Anderson, Mellen win felony DV trial
Attorneys Neil Anderson and Daniel Mellen were successful this week in getting a client acquitted of felony domestic violence charges in Clark County Superior Court.
Their client was found not guilty on June 14 of second-degree assault, a class B felony, and harassment, a class C felony. If convicted he faced a minimum of one year in prison.
The jury did find him guilty of fourth-degree assault domestic violence, a misdemeanor charge the defense attorneys convinced the judge should be given as an option for jurors to consider. The client will be sentenced next month. With credit for the time he spent in the Clark County Jail after his arrest, it’s unlikely he will receive additional jail time.
The client, 24, was accused of choking his girlfriend and threatening to kill her in 2019, when he was 21. His girlfriend, who was 19 at the time, told Vancouver police officers that she and her boyfriend were arguing and he was trying to provoke her by tapping her on the forehead and calling her names. She said she took a swing at him, and he grabbed her wrist and told her to stop. She said they did stop arguing and she left the room, but when she returned he grabbed her, threw her on the bed, straddled her and put his hands around her neck and started to squeeze. She said while he was squeezing her neck he threatened to kill her. She said two roommates came in and separated the couple.
When the client’s ex-girlfriend testified this week, however, she did not mention the threat, which had been the basis for the felony harassment charge. After she finished testifying Anderson asked the judge, outside the presence of the jury, for a directed verdict on the harassment charge since the state failed to introduce any evidence. The judge granted Anderson’s request.