Chapter 17 - THE DOMESTIC VIOLENCE TRIAL
Duncan’s domestic violence case went first.
Video from the dining room camera existed.
I did not know Dad’s property company had installed it for security.
Duncan did.
The video showed:
Argument.
Me holding a tablet.
Duncan stepping closer.
My mouth moving.
His hand rising.
The slap.
My fall.
No audio.
My testimony supplied words.
Duncan denied saying:
“Even pregnant, you’re still dead weight.”
Then a smart speaker recording changed that.
The device had accidentally captured part of the argument after a wake word.
Audio quality poor.
But his line was audible.
Also:
SABLE:
You said if the baby is gone—
DUNCAN:
Stop twisting everything.
Then slap sound.
No direct statement of miscarriage intent.
The prosecutor did not overreach.
Charged aggravated domestic battery based on known pregnancy and bodily impact.
Duncan testified.
Worst decision his lawyer made.
He said:
“I did not intend to make her fall.”
Probably true.
“Did you intend to slap her?”
He paused.
“Yes.”
“Did you know she was thirty-eight weeks pregnant?”
Everyone almost laughed.
“Yes.”
“Did you call her dead weight?”
“I was angry.”
“Is that yes?”
“Yes.”
Convicted.
Sentence considered:
No prior violent criminal record.
Serious vulnerability due late pregnancy.
Fall.
No lasting physical injury.
Remorse? Contested.
He received custodial time shorter than angry internet wanted, followed by probation and batterer intervention.
No contact with me.
Parenting contact remained under family court control.
At sentencing Duncan said:
“I loved my wife.”
I looked at the floor.
Maybe.
Then:
“I became someone I did not recognize.”
That phrase irritated me.
He recognized himself enough to build spreadsheets.
I said nothing.
My victim statement was short.
May you like
“You knew I was thirty-eight weeks pregnant. You struck me anyway. Whatever you believed about our marriage, the baby and I were not obstacles you were entitled to move with your hand.”
That was enough.
