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Spencer wins acquittal in DV assault

Attorney Marina Spencer won a trial this week for a client accused of domestic violence assault.

A jury deliberated approximately 25 minutes before delivering the not-guilty verdict Nov. 6 in Clark County District Court.

Assault in the fourth degree, a gross misdemeanor, is punishable by up to one year in jail.

In May, the alleged victim called 911 and said she’d been assaulted by her boyfriend. She told responding deputies from the Clark County Sheriff’s Office that she and our client got into an argument over a marijuana grinder.

She said he refused her request for his grinder and when she went to get it from him, he put her in a headlock. She said she bit him so he would let go of her, and said after he let go he threw her to the ground.

Our client told (the appropriately named) Deputy Weed they had been arguing over a marijuana grinder but said he didn’t put her in a headlock. Weed noted in his report that our client had visible bite marks on his body. A photograph showed a large red bite mark on the back of his arm.

The alleged victim didn’t have any marks on her neck, according to deputies’ reports.

When the alleged victim took the witness stand at trial, she told an even more dramatic story for the jury. She said our client tried to strangle her and she hadn’t been able to breathe. She said she “saw stars” and almost passed out.

Our client testified that they got into an argument over the grinder, and a small mark on the alleged victim’s face was from where the grinder hit her when they were fighting over it. He said the alleged victim pushed him, grabbed him by his T-shirt and bit his arm.

During closing arguments, Spencer told jurors that they heard two different stories about the same incident and her client’s version was the only one consistent with the injuries that were documented by deputies.  

Tags: criminal law, not guilty, assault, domestic violence, Clark County

Jeffrey D. Barrar, P.S.: Vancouver Defenders Jeffrey D. Barrar, P.S.
Vancouver Defenders