Broken door, scuffle enough to convict Charles City woman
Many court cases hinge on the evidence presented by both the prosecuting attorney and the defense attorney. During a Tuesday morning contested trial in Charles City, it literally hinged on a door.
Ebony Monique Coles, 24, of the 12100 block of The Glebe Lane, Charles City, was found guilty on one count of breaking and entering, misdemeanor assault and battery, and misdemeanor destruction of property. One charge of misdemeanor assault and battery on a family member was dismissed.
In the early morning hours last Feb. 7, brothers Carlos and Jermaine Woodley were resting at their home on Sturgeon Point Road. Carlos arose from his bed around 4:30 a.m. that morning.
“I heard a banging on the door and I got up and Ebony was there,” said Carlos. “I asked her to leave and that’s when my brother woke up.”
Jermaine, who is the father of Coles’ child, said the disturbance ceased his slumber.
“I got up when I heard the dog barking and my brother,” said Jermaine. “I went to the door and pulled back to the corner and saw Ebony there and asked her to leave.”
Dialogue continued back and forth between the parties before the brothers told Coles that they were going to call the police. According to testimony from both brothers, the defendant left, but returned about 15 minutes later and recommenced to knocking on the door to gain access to the house. Additional comments made by both the brothers and Coles indicated the door was rigged closed and required the deadbolt to lock it.
“I had hung up the phone with the dispatcher after she left the first time but called again when she returned,” Carlos said. “By the time I made that call that is when she forced her way into the house.”
Jermaine said he had returned to the bedroom with his former girlfriend when he heard a loud crash.
“I saw the door split and my brother was struggling with her and wrestling with her and he told me to stay back,” said Jermaine. “That is when I saw [codefendant] Cordaysia Robinson rush into the house.
“I pushed Ms. Robinson and told her to get out,” added Jermaine. “I never made contact with Ms. Coles though.
“I started wrestling and pushing Ms. Coles to get her out and eventually did,” said Carlos. “Once that happened we got into a verbal confrontation.”
Words exchanged and escalated for minutes until a Charles City deputy arrived at the scene. After receiving statements from both the brothers, Coles, and Robinson, the two defendants were placed into custody.
Defense attorney John McGarvey‘s cross-examination questioned both brothers’ recount if they saw Coles break the door. Both admitted they did not see her break the door but said she had the capability to do so. More questions asked by McGarvey homed in on Coles’ visits to the property and if she needed permission to visit the house. While Carlos commented that he didn’t know, Jermaine answered with an enthusiastic yes.
Coles elected to testify on her behalf, saying the stories by the brothers were fabricated.
“I was living with him (Jermaine) at the time,” Coles claimed. “I had my clothing, a crib, the babies’ clothing, and toys were there.
“That night I was returning from doing Cordaysia’s hair,” the defendant continued, laying out a timeline of how the process started the night before and did not conclude until 4 a.m. “I called Jermaine to let him know I was on my way home.”
Coles testified that when she returned to the Sturgeon Point residence, Jermaine was standing on the porch. The defendant said she questioned why he was standing outside before her phone led to a physical confrontation.
“We were tussling and both fell into the door and into floor and knocked over the stuff,” Coles continued. “That when Jermaine called for the dog and it bit me.”
A bite from the 100-plus pound pet was confirmed to be found on the defendant by the deputy. However, Coles said she didn’t see Carlos until the tussle.
“I was laying on the floor and was pinned and yelling that I was getting bit,” Coles said. “That’s when I saw Carlos standing by Jermaine’s door and that is also when Cordaysia ran in to pull the dog off me.
“Carlos came in and pushed me and told me not to hit the dog in the face,” added the defendant. “I was getting bit and I knew that was the only way to get the dog off me.
“I tried to get up but Carlos pushed me down and that’s when I was bitten a second time,” Coles said as she wrapped up her testimony. “That is when I saw the woman for the first time.”
Charles City Commonwealth’s Attorney Rob Tyler’s closing arguments centered around Coles’ jealousy of Jermaine’s new girlfriend.
“The evidence is here and you see she did not like the fact that this guy was not in a relationship with her anymore,” Tyler said. “If Coles’ story was true, why would Mr. (Jermaine) Coles have a woman at his house if those two were in a relationship and not take her to a hotel?”
McGarvey countered with a closing argument, saying that Coles was the victim and the evidence was there to prove it.
“If you look at our case, you see we have much more than a hypothesis, we have physical evidence to back up our fact,” the defense attorney said, pointing to mail received at the Sturgeon Point address in Coles’ name. “I find it more believable and I strongly believe my client is telling the truth and her account of what happened was what really occurred.”
Judge B. Elliott Bondurant disagreed with the defense attorney’s viewpoint, pointing to the key factor of testimony surrounding the breaking of the door.
“I’ve heard today from both the Commonwealth’s witnesses and the defendant that there was no key to the door,” said Bondurant. “I heard on how the door was locked and a card, spatula, or another flat item would have to be used to open the door.
“If Ms. Coles’ story was true and Mr. (Jermaine) Woodley met her on the porch, how is the door going to be deadbolted from the outside?” continued the judge during the verdict rendering. “How are you going to fall into the door like that? It makes no sense and I believe the witnesses of the Commonwealth.”
Formal sentencing for Coles is scheduled for Jan. 20, 2017.