Woman cleared of wounding ex-boyfriend
a brawl.
Jerrika Quaddriyah Jacobs was charged with wounding Shawn Smith and possessing an offensive weapon.
But Magistrate Ed King ruled that, in both instances, Jacobs was provoked and "her actions were necessary for her defence.'' This came after he repeatedly warned Jacobs -- who defended herself -- about how she cross-examined Mr. