Whitley v. State

The defendant's acts of grabbing the victim by her hair, throwing her to the ground and choking her to the point of unconsciousness were not justified and constituted excessive force.

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A Cherokee County jury found Timothy Wayne Whitley guilty of aggravated assault with a deadly weapon and battery. Whitley appeals from the denial of his motion for a new trial, contending that the evidence was insufficient to enable the trier of fact to reject his claim of self-defense and convict him of the charged offenses. We disagree and affirm. On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979. Citation and punctuation omitted. Buice v. State , 281 Ga. App. 595 636 SE2d 676 2006. So viewed, the evidence showed that Whitley and the victim had been involved in an “off and on” romantic relationship spanning several years. On July 22, 2007, Whitley and the victim were living together at a motor lodge in Cherokee County. Both had been drinking alcohol that day, and they got into an argument that escalated into a physical altercation in which they exchanged blows. During the altercation, Whitley struck the victim in her face and mouth with his fist. The victim attempted to leave, but Whitley grabbed her by the hair, jerked her backward, forced her to the ground, got on top of her, and began to choke her while screaming that he wanted her to die. When the victim lost consciousness, Whitley began kicking her and accusing her of faking her condition. Ultimately, the victim was able to escape from the rented room.

Another person staying at the motor lodge called 911 when she saw the victim run from the room holding the back of her head and calling out for help. After learning that someone had called 911, Whitley fled from the motor lodge before the police arrived.

Whitley v. State

The defendant's acts of grabbing the victim by her hair, throwing her to the ground and choking her to the point of unconsciousness were not justified and constituted excessive force.

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