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State v. Stitts

1/10/2003



This case arises out of the October 1, 2000 assault on LaShonda Hudson. The defendant was indicted for aggravated burglary, aggravated assault while enjoined by an order of protection, aggravated assault with a deadly weapon, and destruction of a utility line. At trial, the victim testified that she had dated the defendant in January and February 2000. She said that in June 2000, she obtained an order of protection against the defendant. The order required the defendant to stay away from the victim; to refrain from contacting her in any location, including her home; and not to use or threaten physical force against her. The order, which was entered on June 21, 2000, expired on June 21, 2001. The victim said that in October 2000, she lived at 319 North Lindsey Street with her two daughters and Timothy Williams.


The victim testified that around 1:00 a.m. on October 1, 2000, she was awakened by the sound of a window breaking. She said that Mr. Williams was not there that night. She said that she went to her kitchen and saw that the window beside the kitchen door was broken and that a board, which had previously covered the bottom of the window, had been pushed away from it. She said that she did not see anyone and that she went to her daughters' room. She said that one of her daughters was awake and that they crawled into the living room to the telephone. She said that although she had used the telephone earlier that night, she could not call 9-1-1 because the telephone line was dead. She said that she heard a noise in her daughter's room and returned to find that the defendant had pushed a board in the window beside the air conditioning unit into the room. She said that he had stuck his head inside through the opening and that a street light allowed her to see his face. She said that she asked the defendant why he was doing this but that he did not reply. She said that she told her daughters to stay there and that she was going next door to use the telephone.


The victim testified that she went to her door and looked outside. She said she saw the defendant stick his head into her daughters' room. She said that she ran toward her neighbor's house and that the defendant hit her on the top of her head from behind with a pipe while she was in her neighbor's yard. She said that she reached her neighbor's porch but that the defendant pulled her down by her hair, caused her to bruise her leg on the concrete, and hit her again with the pipe. She said the defendant dragged her, scraping her knee and leg. She said he hit her arm causing a gaping wound that healed into a two-inch long scar. She said he hit her three to four times in all and said nothing during the attack. She said that her neighbor came outside and that the defendant ran away. She said she was taken to the hospital in an ambulance and remained there until 7:00 a.m. She said that after she returned home, she checked the junction box where her telephone line enters her house and found that the line had been cut.


The victim testified that before the attack, she had last seen the defendant earlier that night at her sister's house. She said that her sister had allowed him to come inside and that he had brought the victim some cigarettes. She said that although she did not ask the defendant for anything, he kept buying her things and would not leave her alone. On cross-examination, she acknowledged that the defendant had knocked on her door earlier that night. She said that Mr. Williams was not there and that Deon Pruitt was at her house using the telephone. She said that she pushed the defendant, told him that he could not come inside, and locked the door. She said that the defendant was no longer there when Mr. Pruitt left. S

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