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http://www.macon.com/mld/telegraph/10975898.htm
By Becky Purser
Telegraph Staff Writer
FORT VALLEY - A Peach County Superior Court judge found a Byron man guilty of one count of aggravated assault on a peace officer and two counts of felony obstruction of a police officer. Other related charges were dismissed.
Judge Lamar Sizemore announced his verdict late Wednesday following a bench trial of Chris Weaver the previous day.
Weaver, 32, of 116 Bassett St., may remain free on bond pending his sentencing date, Sizemore said. A sentencing date was not set Wednesday.
The judge found Weaver guilty of assaulting Byron police officer John Chidester and of obstructing Chidester and fellow Byron police officer Michael Johnston from arresting Weaver on Nov. 26 after domestic violence calls made to 911 by Weaver's wife, Kelly.
Chidester sustained injury, which later required brain surgery, when Weaver head-butted him at least four times during the struggle in the bedroom of the Weavers' home in Byron, Sizemore said.
But the judge dismissed other charges, including a second count of aggravated assault on a police officer, involving the accusation that Weaver attempted to take Chidester's gun from his holster during the struggle with police. The remaining charges dismissed were obstructing and hindering emergency telephone calls and simple battery.
Sizemore found that officers had probable cause to arrest Weaver without a warrant based on the state's family violence law.
That probable cause came from a 911 call made three hours before the second 911 call and subsequent struggle with police. Johnston first responded to a 911 call made by a next-door neighbor when Kelly Weaver arrived on her door step at 3 a.m. At the Weavers' home, Johnston found a broken lock to the bedroom door, a bedroom lamp overturned and the bedroom telephone broken, Sizemore said. Weaver left the premises before Johnston arrived but returned home a second time before 6 a.m. and Kelly Weaver called 911. Johnston and Chidester responded.
But based on testimony from Kelly and Chris Weaver, Sizemore said he found that Chris Weaver had not harmed - and had not intended to harm - Kelly Weaver. Kelly Weaver testified that she only wanted police to make Chris Weaver leave the house - not arrest him.
Jeff Liipfert, a Fort Valley attorney representing Chris Weaver, said after the verdict was published that he felt the Weaver case is indicative of a problem with the state's family violence law and how it is interpreted by law enforcement officers.
Unfortunately, the law is often manipulated by wives to have their husbands removed from the home, Liipfert argued in court Tuesday. He said police officers feel compelled to make an arrest when an arrest might not be warranted.
Liipfert noted Wednesday that the charges of simple battery and interfering with a 911 call for help were dismissed. But he added that probable cause does not mean that officers had to prove something had gone wrong upon arrest, but that there was probable cause to believe an arrest was warranted.
Liipfert said he was still troubled by Johnston wearing a Nazi SS ring while on duty. Liipfert told the judge Tuesday that wearing the ring was an indication that Johnston thought he was some sort of storm trooper. Johnston testified the ring was a sentimental war relic given to him by his grandfather, who served in World War II, and he'd only worn it while on duty a couple of times.
Peach County Assistant District Attorney Clif Woody said he was satisfied with the verdict.
Kelly and Chris Weaver had initially gotten into an argument at her sister's house Thanksgiving Day about a pack of cigarettes, and Kelly Weaver left with their three boys and returned home. The subsequent 911 calls followed Chris Weaver's return home at 3 a.m. and then again before 6 a.m., according to court testimony Tuesday.
The Thanksgiving Day argument was indicative, Sizemore said Wednesday, of problems the couple had been having since August 2004.
Kelly Weaver testified Tuesday that since Chris Weaver was arrested, the couple has reconciled - having undergone marriage counseling and returning to church.
The aggravated assault on a peace officer conviction carries a sentencing range of five to 20 years in prison, Woody said. The felony obstruction of a police officer convictions each carry a sentencing range of one to five years, he said.
By Becky Purser
Telegraph Staff Writer
FORT VALLEY - A Peach County Superior Court judge found a Byron man guilty of one count of aggravated assault on a peace officer and two counts of felony obstruction of a police officer. Other related charges were dismissed.
Judge Lamar Sizemore announced his verdict late Wednesday following a bench trial of Chris Weaver the previous day.
Weaver, 32, of 116 Bassett St., may remain free on bond pending his sentencing date, Sizemore said. A sentencing date was not set Wednesday.
The judge found Weaver guilty of assaulting Byron police officer John Chidester and of obstructing Chidester and fellow Byron police officer Michael Johnston from arresting Weaver on Nov. 26 after domestic violence calls made to 911 by Weaver's wife, Kelly.
Chidester sustained injury, which later required brain surgery, when Weaver head-butted him at least four times during the struggle in the bedroom of the Weavers' home in Byron, Sizemore said.
But the judge dismissed other charges, including a second count of aggravated assault on a police officer, involving the accusation that Weaver attempted to take Chidester's gun from his holster during the struggle with police. The remaining charges dismissed were obstructing and hindering emergency telephone calls and simple battery.
Sizemore found that officers had probable cause to arrest Weaver without a warrant based on the state's family violence law.
That probable cause came from a 911 call made three hours before the second 911 call and subsequent struggle with police. Johnston first responded to a 911 call made by a next-door neighbor when Kelly Weaver arrived on her door step at 3 a.m. At the Weavers' home, Johnston found a broken lock to the bedroom door, a bedroom lamp overturned and the bedroom telephone broken, Sizemore said. Weaver left the premises before Johnston arrived but returned home a second time before 6 a.m. and Kelly Weaver called 911. Johnston and Chidester responded.
But based on testimony from Kelly and Chris Weaver, Sizemore said he found that Chris Weaver had not harmed - and had not intended to harm - Kelly Weaver. Kelly Weaver testified that she only wanted police to make Chris Weaver leave the house - not arrest him.
Jeff Liipfert, a Fort Valley attorney representing Chris Weaver, said after the verdict was published that he felt the Weaver case is indicative of a problem with the state's family violence law and how it is interpreted by law enforcement officers.
Unfortunately, the law is often manipulated by wives to have their husbands removed from the home, Liipfert argued in court Tuesday. He said police officers feel compelled to make an arrest when an arrest might not be warranted.
Liipfert noted Wednesday that the charges of simple battery and interfering with a 911 call for help were dismissed. But he added that probable cause does not mean that officers had to prove something had gone wrong upon arrest, but that there was probable cause to believe an arrest was warranted.
Liipfert said he was still troubled by Johnston wearing a Nazi SS ring while on duty. Liipfert told the judge Tuesday that wearing the ring was an indication that Johnston thought he was some sort of storm trooper. Johnston testified the ring was a sentimental war relic given to him by his grandfather, who served in World War II, and he'd only worn it while on duty a couple of times.
Peach County Assistant District Attorney Clif Woody said he was satisfied with the verdict.
Kelly and Chris Weaver had initially gotten into an argument at her sister's house Thanksgiving Day about a pack of cigarettes, and Kelly Weaver left with their three boys and returned home. The subsequent 911 calls followed Chris Weaver's return home at 3 a.m. and then again before 6 a.m., according to court testimony Tuesday.
The Thanksgiving Day argument was indicative, Sizemore said Wednesday, of problems the couple had been having since August 2004.
Kelly Weaver testified Tuesday that since Chris Weaver was arrested, the couple has reconciled - having undergone marriage counseling and returning to church.
The aggravated assault on a peace officer conviction carries a sentencing range of five to 20 years in prison, Woody said. The felony obstruction of a police officer convictions each carry a sentencing range of one to five years, he said.