Though a woman preferred not to prosecute her husband for domestic abuse, the state district attorney pursued the case and was able to obtain a guilty verdict, as reported by the Times Record News from Wichita Falls, Texas.
A jury that deliberated less than 20 minutes found R.W, 38, guilty of domestic violence.
The victim, R.W.'s wife C.W., had signed an affidavit of non-prosecution, refused a protective order from the court and had been living with him again one day after his arrest on October 23, 2011.
R.W. will be sentenced by Judge Bob Brotherton following the completion of a pre-sentence investigation.
Prosecutor John Gillespie said, "This case was unusual in the fact that the victim did not want to prosecute and had to be subpoenaed to testify. Due to the severity of the injuries and the violence of the defendant, I made the decision to move forward with the prosecution."
According to Gillespie on the evening of October 23 C.W., having worked two jobs that day, came home with pizza for the couple's dinner. An argument quickly ensued, as R.W. was allegedly not happy with the pizzas she had chosen.
R.W. then grabbed, choked and proceeded to slam C.W. into a wall. While she attempted to defend herself during the attack, R.W. pulled out a knife – one that he was known to always carry – and cut C.W. on her right forearm and left upper arm.
During C.W.'s testimony she showed both of the cuts to the jury – the scar on her right arm was two inches long, the one on her left was four inches.
R.W.'s defense attorney Mark Barber argued that C.W. was unaware of how she was cut during the incident – as the two were wrestling and it could have happened anytime during the scuffle.
Barber also suggested that it was his client that was defending himself, as it was C.W. that was inflicting the blows.
Barber discredited a male witness for the prosecution, who had testified that he was cut in an incident with R.W. in August of 2011. That witness claimed that the knife cuts inflicted by R.W. – on his face, biceps and chest – caused him to require surgery to correct.
Gillespie stated that C.W. worked two jobs to support her family and R.W. doesn't want to work or provide for his family.
Gillespie said, "It's all about (J.W.), and he doesn't have to do anything. She did not deserve what this man did to her."
Due to the fact that C.W. didn't want to prosecute the case, Gillespie said that it was the prosecution and the jury alone that had the duty of punishing R.W. for his actions.
In his closing remarks Gillespie said, "We want victims of domestic violence to know they can get help. There are services in our community, such as First Step, who can help. The District Attorney's Office also will assist victims in obtaining protective orders. No woman and no children need to stay in an abusive environment."
If you are have been the victim of domestic violence, protect yourself against future pain by contacting a family law attorney for help.