Domestic Violence Case Results

Internal Reference # 1054

Facts: On 5/09, Officer C responded to the location in Florida in reference to a delayed domestic violence report that occurred.

Officer C met with the victim who stated she was visiting her boyfriend, the defendant on Thursday, discussing their wedding plans and their unborn child (she is currently approximately 9-10 weeks pregnant). The victim said the defendant and herself recently returned form a doctor’s visit where they found out she was pregnant with his child.

The victim stated that the defendant became angry with her about the wedding and began to push her. The defendant pushed the victim with both his hands on her chest into the refrigerator he kept in his room. He then threw the victim onto the bed and physically held her down on the bed by pinning her hands down. The victim’s phone was ripped out of her hand by the defendant and he snatched her keys from her, which were kept around her neck. Once the defendant took the property from the victim, he bit the victim on the right shoulder and got off of her. The defendant picked up a knife and threatened the victim by advancing towards her. The defendant’s roommate entered the room and held him back. The victim stated he was threatening to hurt her while the roommate held him allowing her to run out to her car.

The victim ran out to her car and the roommate came out after to return her keys from the defendant. The victim got into her car and left.

The victim returned to the defendant’s residence the next day, to retrieve her phone from the defendant. When she arrived, the defendant told her if she didn’t leave his house, he would call the police. While the victim was at the house, sheriff units arrived and she was served with temporary injunction papers, which were filed by the defendant. The victim retrieved her phone after observing it on a nearby wall, but found her phone broken into several pieces. The victim left the property after the injunction was served to her.

Officer C observed severe bruising on the victim’s shoulder that were consistent with a bite and teeth marks. Officer C also observed the phone that was broken consistent with her story.

Officer C took photos of the mark on her right shoulder and of the cell phone. A taped statement was taken and will be faxed to Robbery Division. Copies were made of the photos and entered into evidence.

Sgt. R advised to have the Robbery Unit do the follow up investigation.

Detective Report:

On May 07, the defendant did knowingly and intentionally strike the victim against her will; the defendant also forcefully took the victim’s property, with the intent to either permanently or temporarily deprive the victim of her property. The victim was nine weeks pregnant at the time with the defendant’s child; the defendant did know that the victim was pregnant with his child because he went to the clinic with the victim and was told by the nurse that the victim is pregnant.

The Defendant was arrested and charged with Aggravated Battery/Victim Pregnant (784.045(1)(b)), and Robbery (812.13(1)).

Results: Mr. Foley convinced the state to drop all charges. All charges dismissed. No Prison, No Jail, No Conviction.

Internal Reference #1075

Facts: The defendant was charged with Domestic Violence/Battery

Results: During negotiations with the state attorney, Mr. Foley was able to convince him to dismiss the charge.

All charges dismissed.

Internal Reference # 1120

Facts: The defendant did, under circumstances that constituent an act of domestic violence, actually and intentionally touch or strike victim, against the will of the victim, and did intentionally cause bodily harm to victim, when he pushed her to the ground and caused her head to strike the kitchen stove, contrary to Florida Statute 784.03(1)(A)(1)(HG). The victim sustained a minor laceration to her forehead as a result of the battery. It should be noted that when the battery occurred, the victim and the defendant were living together as a family; and were sharing custody of a minor child. During the course of the physical argument, the defendant pinned the victim against an armoire and prevented her from calling 911, contrary to Florida State Statue (914.22(1)(E)).

The defendant was arrested and charged with Touch or Strike/Battery/ Domestic Violence (784.03-1a1(HG)) and Hinder Communication with Law Enforcement(914.22-1E)

Results:

1. Touch or Strike/Battery/ Domestic Violence (784.03-1a1(HG)) - Dismissed
2. Hinder Communication with Law Enforcement(914.22-1E) - Dismissed

