bail for first-degree intentional homicide and they have no prior criminal convictions,” Asmus said. “Here, we’re alleging the sex assault and murder of a young child. I can’t imagine anything more serious.”

Asmus ultimately ordered Giles to be held on a $1 million cash bond. As conditions of his bond, Giles must also avoid any and all dangerous weapons, any controlled substances, and contact with the victim’s family. If he posts bond, Giles will be placed on house arrest as a condition of his release.

Giles’ next court appearance is a status conference scheduled for July 25.