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Cash v. State

Any error in excluding the victim's written prior inconsistent statement was harmless, since defense counsel thoroughly cross-examined the victim about inconsistencies between the written statement and her trial testimony.

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A jury found William Frank Cash, Jr. guilty of aggravated battery. Cash’s sole enumeration of error is that the trial court erred by not allowing him to introduce into evidence the victim’s prior inconsistent statement. Finding no reversible error, we affirm. Construed in favor of the jury’s verdict,1 the evidence shows that Cash was the victim’s husband. Cash had a history of becoming physically violent with the victim when they argued. On one occasion, he punched the victim in the eye, and on another occasion, he pushed her through a window, requiring her to get eight stitches in her lower arm.

On the evening of August 12, 2006, Cash wanted the victim to drive him and their six-month-old child to his mother’s house for a visit. The victim dropped them off there, and when she returned later that night, Cash wanted to go out with two of his friends. As Cash got into the driver’s seat of the car, he complained that the victim had stayed away too long, and he refused to take the victim or their child back to their home before going out with his friends. After deciding that she would try to get into the passenger seat, the victim walked in front of the car. As she did so, Cash hit the gas pedal, throwing the victim onto the hood. Cash proceeded to drive through the neighborhood with the victim on the hood of the car as she repeatedly asked him to stop and beat on the windshield. In response to her protestations, Cash sped up. Approaching a major road, Cash looked directly at the victim and said, “Oh, you want me to stop,” after which he slammed on the brakes. The victim slid down the hood, and her legs went underneath the car. Both of her legs and one of her feet were broken as a result. She remained in a wheelchair for four months after the incident.

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