Man pleads guilty, gets 25 years for death of girlfriend's toddler

The plea agreement means the defendant avoids the possibility of life in prison.

By WILLIAM R. LEVESQUE, Times Staff Writer
© St. Petersburg Times
published November 1, 2002

LARGO -- A man accused of beating to death his girlfriend's 2-year-old son in Tarpon Springs pleaded guilty Thursday to a reduced charge of second-degree murder.

Timothy Allen Walter, 23, who has lived with his family in Holiday, was sentenced to 25 years in prison by Pinellas-Pasco Judge John Schaefer after defense attorneys and prosecutors worked out a plea agreement.

Walter originally was charged with first-degree murder and faced life in prison for the death of Jordan Ebersberger in September 2001.

Prosecutor Tim Hessinger said his office decided to accept the plea after evaluating the strengths and weaknesses of the case.

"You never know what a jury is going to do," he said.

Assistant Public Defender Violet Assaid said her office could have shown jurors that Walter suffered from mental health problems and had a reduced IQ, which both affected his behavior.

"It would explain why this happened and made it more understandable as opposed to someone who is normal and well-adjusted doing this," she said. "He had a lot of problems in his life."

After the plea, Jordan's mother, Brandi Ebersberger, told Hessinger that she still loved Walter, wanted to marry him and did not want to see him go to prison for killing her child. (Jordan was not Walter's son.)

Hessinger said in an interview that Ebersberger's wishes played no role in the plea. He said that Ebersberger knew about Walter's abuse and did nothing to stop it. She has not been charged criminally.

"She bears a lot of responsibility for what went on," Hessinger said.

Tarpon Springs police said Jordan had new injuries each time he was left alone with Walter between Sept. 7 and 13, 2001. Injuries included knuckle marks on Jordan's chest, a cut and bruise on his chin, a cut under one eye and bruises inside his ears, behind one ear, on an eye and on his forehead, police said.

Jordan also suffered numerous internal injuries, including brain swelling, a lacerated liver and spleen, and hemorrhages in his eyes and ears.

Walter told police he "popped" Jordan in the back of the head, causing the toddler to fall into a bed post. He also admitted to "slap boxing" with the boy and possibly hitting him "too hard," police said.

The week of abuse documented by police occurred when Ebersberger and Walter were staying with Paul Edwards, a family friend, in Tarpon Springs.

On Sept. 13, Jordan began vomiting in the morning and stopped breathing that afternoon, police said. Walter called his mother, who advised him to call 911, a police report said. Walter and Ebersberger had a conversation "about how much trouble they would be in (in) relation to the child's visible injuries," the report said.

Ebersberger called 911, and paramedics went to the house, police said. Before police arrived, Walter fled to his mother's house in Holiday.

Ebersberger, 19, could not be reached for comment.

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