03x49 - A Father's Fight for Justice: Part 2

[bunniefuu]

I'm scared, I'm scared.

He is crazy.

He is really, really crazy.

Would it be a fair statement
that you did, in fact,

punch her in the mouth?

She grabs me by my shirt
and she pulls me into the house

-and starts punching me.
-Wow.

I was like, "You know what, that's it,"
and I started going back at with her.

It was nasty!

That's what happened.
And that's outrageous!

[announcer]
This is Judy Justice.

[theme music playing]

[announcer]
Previously on Judy Justice...

What happened next?

After, he turned around and he...

Started to tussle with you,
which is what you said.

And then, afterwards,
we fell over the couch,

and at this point, he had his forearm
on my neck so I can't breathe.

[DaVon] No, ma'am.

I told him, "DaVon, you're hurting me.
You're choking me.

I cannot breathe.
Please, get off of me. Get off me."

He's standing there
and you're pushing him.

-Yes, pushing him off of me.
-[Judy] Go ahead.

And that's when he did a closed fist
and hit me right here

on the side of my face.

So, I passed out.
And then, after I had gotten up,

he stood up and said,
"You want to fight me, fight me."

[DaVon] That's not true.

Now, you're fighting.

-[Safari] Yes.
-Go ahead.

And I told him to stop as soon as I saw
blood was everywhere,

literally, on the wall and the floor.
And he stopped...

But let me ask you this question;
from all this fighting and tussling,

was Mr. Clarence
visibly hurt anywhere?

-No.
-So far, correct?

No, ma'am.
I had scratches upon my neck.

And she did not put her hands up
to fight me.

She actually threw a car battery
at my hands.

I had to find another device
to try to at least get a recording.

I had to verify this because
I feel like nobody's gonna believe me,

even if I made this up, so I had
to record it off my son's tablet.

I have a video of the injuries
of the night that it happened.

Well, you have
hospital records because

you say that you went
to the hospital the next day.

I want to see the hospital records.

[announcer]
And now the conclusion...

DaVon Clarence is suing his ex-fiancée,
Safari Williams,

for a false arrest
and an as*ault.

Safari is countersuing DaVon,
claiming he assaulted her.

Okay, so, you weren't
admitted to the hospital.

You were just seen by somebody
the next day. What time the next day?

It was around 11:00, 10:00.
My mother had taken me to the hospital.

[Judy]
How did you get in touch with your mother?

After I left the house...

[Judy]
Well, how did you leave the house?

Right now, he's locked out,
you locked the door.

And you're looking for something
to record him.

-[Safari] Mm-hmm.
-And you found something to record him.

-Which was my son's tablet.
-And?

And that's when I
went into the living room.

I brought my kids
to the living room with me.

And I had to wait it out
because I didn't want to go out there.

Like, he was just going crazy.
Like, monstrosity.

But I was afraid to go out there.

So, that's when I had locked in.

I locked myself in,
waited until the morning.

He cannot go 24 hours
without going to sleep.

So, I said, "I'm gonna take my advantage,
wait till he goes to sleep."

He went to sleep in his car,
and I got my keys

and I grabbed my two kids,
barefoot and all, no clothes.

-And...
-Just a second.

Just a second.
So, you grabbed your kids,

-and took 'em out to your truck.
-[Safari] Yes.

-[Judy] And drove where?
-I drove to my auntie's house.

At what time? This is on the 21st?

Yes, the 21st. It was around...


And you drove to your aunt's house
and what did you do?

I went into my auntie's.
And she called my mom.

When she called my mom, that's when my mom
had came over to her house

and saw the injuries.

And she said,
"We need to go to the hospital

because we don't know how bad
or how severe your injuries are.

So that's when I was like, okay, I can go
to the hospital. And she drove me there.

I couldn't make a police report
or as*ault report with the hospital

-because they were going...
-[Judy] No, no, no.

You can't tell me what happened
at the hospital that you couldn't.

Right.

[Judy]
You went to the hospital...

you weren't admitted.
You were seen by a doctor.

Go ahead.

I was seen by the doctor.
I was, in fact, admitted.

If you were admitted to a hospital,
I want to see those medical records.

This isn't a medical record. This is
a one-pager on a visit that you had

where you complained about an as*ault,
and the doctor did notice

some abrasions on your face.

Okay. Um...

[Judy]
It doesn't say you were admitted anywhere.

I'm sorry, I don't have that one on me.

Okay, so now let's move on.
So, you drove your kids

about ten miles to your aunt's house.
You stayed at her house for a while.

Your aunt called your mother.
Your mother came and said,

"I think we should go to the hospital
and check out your injuries."

And? I want to know
how the police got involved.

So, the hospital called the police.

So, you're saying
the hospital called the police.

So, the police came to the hospital.