Internal Reference #1137

Facts: Officer R made contact with the victim, who stated that her cousin (relative by blood), the defendant, was at her residence when they entered into a verbal altercation. The altercation became physical when the defendant used his left finger to poke her in her right temple and began telling her, “If anyone has a problem with me, I will kick their ass”. While still in front of the victim, the defendant then grabbed a glass of water from the counter and threw the water into the victims face and said, “What are you gonna do?” Due to the defendant’s 6’4”, approx. 240 lb. stature, the 5’2”, 130 lb. victim became fearful and tried to push past the defendant in an effort to get away from him. The defendant grabbed the victim by the neck (unknown which hand) and threw her to the tile floor where she landed on her back. The defendant retained his grip around the victim’s neck and began choking her, impeding her attempts to yell or breathe. While choking the victim he asked, “Do you want to die, bitch?” The victim then began to kick the defendant causing him to release his grip. Once free, the victim grabbed the telephone, ran into her bedroom, locked the door, and called 911. Once the victim heard the defendant leave the residence, she went to the front door and gave dispatch the defendants vehicle description and tag information. The victim was issued a Domestic Violence pamphlet and agreed to give a sworn taped statement to the above referenced events. A 911 Tape Request was submitted and photographs were taken of the victim as well as the red marks that were observed on the left side of her neck.

The victim stated that the defendant (blood relative) knowingly and intentionally, against her will, touched or struck her and impeded her normal breathing or circulation of blood.

A NIC PC was issued for the defendant for Domestic Violence/ Domestic Battery by Strangulation.

The defendant was arrested and charged with Domestic Violence/ Battery (784.03-1a1(HG) and Domestic Violence/ Domestic Battery by Strangulation (784.041-12(a)(HG)

Results: Dismissed

Internal Reference #4010

Charges: Battery (Domestic Violence)

Result: Battery (Domestic Violence) – Dismissed

Internal Reference #5003

Process: The alleged victim contacted Mr. Foley. Mr. Foley prepared an affidavit, presented it to the state attorneys office, and convinced them to dismiss the charges

Charges: Battery (Domestic)

Result: Battery (Domestic) – Dismissed

Internal Reference #6028

Process: The defendant was arrested for domestic violence battery. Mr. Foley contacted the state attorneys office prior to filing charges and convinced them not to file formal charges.

Result: Case Dismissed

Internal Reference #7010

Facts: On 2/22 at 0052 hours, Officer K responded to a location in reference to a report of a domestic disturbance. On arrival, Officer K made contact with the victim who was inside of the residence lying on the kitchen floor. The victim was crying and stated that her husband, identified as the defendant, punched her in the face during an argument over cell phone calls. The victim, who had noticeable swelling under her left eye, also stated that her husband punched her again several more times in the back area as she laid on the floor. The victim stated that she has been married to her husband, who was detained outside of the residence pending further investigation, for over a year and that they both currently resided at the location. Upon interviewing the defendant, who was informed of his Miranda warnings, he denied touching the victim, but he did acknowledge having an argument with her. Due to there being no independent witnesses and based on the victims visible injury, Officer K placed the defendant into custody for domestic battery. After placing the defendant under arrest, the victim requested that Officer K not take him to jail. After Officer K informed the victim of state law, the victim refused to cooperate further and would not give Officer K a taped statement of tonight’s events. Sgt. C was notified of the circumstances surrounding the domestic battery and of the victims refusal o assist with prosecution. Prior to leaving the scene, the victim insisted on going to the hospital and fire rescue was summoned to the scene. As the victim was placed into the rescue truck, she allowed Officer K to take two photographs of her injuries. Officer K also issued the victim a Victim’s Rights handbook and explained to her the procedures for obtaining a restraining order. Once completed on scene, Officer K transported the defendant to the district officer where he was processed for the domestic battery charge. The defendant also refused to give a sworn taped statement at the time. Finally, Officer K transported the defendant to the booking facility where he was released into their custody for further booking. Officer K completed a 911 Tape Request for this case and forwarded a copy of the report to Women in Distress for follow up assistance. Also, Officer K attached a V.I.N.E to the original PC affidavit, which went with the defendant. Officer K took no further action at this time.

