By Isabel Garbarino
MODESTO, CA – An alleged victim who was the target of a felony battery on a spouse testified Thursday at a preliminary hearing in Stanislaus County Superior Court before Judge Linda McFadden, telling a story of being attacked by a baseball bat-wielding partner, who also pistol-whipped her.
The victim and suspect James Brown lived together in a trailer at the time of the argument, the victim said, explaining the evening animus went downhill after he wrongfully accused her of cheating.
She told the court he hit her in the head and the legs with a baseball bat and she believed “if I leave he’ll shoot me in my back.”
Brown, said the victim, also attempted to Tase her in the legs but she said she had a blanket on which stopped her from being injured. The Taser was given to the victim by a friend for protection because she had “been kidnapped” a few times in the past.
The victim also claimed that Brown shot a gun off next to her head. She was not aware of where the bullet went or if it made a hole anywhere, but the shot was very close to the side of her ear. The ringing of the gun going off caused the victim temporary hearing loss, she testified, and she still has problems hearing out of that ear.
Not only did Brown shoot the gun, but he also hit the side of the victim’s head with the base of the gun. Brown allegedly also kicked the victim in the head and neck area which left the victim seriously injured, with significant bruising all over her face from the gun, baseball bat, and the defendant’s foot.
She stated on the stand that she was scared for her life and she is now “homeless” and “a nobody” because of the situation.
Things took a turn during cross-examination. The victim’s original story was told by the defense attorney, who said the victim previously said that she lied about the whole story because she was “mad at James.”
The victim, said the defense, also allegedly was punched, but not by Brown—a friend of his allegedly did it. The victim denied all of this and stated that she never remembered saying anything like that.
Toward the end of the questioning, the victim appeared to be mocking Brown and defense attorney. She was making faces at them and looked as if she was making fun of the things they were saying.
James Brown was charged with felony battery on a spouse by the judge and set to stand trial.