The police came,
but they wasn't able to, like...

I don't know how to explain it.
It was one of a county issue.

-With, um...
-You want to tell me?

Yes. She'll be able to tell you better.

So, Judge, when we went to the hospital...

So, the hospital's between
Harris County Sheriff's Department

and HPD.

[Judy]
Well, he was arrested somewhere.

Right.

He was arrested somewhere.
On what date were you arrested?

I was arrested on February 24th.

So, four days after this incident.

Okay. I assume you asked your daughter
what happened,

when you were either
driving to the hospital

or when you got
to your sister's house.

-Yes.
-At the time you asked her what happened,

did she tell you that
they had been in a fight?

Well, I could see
they had been in a fight. But...

No, there's a difference between a fight,
which is mutual combat...

-Right.
-[Judy] ...and an as*ault,

which suggests that
there was only one victim.

-and one perpetrator.
-[Zelphia] Right. Yes.

[Judy] So, what I want to know is
whether your daughter discussed with you

the facts that she's just relayed to me.

-Mm-hmm.
-That's a question, not an "uh-huh."

-[Zelphia] Right.
-Did she tell you that they were fighting?

Yes, she did.

Did she tell you that she, at any point,
put her hands on him?

No. And she didn't
because her mouth was so bad...

[Judy] Just a second. She did.
She just told me...

Yes. But she didn't
explain it to me that way.

I know, but she
just explained it to me that way.

I'm not putting a judicial imprimatur
on anybody's assaultive conduct.

-Right.
-[Judy] But you have to understand

that in a fight, somebody ends up
at the bottom of the barrel

-and somebody at the top of the barrel.
-I agree.

[Judy]
Okay, now I'm gonna see your video.

DaVon is hitting me.

I have no phone, he took my phone,
he took everything and I'm helpless.

So I'm trying to get out of here...

I want you to tell me
what precipitated that

because that's a nasty hit in the mouth.

[theme music playing]

[announcer] DaVon Clarence
has accused his ex-fiancée,

Safari Williams,
of reporting a false arrest

after she assaulted him.

Safari claims DaVon assaulted
and defamed her.

You did hear your daughter testify
that, at some point,

he got up and she went to
throw a punch at him and missed.

-Right.
-[Judy] And then he punched her.

And he continued to punch her.

-You did hear that? Okay.
-[Zelphia] Yes, I did.

[Judy] Okay, now I'm gonna see the video.

[Safari]
You just press play.

DaVon is hitting me.

I have no phone, he took my phone,
he took everything and I'm helpless.

So I'm trying to get out of here...
but I need... I need proof.

This is proof... he's hitting on me.

I have blood... everywhere.

I have blood everywhere.

I don't want to go out.
I'm scared, I'm scared.

He is crazy.

He is really, really crazy.

Okay. Would it be a fair statement,
Mr. Clarence,

that you did, in fact,
punch her in the mouth?

-Yes, ma'am.
-[Judy] Okay.

And I want you to tell me,
because I see she's injured,

her mouth is injured, I want you
to tell me in your own voice,

what precipitated that.
Because that's a nasty hit in the mouth.

So, when we flipped over the couch,
I stood up,

and she says that she pushed me off,
but she actually

reached her hands up
and grabbed me by the testicles,

and that's when I punched her.

Right after punching her,
she let go, I ran to the door.

When I ran to the door,
she followed behind me with a car battery.

She picked it up and she tossed it
in my direction,

which caused for me
to have an injury to my hand.

Do you have photographs?

[DaVon]
Yes, ma'am, I do.

That's not true, as far as the battery.

This was taken
a couple days afterwards,

when the swelling went down.

By whom?

[DaVon] By me.

Is that the only injury
that you sustained?

No, ma'am. Also from when she was
choking me with my work lanyard.

I also have pictures of my neck
that was taken that next morning.

-I'd like to see it.
-[Zelphia] Untrue. Untrue.

Don't speak. Don't speak.

You're talking about this cut?

[Davon]
Yes, ma'am.

[Judy]
And where was that?

That's on my neck.
That was right here, across the front.

Oh, I see.

Okay.

Go ahead.

So, when we were tussling,
she threw the car battery at my hand.

I look down at my hand,
I look at the broken doorknob,

and when I'm looking
at the broken doorknob,

-I look back up...
-[Judy] Which doorknob?

The front door.
From when I grabbed the door.

And when she tossed it, it hit my hand
and slammed the doorknob down.

[Judy] Okay.

So, I look down at my hand
and I see nothing but white

inside of my hand.
My hand was bleeding.

It was about to start bleeding,
but I saw white, I saw the bone.

I saw everything.

So, I looked up and I was like,
"What did you do?!

Are you crazy?"
And at that point,

she says, "I don't care anymore."
She grabs me by my shirt,

and she pulls me into the house
and starts punching me.

