Woman acquitted of assault on grounds of self-defense

A 23-year-old woman was acquitted of a single count of malicious assault on Monday, January 30, 2017, in Moundsville's Marshall County Circuit Court. The woman's attorney argued she was defending herself when she hit the woman with a baseball bat during an altercation on August 11, 2016.

Leading up the incident in question, the ex-wife of the defendant's boyfriend learned from her 11-year old son that someone sent nude photos to his phone. The pictures were of his own mother, the alleged victim in this case.

Based on the assumption that her ex-husband's girlfriend was responsible for sending the pictures to her son, the woman texted her former spouse. After receiving no response, at 3:00 a.m. the woman drove to the house occupied by the the ex-husband, his girlfriend, and a male roommate.

At trial, the victim recounted that she knocked on the door of the house to make contact with her ex-husband. However, it was the defendant who answered, brandishing a baseball bat. She then hit the woman on her head.

In a separate case, the male roommate was A 23-year-old woman was aquitted of a single count of malicious assault on Monday, January 30, 2017 in Wheeling, West Virginia courtroom by a jury a jury of her peers. During the trial, the woman's attorney had argued she acted in self-defense when she hit another woman with a baseball bat during a heated argument on August 11, 2016. During the incident that led to charges being filed against the women, the ex-wife of the woman's boyfriend received notification on August 10, 2016 at 10:00 p.m. from her 11-year old son notifying her that he had received some nude photographs on his phone. The pictures happened to be of his own mother, the alleged victim in this case. Based on the assumption that her ex-husband's girlfriend was responsible for the photographs to her son, the victim texted her former spouse about it. After presumably receiving no response, the woman proceeded to the house occupied the the ex-husband, his girlfriend, and a male roomate at 3:00 a.m. The victim in this case stated that her knocks on the door of the house in an attempt to make contact with husband went answered. She argues when someone finally did show up at the door, it was the defendant. She reportedly brandished a baseball bat before using it to strike the woman in the head. In a separate case, the male roomate was charged with battery of the ex-wife as it was alleged that he had not only beat her up, but dragged her off the property as well. The victim in this case also admitted to using the bat herself at some point in self-defense where she striked the ankles of the 8-months-pregnant defendant. In trying the case, the Marshall county prosecutor in the case argued that the defedant could have asked her boyfriend or called police if she felt her life was in danger instead of deciding to use the baseball bat. Her defense attorneys argued that she used castle doctrine in defending herself from a potential intruder she feared would enter her home. The defense attorney cited the ex-wife as being obsessed with her former spouse she had divorced back in 2012. To corroborate this story, the ex-husband was called to testify for the defense in which he recounted numerous heated arguments between the two women. The jury deliberated just 35 minutes before returning with their not-guilty verdict." target="_blank" >charged with battery of the ex-wife as it was alleged that he had not only beat her up, but dragged her off the property as well. The victim in this case also admitted to using the bat herself at some point in self-defense in striking the ankles of the 8-months-pregnant defendant.

At trial, the Marshall County prosecutor argued that the defendant could have asked her boyfriend or called police if she felt her life was in danger instead of using the baseball bat. Her defense attorneys claimed "castle doctrine" in defending herself from a potential intruder she feared would enter her home.

The defense attorney cited the ex-wife as being obsessed with her former spouse. To corroborate this story, the ex-husband was called to testify for the defense. He recounted numerous heated arguments between the two women.

The jury deliberated just 35 minutes before returning their not-guilty verdict.

If you have been charged with a felony like assault, battery, or some other crime, the advice of a Wheeling criminal law attorney can help you understand your rights.

Source: The Intelligencer, "Wheeling Woman Acquitted in Marshall County Baseball Bat Attack," Drew Parker, Jan. 31, 2017

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