A 26-year-old Cape Girardeau woman who reportedly stabbed her boyfriend was bound over to Cape Girardeau circuit court Thursday.
Beverly D. Haley, of 617 Boxwood Court., Apt. 4, is charged with first-degree domestic assault, which carries a maximum prison sentence of 15 years if convicted.
Cape Girardeau CountyProsecuting Attorney Morley Swingle said despite the victim's refusal to testify, he was able to produce compelling evidence to carry the case forward during Haley's preliminary hearing Thursday before Associate Circuit Judge Gary Kamp.
Swingle said he pointed out to the defense that with the testimony from ambulance and police personnel who responded to the scene Dec. 29 he could prove his case.
That was enough to cause Haley to waive her preliminary hearing and appear Feb. 5 for arraignment before Associate Circuit Judge William Syler, he said.
Swingle said domestic assault victims refusing to testify or requesting charges be dropped is a common problem for his office.
All prosecutors in Cape Girardeau have extensive training in the cycle of domestic violence, Swingle said, and experience has shown them that dismissing a domestic assault case only perpetuates the problem. When a case is dismissed there is a good likelihood prosecutors will see future violent episodes involving the same parties.
"My office has a policy that we do not dismiss a case because the victim wants it dismissed," he said. "Once a prosecutor files a charge we are not going to give up."
Most domestic assault cases that come across the prosecutor's desk don't involve weapons, Swingle said. In those cases, the prosecutor recommends probation with counseling to address anger management or drug and/or alcohol problems, if necessary, for first-time offenders.
Swingle said he is seeking a prison sentence in Haley's case because a weapon was used and found at the scene.
According to the probable-cause statement, police officers responded to a domestic dispute call during which Haley allegedly told police she attacked her boyfriend after he hit her in the back of the head.
Swingle said police found the knife in the back yard. He said it was bent from the impact of hitting the victim's collarbone.
"The wound did turn out to be not a serious condition" because it hit the collarbone, Swingle said.
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