4 RR 16, 29. BECAUSE AGNES COULD NOT STOP THE FIGHT, SHE CALLED 911 AND DE SCRIBED THE ARGUMENT AS A FISTFIGHT WITHOUT ANY WEAPON INVOLVED. 4 RR 11, 31.
DEPUTY WILKERSON AND HIS TRAINEE, DEPUTY BEATTY, WERE DISPATCHED TO THE
SCENE WHERE BEATTY, THREE MONTHS OUT OF THE POLICE ACADEMY, BEGAN HIS INVESTI
GATION WITH WILKERSON, HIS FIELD-TRAINING OFFICER. 3 RR 10-12.
THE TRIAL COURT ALLOWED BEATTY, WHO WAS WITHOUT ANY TRAINING IN FAMILY
VIOLENCE INVESTIGATION BEYOND HIS "CLASSROOM ORIENTATION", TO TESTIFY THAT
JONES WAS GUILTY OF ASSAULTING HIS GIRLFRIEND. 3 RR 11, 12, 25. SIMILARLY,
THE TRIAL COURT ALLOWED WILKERSON TO TESTIFY OVER APPELLANT'S OBJECTION THAT,
HE DID NOT BELIEVE THAT JONES WAS ACTING IN SELF DEFENSE. 4 RR 50. (DESPITE
HIS LACK OF KNOWLEDGE REGARDING JONES' MENTAL STATE).
DURING THE CHARGE CONFERENCE, DEFENSE COUNSEL ARGUED THAT THE EVIDENCE
SUPPORTED AN INSTRUCTION ON SELF-DEFENSE. THE STATE ARGUED OTHERWISE. 4 RR
57-58. THE TRIAL COURT RECALLED THE WITNESSES' TESTIMONY AND NOTED THAT THERE
WAS [SOME] EVIDENCE ON THE ISSUE OF SELF-DEFENSE, BUT BECAUSE THE EVIDENCE WAS SMALL AND CONTRADICTED, THE TRIAL COURT DENIED THE DEFENSE'S REQUEST FOR
A SELF-DEFENSE INSTRUCTION. 4 RR 59, 64. THE JURY FOUND JONES GUILTY AND THE
TRIAL COURT SENTENCED HIM TO 40 YEARS IN PRISON. CR 68, 71.
THE RECORD SHOWED, AND THE JUDGE ACKNOWLEDGED, THAT THERE WAS SOME EVID ENCE IN SUPPORT OF SELF-DEFENSE INSTRUCTION.
ACCORDING TO AGNES, TIMS ACCUSED JONES OF CHEATING ON HER. 4 RR 10. AND, AS THE ARGUMENT ASCALATED, MRS. JONES TESTIFIED SHE WAS THERE WHEN COMPLAINANT
THREW THE FIRST PUNCH AND PUNCHED APPELLANT IN THE FACE. 4 RR 25. MOREOVER, THE STATE ITSELF MUST HAVE BELIEVED THAT THERE WAS OME EVIDENCE OF SELF-DEFENSE FOR IT ARGUED THAT AGNES' TESTIMONY OPENED THE DOOR TO JONES ALLEGED "HISTORY OF VIOLENCE AGAINST WOMEN AND INDIVIDUAL,"
[PROSECUTOR]:. SECONDLY, I DON'T BELIEVE - DUE TO THE FACT THAT THE DEFENSE HAS SUBMITTED AN ISSUE OF THE DEFENDANT WAS JUST ACTING OUT BASED ON HER PUSHING HIM, THEY HAVE OPENED THE DOOR TO HIS HISTORY OF VIOLENCE AGAINST WOMEN AND INDIVIDUALS
4 RR 34.
THE TRIAL COURT, ITSELF HAD REMARKED THAT THE ISSUE OF SELF-DEFENSE HAD
BEEN RAISED. WHEN WILKERSON TESTIFIED THAT HE DID NOT BELIEVE THAT DEFENDANT
ACTED IN SELF-DEFENSE, THE TRIAL COURT OVERRULED APPELLANT'S OBJECTION AND
EXPLAINED, "NOW. THE ISSUE HAS SOMEWHAT BEEN TRIED TO BE RAISED, I AM GOING
TO ALLOW YOU TO ANSWER THAT QUESTION. SO GO AHEAD. YOU MAY ANSWER." 4 RR 501. AND, DURING THE CHARGE CONFERENCE. THE TRIAL COURT NOTED THAT THERE WAS
SOME EVIDENCE THAT COMPLAINANT HAD PUSHED APPELLANT AND MAY HAVE BEEN THE
FIRST AGGRESSOR: "SHE [MS. JONES] DID SAY THE COMPLAINANT PUSHED[;]" "I MAY HAVE BEEN THE AGGRESSOR," "I COULD, HAVE BEEN FUSSING AT HIM." 4 RR 59
(EMPHASIS ADDED). ACCORDING TO THE .TRIAL COURT, HOWEVER, THERE WAS NOT "A LOT OF EVIDENCE IN THE CASE, AND THE EVIDENCE CONCERNING SELF-DEFENSE WAS
VERY SMALL." 4 RR 59. THUS, INSTEAD OF CONSIDERING WHETHER THERE WAS