Following a pre-trial evidentiary hearing, the trial court found that Alain Yapo was immune from prosecution under OCGA § 16-3-24.2 for two battery charges brought by the State, which immunity was based on a court finding that Yapo was acting in self-defense. The State appeals. Because we hold that evidence supported the finding of the trial court, we affirm. Construed in favor of the trial court’s ruling, the evidence shows that Yapo and his girlfriend disagreed over which of them should be driving Yapo’s car after a stop at a gas station. The girlfriend finally gave the keys to Yapo, but as Yapo drove onto the interstate, the girlfriend refused to close the back door where she was sitting, causing Yapo to pull off to the side of the freeway. She exited the vehicle, picking up a large bolt from the side of the road and throwing it at the windshield, shattering the glass. She then got back into the car behind the driver’s seat where Yapo was sitting and kicked the back of the seat so hard that it propelled the seat and Yapo forward into the steering wheel and broke the seat. To restrain the girlfriend from further violence, Yapo grabbed her with his arms in a “bear hug.” Someone called police, resulting in an officer arriving at the scene and arresting Yapo.
The State indicted Yapo on three counts: family violence battery1 for allegedly choking the girlfriend, simple battery2 again for allegedly choking the girlfriend, and disorderly conduct3 for allegedly acting in a tumultuous manner toward the girlfriend, which placed her in fear for her life. Yapo moved to dismiss the two battery counts, claiming that because he was acting in self-defense, he was immune from criminal prosecution on these counts. The court conducted an evidentiary hearing on this motion, during which the girlfriend testified to the above facts. Claiming that the girlfriend had told police she had been choked, the State chose only to cross-examine the girlfriend, who denied telling police such; the State called no witnesses and introduced no evidence in support of its theory. The court found the girlfriend’s testimony credible and ruled that Yapo was immune from prosecution on the battery counts and could only be prosecuted on the disorderly charge. The State appeals.
