Convicted by a jury,1 inter alia, of attempted murder of his wife, Tamara Thurman, three counts of felony cruelty to three children, and one count of misdemeanor cruelty to a fourth child, Russell Dean Rollf appeals from the trial court’s denial of his motion for new trial, contending that he was denied due process and subjected to cruel and unusual punishment because the state did not charge him with aggravated assault with intent to murder and misdemeanor child cruelty, instead of attempted murder and felony cruelty to children. 1. Viewed in favor of the jury’s verdict, the evidence was that, in June 2008, Thurman and Rollf were attempting to reconcile after a period of separation. Thurman and her four children, S. R., eight years old, B. T., six years old, D. R., three years old, and H. T., one year old,2 were taken to the Savannah Motor Lodge by Thurman’s mother, Linda Enfinger, on June 23, 2008, around 11:30 p.m., to be with Rollf.
Both Rollf and Thurman were drinking during the evening. Around 5:00 a.m., they began arguing and, because Rollf was making threats toward her, Thurman said she wanted to go back to her mother’s house. After Thurman attempted to use the outside pay phone, which was not working, she returned to the room to try to use Rollf’s cell phone, and he punched her in the nose. Thurman obtained Rollf’s cell phone and called Enfinger at 5:40 a.m. to come get her and the children. Thurman then went into the bathroom to examine her nose. Rollf walked up behind her, grabbed her by her hair, and dragged her back into the motel room. According to S. R., Rollf grabbed a butcher knife and “he put her Thurman on the floor and cut her.” Thurman felt something “real sharp and hot” go across her neck and began bleeding profusely. As she struggled to get up, Rollf came at her again with the knife and sliced her left hand between her thumb and index finger so severely that her thumb was dangling from her hand. Thurman went to the bathroom and got a towel to wrap around her neck, got down on her knees, and begged Rollf to call 911. Because Rollf did not initially respond, Thurman told him she would take the blame if he would just get some help. According to S. R., all of the children were screaming and hollering. Rollf did call 911 and Corporal Darlene Jones of the Savannah-Chatham Metropolitan Police responded. She found Rollf and Thurman sitting on the floor with a towel wrapped around Thurman’s neck and blood everywhere. When she asked what had happened, Rollf responded that Thurman had cut herself, at which point Thurman said he did it to her. Jones also described all of the children as upset and crying. Jones could actually see Thurman’s pulse through the large cut on her neck.
