Mr. T was charged with domestic assault after his ex-girlfriend, Ms. Y, accused him of slapping her in a fit of drunken anger after he failed to convince her to reconcile. Ms. Y provided police with a detailed description of the alleged assault after calling them to her apartment right after the incident. Mr. T was arrested at his own apartment approximately one and a half hours later, and upon his arrest denied slapping Ms. Y and claimed that Ms. Y had actually hit him.
During the trial, Ms. Y claimed that Mr. T had “anger issues” when drunk and that he had slapped her on other occasions. On the night in question, she said that Mr. T was obviously drunk and quickly grew angry when she rebuffed his affectionate advances and pleas to get back together as a couple. This led to a heated verbal argument that ended when Mr. T slapped her in the face and stormed out of the apartment.
For his part, Mr. T testified that he was not drunk during the alleged incident and that Ms. Y had actually slapped him during the verbal spat. He said he did not hit her back but threatened to call the police on her for assault just prior to leaving the apartment. Mr. T further claimed that Ms. Y had anger issues when drunk, had been drinking the night of the alleged assault, and had slapped him on prior occasions.
The arresting officers testified that while Ms. Y’s cheek appeared to be red, there was no way to conclusively prove that it was the result of a slap rather than some other cause. They also testified that while Mr. T had the smell of alcohol about him, he showed no visible signs of inebriation. Under further questioning, they agreed that Ms. Y not only smelled of alcohol, but also showed visible signs of inebriation.