At that point,
when she starts punching me,

I was like, "You know what, that's it"
and I started going back at with her.

No.

After punches were exchanged,
I left.

Judge, those are the punches
on the video that he did.

Just a second.
I saw that she had an injury.

He acknowledges
that he hit her in the mouth.

So, what I want to also add to that
because I saw him that same morning.

I talked to him. He claimed at 7:00 in the
morning, he was on his way to a funeral.

I told him, I said, "Well, look,
I just spoke with my sister.

I'm going by and get the kids some stuff.
Don't come to the apartment."

He shows up. Nothing wrong.
I didn't see a scratch anywhere.

And I ask him, "Why are you here?"

"Well, I just come to let you know
that I filed a police report."

-"Why are you here?"
-[Judy] Shh. Just a second.

So, he filed a police report.

Can I see a copy of that police report?
Do you have it?

I do not have a copy of the police report.

[Judy] So, after he told you
that he filed a police report,

you went back to your sister's house.
I assume...

No, I hadn't went to my sister's house.

So, my sister called me.

To go get things... Just a second.

Your sister called you
and told you that your daughter

-was there with your grandchildren...
-Right, right.

...could you go
and pick up things for them.

So, you drove over to the apartment
where they had lived together.

-Right. Right.
-He came.

Said, "I've just filed a police report
against your daughter."

Then you went to your sister's house

and you decided
to go to the emergency room

-of the hospital.
-[Zelphia] Yes.

And then you filed a police report,
or your daughter did.

We didn't file it at the hospital.

No, I didn't say at the hospital.
Subsequently, you filed a police report.

-[Safari] Correct.
-Do you have a copy of that police report?

I have my affidavit...

I don't want an affidavit,
I want a copy of the police report.

Let me see...

-Um... that's it.
-That's it.

Okay, Kevin.

[Safari]
And that's all of my injuries that, uh...

I saw your injury.

Well, this police report,
the charge is

as*ault of a family member
impeding breathing.

Yes.

And the affidavit reads "Defendant,
on or about February 20th,

did then and there unlawfully,
intentionally and knowingly

caused bodily injury to Safari Williams,
the complainant,

with whom the Defendant
had a dating relationship,

by impeding the normal breathing
and circulation of blood

by applying pressure
to the complainant's throat." Okay.

So, right here, I have a copy
of the motion to dismiss.

Which shows that they, um,
they dropped the impeding breath,

showing that I did not choke her.

[Judy] That we know.
The case was dismissed.

Do you have a copy
of the visitation order?

You don't have joint custody. 'Cause
you indicated you had joint custody.

We have joint custody now.

[Judy]
When were you granted joint custody?

August first.

Was that after the mediation?

After the mediation, yes, ma'am.

[Judy] And Miss Williams,
did you consent to the joint custody

or did the mediator, after the trial,
recommend joint custody?

-Yes, I did consent to it.
-[Judy] You did.

-That was the mediator's recommendation.
-Correct.

Okay. The only thing I have to ask you,
Mr. Clarence,

is for what period of time,
from the 20th of February,

was it until August or October
that you didn't see the children?

So, actually, it wasn't actually until
that June. Order was signed October.

She failed to sign the children up

for the domestic relation office
for the supervised visitation.

She failed to sign them up
for another six months.

[Safari]
Not true.

[Judy]
So, it was an additional six months.

-An additional six months.
-[Judy] Okay.

Judge, during that time where he was
saying that he was trying to see the kids,

he wasn't paying child support...

[Judy] I don't care whether he was
or whether he wasn't.

I wouldn't pay child support
if I had an order

that said I couldn't see my children.

-Do you understand...
-But it wasn't...

But it wasn't one of those
keep the children type things away.

It definitely wasn't. And when...

Miss Williams.
Miss Williams, I'm done with this case.

I got it.

This is not a "I say, you say."
This is... Don't...

I went into the apartment
and he had tape,

he had electrical tape on the door.

I want you to not speak.
I want you to listen.

-He wasn't...
-[Judy] Just a second.

Sit. Now you don't get it.

[theme music playing]

[announcer] DaVon Clarence
claims his ex-fiancée,

Safari Williams, owes for a false arrest,
abuse and emotional distress.

Safari is countersuing for as*ault
and defamation.

While he has many causes of action
in his complaint,

the only one that I find actually viable,
because they did, in fact,

both of them, engage in domestic violence
against each other,

on February 20th.

-I disagree.
-[Judy] Don't, don't...

This is not a "I say, you say."
This is... Don't...

I went to the apartment
and he had tape,

he had electrical tape on the door.

I want you to not speak.
I want you to listen.

Okay.

I'm finished with the fact-finding
in this case.

