Chris Beard DV Breakdown
Strengths, Weaknesses, Guess on what happens
(Mugshot via TMZ)
Texas basketball coach Chris Beard was arrested in Austin, Texas at 4 AM on Monday. Beard was charged with assault on a family or household member in which their breath was impeded, which is a third-degree felony punishable by up to 10 years in prison (via ESPN).
KONG has his prosecutor hat on, let’s ride!
FACTS (via ESPN): As revealed in the police affidavit first reported by the Austin American-Statesman, the woman said she called police early Monday morning because "I just did not feel safe" after Beard allegedly attacked her. She also told police that Beard "choked me, bit me, bruises all over my leg, throwing me around and going nuts."
She told police that the couple had been arguing for a few days about "relationship issues." She said she entered a guest bedroom to talk to Beard and then broke his reading glasses because she was upset. About "10-15 minutes" later, Beard walked to the master bedroom, where the woman offered Beard a new set of reading glasses before he slapped the glasses she was wearing off her face, threw her off the bed and began to choke her, grabbing her from behind, she said. The woman told police, "Yes, I could not breathe. He did it for probably like five seconds."
As Beard choked her, she said, "I couldn't move or do anything at all." After choking her, Beard threw her back onto the bed and got "within inches or her face" before the attack stopped, the woman told police. She had visible bruises on her face, arm and leg and told police "my leg is really killing me right now."
What are the key facts?
There is motive given the arguing over relationship issues. Most DV cases I prosecuted involved relationship issues. Happy couples do not strangle one another over broken glasses.
The bruises - many DV cases do not have witnesses so you need overwhelming physical evidence to get a conviction. If she did have bruising and pictures were taking, this is bad for Beard. Juries need pictures and video/audio.
The stoppage of breath. Many DV victims will say they were choked or hands were around the neck; this woman said she could not breathe. Stopping breath escalates the charges. No breath = death.
“I couldn’t move or do anything’. He looks like a big guy. I am guessing this woman was smaller. A smart prosecutor can demonstrate at trial the size difference to the jury and how tough it would have been for her to escape.
What is missing?
911 call. What did she say to the operator?
Did HE say anything to police? Defendant statements CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW (Law and Order DUM DUM).
Does he have a history of police reports involving violence, strangulation, and some combination with women? People usually look for CASES, but there’s usually a prior police report or two involving a violent defender. Someone could have called the police on Beard when he was in college for a fight, you never know.
What are the strengths of the prosecution’s case?
Visible evidence. Juries are visual. Pictures of the room (probably looks like the Tasmanian Devil went through) and the victim are powerful. People NEED to see the bruises, especially around the neck.
The glasses too. If glasses were broken this helps corroborate victim’s story.
They have the 911 call (or at least know it exists). 911 calls are usually deleted in 30-90 days. I cannot tell you how many 911 calls I was unable to get due to something weird/incompetent happening on someone’s end (mine included). Young Prosecutor Kong occasionally did not order/articulate everything immediately needed. Hard lessons to learn. Each town is different too. Larger cities screw up more often, and smaller towns can be hard to get information from.
It’s a believable story with an easy narrative for closing argument. A lover’s quarrel gone bad. An explosion waiting to happen, and the broken glasses set it off. Most DV happens late at night, and Beard was arrested around 4 AM.
Victim said Beard stopped her breathing. Rarely does a prosecutor get a statement that explicitly says “I could not breathe”.
This is a ‘make your career’ case for the prosecutor(s) assigned. Most DV cases are murders without a dead victim. We have that here - pictures, 911 call, probably a non-participatory witness. You get a conviction here, you are ready for actual murders.
Time. Sometimes defendants slip up from their ‘sorry, baby’ act and do something again. Victims then say screw you, yes I am testifying. The longer the case, the longer the chance defendant slips. DuckDuckGo “Circle of violence” to learn more!
What are the strengths of the defense’s case?
Victim made a comment along the lines of “I want charges dropped”. Many victims say something like this. Going through with being the star witness against your fiancée is a high hill to climb.
Victim probably will not testify or engage with prosecutors. Everything they have is probably what they have. 90-95% of my cases had a non-participatory victim.
Time. A felony DV case, as mentioned in the ESPN article, takes time. I had DV cases that lasted YEARS. It will be key for prosecution to develop a relationship with the victim, otherwise it may fall apart. There's a good chance contact is eventually allowed after 6 ish months. If that happens, victim will eventually be on defense’s side. Beard is a top-notch college basketball coach - he is persuasive as hell. Time works both ways, similar to Arrival.
Juries do not like convicting men of domestic violence, especially female jurors. I was told by someone who knows things that women victim shame and I should get them off ……….DV juries if I can. Need some levity here people! It makes sense. It’s like the joke about what women talk about when they get together - the woman who did not attend.
What else would Kong like to know?
Did police go back and photograph the victim the day or two days after the attack? Bruising usually takes 24-48 hours to fully form. Prosecutors need to send police back to the scene for better pictures.
Did the victim ID the defendant AS WELL AS say her fiancée on the 911 call? One of the biggest roadblocks I faced was victim not participating and her*** never saying she was in a relationship with defendant via audio.
Why did the judge allow verbal contact between defendant and victim? I’ve never seen that for a Felony DV case. I would have STRONGLY OBJECTED. You are letting an abusive master persuader have contact with his victim? Feels like the case is being lost as it is getting started.
Does Beard have a history of violence? Past police reports, unreported incidents with other women or this specific victim. Similar prior acts may be introduced in court via a Motion in Limine. If granted, it will strengthen the prosecution’s case. The acts do not need to have even been reported to police, although it is easier when there is a police report.
Does victim have a history of violence? Has she made accusations like this that were unfounded?
Kong’s guess on ultimate disposition (aka what ends up happening?)
Tough call. I think the case comes down to two questions:
Will the victim participate (aka talk to state, agree to testify?)
Did the victim ID the defendant as her significant other on the 911 call?
Without #1, you need #2. If NEITHER, there’s almost no case. Beard won’t plea or he’s unemployable. This is jury or dismissal.
I am guessing the case is eventually dismissed. Beard will be bought out after the season, and he ends up coaching somewhere smaller in 2024. He eventually returns to a blue blood program in 2027. I’m just the messenger.
Let me know if you have questions! Comment, DM on Twitter:
V/r,
KONG
***most DV victims are women.