Lack of evidence results in judge’s dismissal of domestic violence charge 4/11/2014

Published 12:00 am Friday, April 11, 2014

Lack of evidence results in judge’s dismissal of domestic violence charge


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By Emily D. Williams

Due to lack of probable cause and evidence, Judge Bill McKenzie dismissed a domestic violence-simple assault charge during Batesville Municipal Court Wednesday.

Steven Toliver, #200 Skyline, Batesville, had faced the charge in connection with injuries sustained by a woman identified as his girlfriend who was treated in the emergency room at Tri-Lakes Medical Center.

Officer Bill Furniss testified that on March 25 he was called to the Tri-Lakes emergency room where personnel suspected a patient’s injury was due to domestic violence.

The officer said Michelle Taylor told him her boyfriend, Steven Toliver, was the one who caused her injuries. 

“She had lacerations on her head. She said her boyfriend pushed her into the fridge,” the officer testified.

The judge held up photos of Taylor with bruises, blood and lacerations on her head along with bruises on her arm.

Officer Furniss also told the judge Taylor had been in the ER the previous week for injuries to her ribs.

“I took her statement,” the officer said.

Taylor’s two children were in court. The officer said the 13-year-old child was in the emergency room with her but he did not know how they got there. 

“She (the mother) was very intoxicated,” he testified.

“She was hesitant to tell me anything,” Furniss said.

Toliver abruptly interrupted when the officer made that statement.

Judge McKenzie warned Toliver to not to interrupt again.

“I went to Skyline and arrested Toliver,” Furniss testified.

He said both parties were intoxicated.

Toliver testified, “She tripped over a mattress and hit the corner of the fridge.” 

Toliver said the prior incident also was caused when Taylor tripped over a mattress, causing injury to her ribs.

Taylor testified she tripped over a mattress.

Her young son testified, “She tripped over a mattress.”

“No one told you what to say?” the judge asked her son.

“No,” he replied.

The judge ruled there was not enough evidence to find the defendant guilty.

Both Toliver and Taylor had old fines the judge found before they left the courtroom.

He told them to have the fines paid in full or serve time in jail.

Referred to grand jury

Lacey M. Robinson, 214 Tubbs Rd., Batesville, bonded out prior to court and was bound over to the Panola County Circuit Court for possession of controlled substance with intent to distribute. 

Porcha Todd, 694 Dougherty, Coldwater, was referred to the grand jury for prescription forgery and false information. 

Ariana Taylor, 619 Todd Rd., Coldwater, was referred to the grand jury for prescription forgery.

Other cases

Joel M. Covington, 185 Mt. Olivet Rd., Batesville, had a case for grand larceny continued for a week.

Michael Rudd, 1250 Shiloh Rd., Courtland, had a DUI-first refusal case continued.

Lyndon Mosley Jr., 331 Greg Taylor, Courtland, paid his fines of $313 in full prior to court for simple assault against Jacqueline Vilelle prior to court.

Marshall Tutor, 208 Miller St., Batesville, paid his fines of $210 in full prior to court for public drunk.

Portia Henderson, 126 Patterson, Batesville, and Latesha Smith, 21 Lamar Thomas Rd., Batesville, both entered not guilty pleas to simple assault against Lashunda McMiller on March 29. 

Their trial was set for next Wednesday.

Lawrence Smith, 68 Hardy Rd., Courtland, entered a guilty plea to disorderly conduct, a charge filed after witnesses said Smith was  fighting at Huddle House with another customer. He was fined $313.

David N. Morgan, 312 PR 1104, Oxford, retained attorney Helen Kelley to defend him on charges of DUI-first and careless driving. A trial was set for June 18.

 Lisa M. Nolan Hollinger, 201 Deaton St., Batesville, entered a guilty plea to two counts of simple possession of controlled substance and two counts of shoplifting. 

She was fined $3,116.

Tyrone Ellis, 109 Everette St., Batesville, entered a not guilty plea to false identifying information. He is accused of giving the police a fake name on March 29. A trial was set for next Wednesday. 

Ellis also had old fines of $1,186 that have been due since December 2013.

“I couldn’t come up with the money,” he told the judge.

“Well, do you want to pick up paper and work on the city work program?” the judge asked.

Ellis told the judge he had heart problems and received disability. 

Ellis was told to have his fines paid in full before his court date or he would serve time in jail.

Xavier Hines, 445 Sanders Rd., Sardis, was sentenced to six months in jail after failing to pay his old fines of $2,900 that have been due since April 2013.

“You can be released when your fines are paid in full,” said McKenzie.

Tickets

Joshua D. Forehand, 111 Charles Lane, Sardis, was fined $1,197 for driving while license suspended, speeding and careless driving.

Alexanoria Durham, 940 Pine Lake Dr., Batesville, was fined $511 for no driver’s license and no proof of insurance. 

Jabrea J. Joiner, 425 Woodland, Batesville, had a no proof of insurance charge dismissed after showing she had proof when the ticket was issued.

Keunte D. Turner, 6462 A Barnacre Rd., Sardis, was fined $785 for no proof of insurance, leaving the scene of an accident and driving while license suspended.

Edward D. Henderson, 1149-B McKinney Rd., Sardis, was fined $106 for expired tag.