Samuel Howard Goodall was indicted by a Fayette County grand jury for the offenses of kidnapping with bodily injury, aggravated assault with intent to rape, aggravated assault with a deadly weapon, and aggravated sexual battery. A jury found him not guilty of kidnapping and guilty on the remaining charges. Following the denial of his amended motion for new trial,1 he appeals, raising the general grounds and contending that his trial counsel provided ineffective assistance and that the trial court erred in denying his motion for a directed verdict of acquittal on the charge of aggravated assault with intent to rape. We find no merit in these contentions and affirm. The record shows that the charges arose from a violent incident between Goodall and the victim, his former girlfriend, that took place at the victim’s home in July 2000. It is undisputed that they fought and that the victim was badly bruised and cut. Goodall, who was a Union City police officer, testified that the victim had been following him, calling him “left and right,” even though he had broken off their relationship and was dating another woman. Goodall testified that he decided to confront his ex-girlfriend and called her so they could talk. They made arrangements to meet at her house. She invited him in, they talked, and they agreed their relationship was over.
Goodall testified that when he stood up to leave, however, the victim grabbed his hand and walked him to the bedroom, where she pulled down her shorts and attempted to seduce him. When he told her it was “not going to happen,” she grabbed him in the groin. When she would not let go, he slapped her and again told her to release her grip. He hit her on the forehead “more than once,” cutting her with his ring. As he tried to move toward the door she jumped on his back with her arms around his neck, and he “flipped” her to get her off his back. When he did so, she hit the wall hard and fell to the floor. When he again tried to leave, she grabbed his leg. He then realized that a “belly pack” holding his personal pistol had been pulled off and was on the floor under the victim. He held the victim by her neck while he separated her from the gun. He picked up the belly pack and told her to call 911 because it was obvious that help was needed. According to Goodall, the victim kept urging him to leave because he would “get in trouble.” He did leave, and he went home, where he showered, changed clothes, and called a lawyer.
