A not-guilty verdict was reached in under twenty minutes in an assault family violence case recently tried to a jury in the Nacogdoches County Court at Law, according to John Boundy, criminal defense lawyer.
The defendant, Sedrick Horton was accused of striking a woman, the complaining witness, who is the daughter of his ex-girlfriend, Nitra Mack.
The jury heard from two officers of the Nacogdoches Police Department who had responded to the call. They also heard from the 911 emergency dispatcher, the complaining witness, Ms. Mack and an eye-witness. The testimony showed the complaining witness, a seventeen year old, had stayed out hours after her curfew. Mack called the defendant to help look for the missing teen. After returning home around 3 a.m., an argument between mother and daughter began resulting in the mother slapping the complaining witness in the face. Each witness to the incident agreed the defendant had stepped between the two to stop any further violence. A struggle between the defendant and complaining witness ensued.
The complaining witness had signs of physical contact and told police the defendant had physically restrained her and he was arrested and charged with Class “A” assault, a charge which can lead up to a year in jail and a fine of $4,000.
In closing arguments, Boundy told the jury this was a case of ‘no good deed goes unpunished.’ He summarized the evidence as saying the defendant had been called into a situation and then forced to react when things turned sour.
After closing statements from both the State and Defense, Judge Sinz gave the jurors instructions including the legal doctrine for use of force in defense of another. After re-listening to the 911-dispatch tape, the jury quickly returned the not guilty verdict and Horton was acquitted of all charges.
Billy, have you ever considered that not everyone who is arrested is guilty. The police use their best judgement and charge based on what they see, but there are two sides to the story and that is what is the court system is there for.
Mike, I believe that is the point that Billy is trying to make. The DA should have dropped the charges.
Mike, you are right on point…The police have a very difficult job. Thank god they are willing to sacrifice every night and day for the public to be safe. But your post says it all, there are two sides to every story…
Dude, while I understand your feelings in what you said before and this post, sometimes, prosecutors have to go forward on cases. If they feel justice requires it. For instance, say a victim is adamant that the defendant be prosecuted, etc…
What Mr. Dix’s error is, while he has an opinion about the district attorney, this case was a misdemeanor and was tried in county court so the county attorney’s office was the prosecuting authority. So you see, the district attorney’s office (who handles felony cases) had nothing to do with this case…
Anyone that knows me will tell you, what’s in my mind is what I say. So I don’t stay in many good graces and I’ll never be able to be a politician…
The irony is how “Dix” is one.
Bingo. You’re not as stupid as you look, are you, bounst fan?
Once again our prosecutors of questionable competence take a case to trial for which they had insufficient evidence.
I don’t know your bias Mr. Dix, but there is one. Since I was the defense lawyer and was in the courtroom, I believe I have a better basis to make the following statement: the prosecutor tried a good case based on the available evidence.
Assault cases are notoriously difficult for the state. Having been a prosecutor for many years, I have personal knowledge of that.
Some cases just require that a jury of independent, intelligent people hear the evidence and come to an informed, unbiased decision.
I realize you have to stay in good graces with the DA. Plea bargains, potential future job if the defense gig dries up and all that. But, imho, we’ve probably got the least competent DA in Texas in office in Nacogdoches right now. It seems to have been proven time and time again. No reflection on the ADA’s just the elected DA, IMHO of course.
No, John. You and I both know a lot of felony cases are reduced to misdemeanors and sent to County Court. You know the game and probably play it well. Just based on ‘what I read in the papers’ the prosecutor in this case should have soused the whole thing. But then you could not have charged to ole boy to take his case to trial.
He should sue the police department to recover his legal fees.
another case of police policy on domestic voilence calls arrest the man first and find out what really happend later maybe.