Criminal Court Judge Don Poole on Wednesday declined to lower the bond for a man charged with shooting his girlfriend in the rectum. The Tennessee Court of Criminal Appeals has ruled that the case be dismissed. However, Judge Poole noted that the state Supreme Court has up to 55 days to decide whether to consider the case.
Keeping the bond of Montgomery Hilton Garner at $250,000, he cited his violent history.
Roxanne Arrowsmith said she has undergone 23 operations since the incident in October 2003.
The Tennessee Court of Criminal Appeals ordered the dismissal, saying former Criminal Court Judge Doug Meyer should not have granted a mistrial in the case. Since he did, it would be double jeopardy for another trial to go forward against the defendant, the ruling says.
The mistrial was declared after issues went before the jury on the victim's mental state. Prosecutor Jay Woods asked for the mistrial after attorney Larry Young questioned the victim about a hospitalization for previous mental health treatment.
Judge Joe Tipton wrote, "The defense had nothing to do with the victim’s denying any hospitalization during the time in question. Any prejudice to the state’s case incurred during the cross-examination was caused by the victim’s untruthful testimony and not by the defense. We conclude that this was not a case in which there was no feasible alternative to halting the proceedings."
Mr. Garner sounds like a really nice man. Details here from The Chattanoogan.