Trial is over, so I can now talk about the case. Here’s what
happened. The charge was assault due to family violence, which is a felony
punishable by probation, as a minimum sentence, maximum sentence 10 years in
prison. A mother (in her late 40's) took her 18-year-old daughter’s cell phone
and car keys away after a verbal fight. The daughter was getting ready to go to
work so she was trying to get her phone and keys back from the mother. There
was a heated verbal fight, which ended in a physical fight. The daughter went
into the mother’s bedroom where her mother was, tried to get her phone and
keys, started hitting the mother on the back with her closed fists. The mother,
who is much taller and weighs a lot more than the daughter, threw the daughter
on the bed, put both hands around her throat, and nearly strangled her to death
while saying, “I could kill you.” Something stopped the mother from killing the
daughter (the voices in her head told her to stop and go eat a snicker’s bar?
We’ll never know), the daughter escaped and went to a neighbor’s house, called
911 and waited for the police to arrive. Two different police officers
responded and the daughter was interviewed and her injuries were photographed,
but she refused medical treatment and did not want to press charges against the
mother. The mother refused to be photographed and did not want to press charges
against the daughter. One of the officers determined that the mother was out of
control, there had been other cases of family violence in the past (911 had
been called several times before), and due to the severity of the daughter’s
injuries, he decided to arrest the mother for assault, so it was The State of
Texas versus the mother.
Now the case has gone to trial (one year later) and enter 12
jurors who get to hear the entire ugly story (previous abuse, mom worked out of
the country for a few years while the daughter was growing into an adult, mom
and dad bickering for years, daughter put in the middle), we listened to
neighbors talk smack about the daughter, the daughter and mother both told their
sides of what happened, of course their stories didn’t quite match. Both mother
and daughter admitted there was a physical fight over the cell phone and keys.
The mother did not admit to strangling the daughter. She stated the daughter’s
injuries happened during the fight but not from strangulation.
The evidence we saw and heard: photographs of the daughter’s
neck (visible hand prints, welts on both sides her neck and deep scratches with
blood drawn), testimony from both sides, an audio recording of the 911 call,
neighbors testified about past history. We had to decide if there was enough
evidence to convict the mother of assault. The jurors were made up of 12
people, men and women, different races, different backgrounds, of all different
ages. The final outcome was 10 guilty verdicts, 2 not guilty verdicts. Because
we couldn’t all agree, the judge called a mistrial and he stated they will
start all over again. There will be a new set of jurors and the mother will be
tried all over again until she’s found either guilty or not guilty.
For those who are wondering, the two people who decided the
mother was not guilty of assault were both Indian men (from India, not Native
American) in their 50's. They both stated they thought it was a family fight
that got out of control and the mother shouldn’t go to prison for a mistake. In
my opinion, this is a cultural difference. I’m not condemning these two men,
their beliefs are their beliefs. I just don’t agree. Here’s my struggle and
concern: the daughter and mother are still living in the same house because the
daughter is going to college full time and working full time at a minimum wage
job, so she cannot afford to move out. Will another fight occur in the future
and will the mother finally finish the job of ending her daughter when/if she
loses control again? I’ve lost sleep over this. The end.