“It was a big argument that got out of hand”: blows and a tuft of hair torn out, a Cévenol man tried after assaulting his partner

Mes Euria Thomasian et Olivia Betoe sont intervenues dans ce dossier. MIDI LIBRE – CHARLES LEDUC

The dispute broke out in the north of Gard after the defendant, brought to Alès, made noise while taking out the raclette set on the evening of 30 December.

This electrician lives in Saint-Ambroix, in the north of Gard, is 42 years old, has 23 mentions on his criminal record, is on suspended probation and is appearing as a repeat offender before the Alès criminal court for domestic violence on Thursday 2 January. “After all these years in prison, going back to it is sure to sink me”, he told his judges from the dock. “I assure you that I am not bad. Even if my record does not work in my favor. I am impulsive, it is true…”

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The defendant “wanted to take his things and leave, that's all”

As he could have been on the evening of December 30, when he returned to his partner's house after drinking a few beers with his boss. While his partner was in bed, he made noise by taking out the raclette machine. The tone rose. The victim reported blows, a tuft of hair torn out, and explained that she had grabbed a hammer that she had raised to intimidate the forty-year-old. “It was a big argument that got out of hand”, he said for his part. The defendant indicated that he “wanted to take his things and leave, that's all” and that the opposing party “assaulted throughout”. He explains that he remained calm, even though he “shouted loudly”, but assures that he “didn't touch her”. Questioned by the presiding judge of the immediate appearance hearing, Mathilde Pagès, the defendant concedes that he “maybe grabbed her hair”, or even possibly inflicted “unintentional blows”. This, while the victim's mother corroborates her daughter's statements. A civil party who, specifies Me Euria Thomasian, his counsel, “does not want to see him anymore” .

A spouse “stuck in delinquency”

Quentin Larroque, the deputy public prosecutor, believes in the version of the victim and her mother, relying in particular on the medical certificate and the tuft of hair noted by the police upon their arrival. Pointing out the “grosque” explanations of a spouse “stuck in delinquency”, he is demanding, in the main, 18 months of imprisonment, the revocation of a suspended sentence of up to six months and continued detention.

The defense pleads for acquittal

In defense, Me Olivia Betoe pleads for acquittal, because, she tells the judges, “you are asked to make the victim's word gospel”. For the lawyer, this case was “probably handled too quickly”. “We have a case of one's word against another”, she argues. “You cannot convict on the basis of a file that is empty.”

What do the trial judges decide? ?

The court does not see it that way and immediately sends the forty-year-old back to detention, who is sentenced to one year in a cell: eight months, plus a suspended sentence revocation of four months.

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