Facts: Our client was arrested for battery by strangulation when his girlfriend at the time called the police claiming that he grabbed her by the throat and shoved her against the wall while she attempted to pack her belongings to move out of the home. Her friend was also waiting in the driveway and claimed to hear the argument and a “thud” before the alleged victim fled the home crying. Our client’s brother was in the home, but did not see the alleged altercation.
Results: We took depositions from both the alleged victim and the friend. We also reviewed court audio from a hearing on the matter in a separate case and compared the stories. Additionally, we spoke with our client’s brother and reviewed all of the available discovery, including 911 calls and body camera footage. Based on the evidence we saw and our client’s wishes we took the case to trial. We were able to poke holes in the state’s case and create doubt as to the witnesses’ credibility. The jury ultimately agreed with us and found our client not guilty of all charges.