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State v. Mitchell12/5/2003
Fifty-one-year-old Brenda Mitchell and forty-year-old Robert Woollard had been living together for more than nine years prior to August 30, 2001. During the evening of August 29, 2001, the two had an argument. After Ms. Mitchell went to bed, Mr. Woollard stayed up most of the night drinking Vodka. The next morning, Ms. Mitchell planned to go to a veterinary clinic where she had previously taken her dog. According to Ms. Mitchell, Mr. Woollard became upset and agitated after he learned of her morning plans. As Mr. Woollard's temperament accelerated, Ms. Mitchell became fearful for her safety given the fact that he had consumed Vodka throughout the entire night.
Ms. Mitchell testified that although she tried to avoid Mr. Woollard that morning, he grabbed her, threw her onto the couch, and began choking her. It was at this point that Ms. Mitchell determined she was finally going to leave Mr. Woollard. Soon afterward, she noticed that Mr. Woollard had appeared to be passed out on the couch. She proceeded to gather her crutches and four or five small grocery bags packed with clothing and supplies necessary for the attachment and removal of her prosthetic leg. *fn1 As Ms. Mitchell proceeded outside, she discovered that the air had been let out of the front tires of her vehicle making it impossible for her to leave the residence. Ms. Mitchell then went back inside and called a taxi before going back outside to wait for it to arrive.
Ms. Mitchell later testified that Mr. Woollard came outside, seized her crutches, and said, "[y]ou're not taking these f---ing crutches nowhere. If you want to get around, you can crawl. You're not taking these." Mr. Woollard then took her crutches and her grocery bags and walked toward the residence. Ms. Mitchell claims that it was at this point when she actually told Mr. Woollard that she was leaving him to which he replied "I'll shoot you first" as he entered the home.
As Mr. Woollard came out of the residence again, Ms. Mitchell testified that she feared for her safety and reached into her purse, removed a pistol, and "shot towards his legs to put him down" in order to escape. Mr. Woollard was shot once in the thigh and once in the buttocks. Ms. Mitchell admitted that she intended to shoot Mr. Woollard, but denied trying to kill him. She claims that she "didn't have a choice" as it would have been difficult getting away from him without her crutches.
At trial, Ms Mitchell claimed she acted in self-defense. Ms. Mitchell testified that when she initially began her relationship with Mr. Woollard it was non-abusive, but that it was not long before she became aware of his alcohol and history of abusing other women. She testified that in fact it was Mr. Woollard and his mother who told her of many of his violent acts toward other women. *fn2 She further conveyed that Mr. Woollard had threatened to kill her and committed various acts of violence upon her throughout their relationship. *fn3 She described herself as being physically and emotionally trapped as personified by her avowal that Mr. Woollard told her "[t]here's nowhere you can go. You can't hide. You can't get away from me."
As sometimes happens in such trials, Mr. Woollard denied and contradicted much of Ms. Mitchell's testimony. He said he had a high tolerance for alcohol and maintained that he was not intoxicated on the day he was shot despite his night of drinking Vodka and the fact that after he was shot, his blood alcohol content measured .321. Mr. Woollard further denied having an abusive relationship with Ms. Mitchell or with any woman. He admitted that he struck Ms. Mitchell only once during their entire relationship and that was "out of reflex" after she had kicked him. He denied ever
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