Austin v. State

Evidence that defendant punched the victim, handcuffed her against her will to the bathroom door, then dragged her to a closet, where he continued to hold her against her will, supported his convictions.

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A Houston County jury found Shon Robert Austin guilty of false imprisonment, OCGA § 16-5-41; kidapping, OCGA § 16-5-40; and battery, OCGA § 16-5-23.1. Austin appeals pro se from the order denying his motion for new trial, challenging, among other things, the sufficiency of the evidence, the admission of certain evidence, the conduct of the prosecutor, and the effectiveness of his trial counsel. Finding no error, we affirm. Viewed in the light most favorable to the jury’s verdict,1 the record reveals the following relevant evidence. On July 31, 2005, a police officer arrested Austin on domestic violence charges. Austin had beaten his 18-year-old, mentally disabled, live-in girlfriend, bruising her nose. As a result of the charges, the court issued a “no contact” bond, directing Austin to stay away “absolutely, directly or indirectly, by person and telephone, from the person, home and job of the victim.”

During the late evening of August 29, 2005, Austin spoke on the telephone with the victim’s landlord’s daughter. During the lengthy conversation, the daughter discovered that Austin was still living with the victim despite the no-contact bond. Austin complained to the daughter that he was upset that the victim had been going out on dates and staying out late and that she was not appreciative of the clothes he bought her. But he said he could not leave because “the money was too good.” Austin had been acting as the victim’s “payee,” receiving and cashing her disability income checks. During the conversation, Austin called the victim his “slave,” said he feared losing control of her, and said he was going to “teach her a lesson” by beating her with an extension cord. The daughter, concerned that Austin would physically harm the victim, called 911 and told the police that Austin, who was subject to a “no contact” bond, had threatened to beat the victim with an extension cord.

Austin v. State

Evidence that defendant punched the victim, handcuffed her against her will to the bathroom door, then dragged her to a closet, where he continued to hold her against her will, supported his convictions.

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