Sledgehammer attack trial: Milwaukee man accused of killing grandson
MILWAUKEE - The grandfather accused of killing his 12-year-old grandson with a sledgehammer went on trial on Wednesday, May 4. Andrez Martina waived his right to a jury trial in March, so a judge will instead decide the verdict.
On court on Wednesday, the judge heard testimony from witnesses who were with the child during his final moments. Some of it was disturbing.
"When he dropped, between his head flapped, and I seen a sharp cut," said Nia Moore, the victim's aunt.
Nia Moore
Loved ones of young Andre Smith summoned the strength to tell the court the condition they found the boy in on Aug. 29, 2021.
"I told Tony, ‘it’s bad can you help me?’" Moore said.
"I wrapped my shirt around his head to make like a tourniquet," said Anthony Anderson, Moore's boyfriend.
Andrez Martina
The 12-year-old died from his injuries. His grandfather, Andrez Martina, is now on trial. Charges against him include first-degree intentional homicide and physical abuse of a child.
Andre Smith
Martina is accused of using a sledgehammer and other objects to beat the boy. He also hit Andre's little brother. In his Mirandized interview, Martina admitted being under the influence and blacking out during the beating.
Late on Wednesday, Martina testified in his own defense – saying his grandson pulled a gun on him.
"Well, once I grabbed the gun from him, and he hit the wall, everything went lights out," Martina said.
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Prosecutors say Andre and his little brother had a sleepover at Martina's house. His grandmother and legal guardian at the time, Allysha McCroy, was in her own residence. She said she woke up to messages from Martina, accusing the boys of stealing $1,000 from him. His words shook her.
"He’s bleeding," McCroy said.
McCroy said she immediately sent her daughter and daughter's boyfriend to pick up the boys.
"I would turn back and say, ‘Stay with me, Andre, just stay with me,’" Anderson said.
The two recall a horrific scene.
"There was blood everywhere," Anderson said.
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Andre's little brother witnessed the entire beating. Due to Marcy's Law, his testimony was not video recorded. But following his testimony, emotions ran high outside the courtroom.
A deputy told FOX6 News there was an argument in the hallway involving family members. One family member had to be escorted out of the courthouse. A spokesperson for the Milwaukee County Sheriff's Office said no arrests were made.
The Martina trial resumes on Thursday.