Your daughter and Mr. Clarence
had a domestic incident

on February 20th.
It is clear to me

that your daughter got the worst
of the physical bargain.

But she was, in fact, the aggressor.

She did, in fact,
put her hands on him first.

I'm not asking you a question.
I'm telling you.

Based upon what she told me,

she put her hands on him first.

Twice, they had a fight.
It was unpleasant and she ended up,

certainly, more injured than he did.

-It was nasty.
-[Safari] Yes, it was.

There is not a scintilla of evidence
that Mr. Clarence

should've been denied seeing his children
as a result of a restraining order

for over a year.

-[Zelphia] He wasn't...
-There... Just a second.

Sit. Now you don't get it.

I'm not listening to you.
Now I'm ruling.

There is not a scintilla of evidence
that Mr. Clarence,

who lived with these children
for four and a half years,

who took care of them regularly alone,

should have been denied
seeing his children for over a year.

And that's what happened
because she asked for a restraining order

that included the children.
That's what happened.

And that's outrageous
because two adults who have children

can fight with each other and
they can be angry with each other

and they can be vicious with each other,
which they were,

but they created two children.

And the proof of the pudding
is in the tasting,

because after it was all said and done,
Mr. Clarence

has joint custody of the children.

So, for a person that went
from not being able to see his children,

then to supervised visits,
because that's what he asked for,

and that took an additional six months,

that is an outrageous outcome.

Outrageous.

Because I know that you would think
it was outrageous

if Mr. Clarence prevented your daughter
from seeing the children for two days.

For one day.

I would.

I would think it was outrageous.

And in this country, mothers and fathers
have the same rights to children.

Not they're her children, or his children.
They are their children.

And if she feels threatened by him
and had a protective order, that's okay.

But then you are cooperative
with regard to seeing the children,

either in a supervised manner
or some other manner.

But asking for a restraining order
that includes the children

when there was never any indication
that Mr. Clarence

was an irresponsible parent
is outrageous.

I find that on the cross-complaint
for as*ault,

I find that Miss Williams was, in fact,
seriously injured in her mouth

as a result of this altercation.
I also find

that she was the provocateur
because she put her hands on him first.

So, I'm dismissing your cross-complaint.
And I'm granting your complaint,

Mr. Clarence, with regard to the children
and the protective order

which precluded you from seeing
your children for that length of time.

-Do you understand?
-Yes, ma'am.

Judgment for the plaintiff in
the amount of $5,000 on that issue alone.

The remainder of your complaint
is dismissed.

Your counterclaim is dismissed
for the reasons that I've stated.

-We're finished. Thank you.
-Thank you, Judge.

[Kevin]
This court is adjourned.

I don't believe that
I was ever the aggressor.

He was always the person to gaslight me,

especially when he brought the kids
or he always taking the kids.

I've never gaslit her. I've always told
her exactly what things are,

told her the truth on matters.

And a lot of people
just can't handle the truth on things.

So if you can't handle the heat,
get out the kitchen.

He saw that I didn't care anymore.
He saw that I just dried up

and said, "It's done.
So, if you want to leave, leave, please."

No, that day I had a cool head.
I tried my best to get out that situation.

Made many attempts to beeline for the
door. And she just wouldn't let me leave.

I just want to be a mom. Just like you
want to be a dad so bad, let me be a mom.

But I could never get that
from him, so...

I tried to keep things cordial
so my children can grow up

in a favorable household.

What's your takeaway?

I think a big thing
that I'm sure happens...

you've seen it
far more frequently than I have,

but I'm sure it happens a lot,

is mothers, or fathers,
but mostly mothers,

who get into domestic violence situations
or even as*ault,

even though here, we decided that it was
more of a mutual combat situation,

but even so, they feel
that they need a restraining order

to protect themselves from their partner.
And that's fair.

You know, you feel threatened,
your life, your safety.

But that does not automatically transfer
to children,

like you said, that you share together.

Because as we saw here,
with very little...

you know, we found out
in the first five minutes of questioning

that this was more of a mutual combat
than a one-sided as*ault.

She just got the worst of the bargain.

Of course, but still, not enough to keep
a man from his children for over a year.

You know, it's sort of interesting.
It's easier and safer for judges,

for family court judges
or criminal court judges,

to sign off on
these sweeping protective orders

that cover place of work, your home,
the children's school, the children...

It just is easier to check all the boxes
and say we'll take care of it at trial.

Well, that might be okay
if everybody gets a trial in a week.

In this case, it took three years
for it to be resolved. So...

For something he probably should have had
from the beginning, joint custody.

You know, given that they both
cared for the children together.

And certainly not deprived of any contact
whatsoever for well over a year.

-Yeah.
-Okay.

Thank you.

[announcer] Are you a victim
of an as*ault?



[theme music playing]