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State v. Henry9/29/2004
Factual Background
The victim, Tammy Henry, is the defendant's wife. The defendant and the victim had been married for about six years when the incident giving rise to these convictions occurred. At trial, the victim testified as to the events that led up to the defendant's arrest. She stated that the relationship between the victim and the defendant had always been bad. She stated that they had many arguments and were having an argument on April 12, 2002 when the incident in question occurred.
The defendant and the victim had been separated for some time. According to Mrs. Henry, the defendant called her repeatedly, threatening her and trying to get her to come back to him. On April 12, 2002, the defendant continued his phone calls and threatened both the victim and her mother. The defendant was calling the victim on both her cell phone and the phone at her mother's house, where the victim was living at the time. Finally, the victim then agreed to meet the defendant. The defendant informed the victim of his location so she could meet him.
The victim met the defendant at the Dogwood Terrace Apartments in Kingsport. The defendant was standing in front of one of the apartments. The victim's seventeen-year-old son dropped her off to meet the defendant. When she got to the apartment, the defendant had an ax handle, and they began to argue about the defendant's harassment of her. The defendant asked the victim to stay and smoke marijuana with him and then take some pills. She refused the defendant's offer and told him that she did not want to be with him anymore. At this point, the defendant became abusive. The defendant began waving the ax handle at the victim. The defendant never hit the victim with the ax handle. He did, however, knock her down with his hands. Because of this fall, the victim broke her ankle.
The defendant ripped the victim's pocketbook off of her shoulder and jumped the fence behind the apartment building. The defendant also ripped a necklace from around the victim's neck. After he jumped over the fence, the defendant ran up into the woods. The police came and began to look for the defendant. The police finally found the defendant. They also found the victim's purse floating in the creek. The police returned the purse to the victim. The police also found the victim's necklace in the defendant's mouth. This was also returned to her.
The victim did not seek medical treatment that night. She did go the next day and eventually was diagnosed with a broken ankle. As a result, the victim wore a hard cast for five weeks and an air cast afterward.
On cross-examination, the victim admitted that she has a substance abuse problem. Although she denied drinking before the incident, she stated that at the time of the incident she was taking Xanax, and smoking marijuana, as well as taking lithium and blood pressure medication. The victim testified that she had taken these drugs within the twenty-four hours before going to see the defendant. She admitted that sometimes these drugs interfered with her memory and her ability to be rational. She stated that even though her marriage to the defendant had been a troubled one, she had not gotten a divorce. The victim stated she had not gotten a divorce because she has been working on paying for a divorce. She also admitted that her ankle had been bothering her before the night in question due an altercation with the defendant that occurred a few weeks before this night. However, her ankle hurt much worse after the incident at the center of this case.
At the time of the trial, the victim was in jail for third offense DUI. Both the victim and the defendant worked undercover f
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