Strangulation charge dismissed against Providence Forge man

A Providence Forge man had a charge of strangulation dismissed after a contested trial Monday afternoon in New Kent Circuit Court.

John Vern Davis, 65, of the 9400 block of Old Forge Road, was found not guilty on the one felony charge.

On. Sept. 9, 2017, Davis and the alleged victim were in his home and enjoying hamburgers. The alleged victim went to a recreation room and Davis, who had been drinking, entered the room and begin using a threatening tone, insinuating an argument. After Davis hurled wine glasses and a lamp at the alleged victim, they left the room and that’s when the alleged string of strangulation attacks began.

“I couldn’t scream,” the alleged victim testified. “I tried to make noise. I tried to do something.”

The alleged victim said Davis strangled them on three separate occasions that afternoon. The alleged victim eventually was able to get access to a cell phone and text a family member to notify authorities for assistance. The following day, the alleged victim said that bruise marks on the shoulders, neck, and the throat appeared.

Defense attorney Judson Cathier argued on behalf of Davis, mentioning in his opening statement that the facts of the case didn’t meet the standards of being a strangulation case. The defense lawyer’s first point mentioned the weight difference between Davis and the alleged victim, saying that more of an impact would’ve been made if strangulation occurred. His second point focused on the victim’s testimony and how they admitted they could breathe.

Cathier continued, saying that Davis’ actions were in self-defense and that the alleged victim was the actual instigator of the crime. The lawyer said symptoms of strangulation included urination, defecation, and vomiting. The defense attorney argued that the alleged victim did not have any of those symptoms, but had swollen hands, suggesting that they initiated the attack and that Davis’ actions were done to protect himself.

Testimony from police officers confirmed that Davis urinated on himself and that no glass of any kind was recovered from the crime scene.

With a lack of sufficient evidence of the alleged offense, Judge B. Elliott Bondurant dismissed the charge against Davis.

In another circuit court matter, a woman received formal sentencing to a single count of embezzlement.

Katelynn Marie Proffitt, 22, formerly of the 14000 block of The Glebe Lane, Charles City, received the formal sentence to the felony after she failed to pay restitution. During a Nov. 13, 2017 trial, Proffitt entered a guilty plea to embezzling $935.50 from Food Lion in Bottoms Bridge between Jan. 6 and Feb. 25, 2017. The defendant cashed in coupon returns and kept the return balance for herself and took place when she wasn’t assisting a customer.

Proffitt received a five-year sentence with all time suspended. She must still pay the entire restitution as part of her sentencing.