SECOND CONVICTION FOR FAMILY VIOLENCE NETS MAN 15 YEARS
November 24th, 2009
Justin Joelee Walls, 29, of Palestine, Texas, was found guilty on Thursday, November 12, 2009 of Assault Causing Bodily Injury- Family Violence and was sentenced to 15 years in prison by an Anderson County jury for assaulting Crystal Stover, Walls’ girlfriend last year on September 12, 2008.
Assault Causing Bodily Injury-Family Violence is normally a misdemeanor, but because Mr. Walls had previously been convicted of Assault Family Violence, the offense became a felony. Also, because Mr. Walls had a prior conviction for obstruction and retaliation, also a felony, the potential punishment was increased to a second degree felony. A second degree felony carries potential punishment of a 2 year minimum to a maximum of 20 years.
Testimony showed that on September 12, 2008, Ms. Stover sought to leave her residence in Palestine, Texas because she feared the incoming storms associated with Hurricane Ike would cause damage to the mobile home where she and Mr. Walls lived. Mr. Walls objected to the move and assaulted Ms. Stover.
According to Sheriff’s deputy Lee Duren, who investigated the assault, the victim told him, “When I got up to leave, he pushed me out on the porch, got on top of me and beat me with the back of his hand.” Although Ms. Walls did not report the beating until September 18, 2008, Deputy Duren testified that the “bruises and swelling to Ms. Stover’s face, eyes and forearms were still plainly visible.”
Deputy Duren made contact with Mr. Walls later the same day at his residence in Palestine, Texas. Walls explained that they both had been drinking and Ms. Stover wanted to go to her mother’s house. Mr. Walls thought this was a bad idea so they argued, but denied to deputy Duren ever striking Ms. Stover.
The State of Texas represented by Anderson County assistant district attorney Scott Holden called the victim to testify about the events. When asked by Mr. Holden to describe the events on September 12, Ms. Stover said she “was going to take “The Fifth,” referring to the Fifth Amendment to the Constitution.”
Judge Deborah Oakes Evans who presided over the trial appointed local attorney, Dan Scarbrough to represent Ms. Stover on the effect of refusing to testify. Mr. Holden told the Judge he was offering immunity to Ms. Stover for any offenses except perjury. Judge Evans Judge told Ms. Stover she could testify or go to jail.
After a brief discussion with Mr. Scarbrough, Ms. Stover testified, but said she “couldn’t remember” what had happened on the night of the assault”. When Mr Holden showed her pictures taken by Deputy Duren she reluctantly admitted that Mr. Walls had caused her injuries.
“We get many family violence victims who for whatever reason are reluctant to come to court and testify against a spouse or domestic partner. In this case the victim had reconciled with the abuser and depended on Mr. Walls for money to live,” Mr. Holden commented.
Ms. Aneshia Bridges, an investigator with the district attorneys office worked on the case with Mr. Holden. Ms. Bridges position is grant funded by federal Violence Against Women Act legislation.
Local attorney Scott Nicholson represented Mr. Walls in the trial.