Charges:

1. Touch or Strike/Battery/Domestic Violence
2. Convinced State not to file charges.

Result: Touch or Strike/Battery/Domestic Violence – No Information – Dismissed

All Charges Dismissed

Internal Reference #20249

Facts: At 0144 hours, the officer responded to a residence in reference to a 911 hang-up. Upon the officer’s arrival with a sergeant and deputy, they observed at the front door a couple arguing. The victim informed the officer that for most of the previous night and into the morning, she went out with some friends and observed that her husband, the defendant, has been following her. The victim informed the officer that they are separated and the defendant has moved out of the above residence. The victim informed the officer that she arrived home and five minutes after, she heard a knock on the front door. The victim informed the officer that she answered the door and the defendant forced himself inside, grabbed her by the arm, dragged her into the bedroom, threw her on the bed, got on top of her, and grabbed her by the neck with both of his hands. The victim informed the officer that she attempted to reach for the telephone and dial 911 for deputies’ assistance, but the defendant tried to take the telephone away from her. The victim informed the officer that she successfully dialed 911 and was able to inform dispatch about the incident. The victim informed the officer that she did not sustain any injuries, thus she refused medical assistance from fire-rescue. The defendant committed the act of Domestic-Battery and was transported to the sheriff’s office detention facility. A deputy conducted a taped statement and Polaroid photographs was taken of the victim and is attached to this report. The victim received a sheriff’s office “IT’S NOT OK!” Domestic Violence DVD, victim’s handbook, and case card.

Charges: Touch or strike/battery/domestic violence (784.03(1a1)) – Maximum Penalty: 1 year in jail

Process: Mr. Foley met with the victim (the defendant’s wife) and received a sworn written statement from her. In her statement, she alluded to being impaired the night of the incident and felt pressured by the police to give an invalid statement. Mr. Foley used the victim’s statement to convince the state to dismiss the case.

Results: Touch or strike/battery/domestic violence – Nolle Prosequi (Dismissed)

No Jail, No Probation, Case Dismissed

Internal Reference #20264

Facts: The victim and the defendant have been married and living as husband and wife under the same roof for the past five years. On the above sate, the victim and the defendant were involved in a verbal argument over infidelity issues in their marriage. During the verbal argument, the defendant intentionally and against the victim’s will, punched and kicked the victim numerous times. The defendant punched the victim with a closed fist leaving bruises on the victim’s left arm, stomach, chest, and left breast (photos are available illustrating the victim’s injuries caused by the defendant.) The defendant also slammed the victim’s head against a wall and attempted to force the victim’s head into the bathroom toilet. The victim attempted to call the police with her phone. However, the defendant grabbed the phone away from the victim preventing her from dialing 911 and reporting the crime. The violence lasted approximately three hours. The victim had an opportunity to flee at which time the victim was in such fear from the defendant that the victim fled to another state, at which time she then reported the incident to the police.

As a result of the physical abuse, the victim sustained multiple head contusions, lower back pain, and left shoulder and rib injuries. The injuries to the victim caused her great bodily harm. The victim attended a hospital and due to her injuries (possible fractured/bruised ribs) walks with a lot of difficulty.

Charges:

1. Felony battery (domestic violence) (784.041) – Maximum Penalty: 5 years in prison
2. Tampering with a victim (domestic violence) (914.22(1)(e)) – Maximum Penalty: 5 years in prison

Process: Mr. Foley was hired by the defendant’s family member. The defendant was in KROME detention and processing center in another county for deportation. During this time, his criminal case was pending. Mr. Foley negotiated with the prosecutor for a time served sentence plus court costs, because the alternative would have been fighting the case at trial. The client requested a negotiated sentence instead of a trial because he wished to be deported immediately. If the case had gone to trial, there would be a chance of a prison sentence here in the state, but then the defendant would have to be deported anyway after prison because of a prior criminal history. Per the client’s request, Mr. Foley negotiated with the state to have the felony battery reduced to a misdemeanor battery, and he filed an order for deportation. Both charges were adjudicated, but the client received time served and was able to go back to his home-country.

Note: Although the probable cause affidavit alludes to the defendant and the victim being married, there are questions to the validity of the marriage.

Results:

1. Reduced to a misdemeanor battery – Adjudicated
2. Tampering with a victim (domestic violence) – Adjudicated

The client received 284 days in a county jail with 284 days time-served, client successfully deported to home-country.

No Prison