Judge Sets Trial for Defendant Charged with Pushing Wife Out of Car, Beating Her and Breaking into Home

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By Anais Cortes

SACRAMENTO – Tommie Kindall—accused of pushing his wife out of a car and beating her in her home—was in Sacramento County Superior Court Tuesday for his preliminary hearing to determine if the charges of felony spousal abuse would proceed to trial.

After a few witnesses, the court said the case would be going to trial.

Officer Frederick Osmond said he responded to the 911 call the night of one of the alleged incidents, and recalled the victim being “emotional and distraught,” after claiming that she was attacked by the defendant, her husband Tommie Kindall.

As Deputy District Attorney Teal Ericson questioned Osmond, the events of the night were slowly pieced together.

Osmond said the victim reported being in the shower when she heard banging on her front door. No one responded when she asked who was there, and when she opened the door, she was surprised to see her husband trying to push his way in. After forcing his way in, Kindall began searching for someone in the apartment; he suspected his wife was cheating on him.

According to Officer Osmond, the incident escalated quickly.

The defendant reportedly “punched her on the left side of her face one time with a closed fist.” After that assault, the victim stated that she blacked out and lost consciousness. The victim was unsure how long she was unconscious, but when she awoke the defendant was on top of her, straddling her.

Kindall went on to allegedly threaten to stab the victim’s grandson if she did not quickly comply with his demands—pack her things and leave with him.

She began crawling to the bathroom to get ready, and while she was dressing, Officer Osmond explained that the defendant “came in, told her she was going too slow, then punched her again in the back of the head.”

Once they moved into the kitchen, the victim alleged that he pulled out a “sharpened screwdriver” and told her, “I’m going to f*** you up.”

Kindall then demanded she walk out of the apartment before him. This gave her an opportunity to escape, as she noticed that her neighbor’s door was open. After she ran to the door and safely made it in, Kindall fled.

Assistant Public Defender Brooks Parfitt asked Officer Osmond if he asked the victim how long the defendant’s search took. “No,” replied Osmond, “Since it was a very small studio apartment with one small bathroom, I imagine it didn’t take very long.”

“Could she have escaped while he was searching?” inquired Parfitt. “Yes, if she was quick,” replied Osmond.

“Did you actually see an injury to the back of her head?” continued Parfitt. “No,” replied Osmond.

Deputy Yianni Athens was the next witness to testify. DDA Ericson began her questioning by asking about another incident that occurred between the victim and the defendant.

The victim had been pushed out of a vehicle driven by the defendant and was lying in the roadway at an intersection when Athens arrived at the scene. The victim was sent to the hospital, and was later questioned by Athens.

The incident occurred when the victim was waiting at a light rail station. Kindall allegedly approached her at the station, and at first could not convince the victim to speak with him. After some time, she changed her mind and got into his vehicle. Although she did not want to go anywhere with him, he began driving once she closed the door.

According to Deputy Athens, the defendant struck the victim and told her no when she asked him to let her out of his vehicle. Athens solemnly stated, “She feared for her safety and feared for her life.”

Ericson followed up with, “Was she scared because in the past he had stated he would kill her?”

“Yes,” responded Athens.

Athens went on to describe the details of the incident further, recalling that the victim was unfamiliar with the landscape, scared for her life, and tried repeatedly to get out at stop signs.

At one point, Kindall turned the vehicle abruptly while the victim’s hand was on the door handle, causing it to swing open. She was able to keep herself inside the moving vehicle, but was then pushed out of the car by the defendant. She told Officer Athens that as she lay there in opposing traffic, the defendant threw a glass bottle at her.

Officer Athens recalled seeing road burns on her arms and elbows, and a bump on her forehead where the defendant had hit her.

Next, PD Parfitt briefly cross-examined Deputy Athens. He began by inquiring into details of the incident that the prosecution had left out. He asked, “Did the victim also explain to you that his car was in oncoming traffic?”

“Yes sir,” responded Athens.

“Did she describe how he threw this glass bottle at her?…Did he just stop his vehicle in the middle of oncoming traffic and get out and chuck a bottle at her?” asked the defense.

“No sir, she just explained that he threw one at her,” replied Athens. There were no witnesses.

Judge Kevin McCormick said there was enough evidence to bind the defendant over for trial.

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About The Author

The Vanguard Court Watch operates in Yolo, Sacramento and Sacramento Counties with a mission to monitor and report on court cases. Anyone interested in interning at the Courthouse or volunteering to monitor cases should contact the Vanguard at info(at)davisvanguard(dot)org - please email info(at)davisvanguard(dot)org if you find inaccuracies in this report.

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