Murder Conviction Upheld For Man Sentenced In Cherokee Court

ATLANTA, GA — The Georgia Supreme Court has upheld the murder conviction of a man accused of killing his wife of 23 years in 2016.

According to the opinion from the court, Darrell Eaker is serving life in prison without the possibility of parole on suspicion of malice murder in the killing of his wife, Audra.

A Cherokee County grand jury found him guilty, and he was sentenced on Oct. 29, 2018.

Along with life in prison, he was sentenced to five years to be served consecutively for possession of a firearm during the commission of a felony, 10 years to be served consecutively for criminal damage to property in the first degree and 12 months to be served consecutively for discharge of a gun near a highway or street, according to the opinion.

An aggravated assault (family violence) charge was merged into the malice murder count, according to the opinion.

Eaker is accused of shooting his wife eight times with a H&K .45-caliber handgun in their car after learning she was having an affair, according to the opinion. The couple was traveling around 9:30 p.m. along Highway 92, leaving a party during which Eaker had been drinking alcohol, according to the opinion.

During trial, Eaker said, "I don’t remember firing eight (rounds). I remember pulling the trigger,” according to the opinion.

Officers found his wife dead inside of the car, four projectile holes in the driver-side door and the handgun on the passenger's floor, according to the opinion.

Authorities arrested Eaker at a nearby parking lot, who had gun residue on his hands, according to the opinion.

After he was denied a motion for a new trial, Eaker appealed the guilty verdict on June 10, 2021, according to the opinion. In an appeal, Eaker claimed he received ineffective counsel in the original trial and said the trial court erred in denying him a new trial based on newly discovered evidence.

His appeal was put on the docket for the August term, according to the opinion. His murder conviction was upheld Tuesday.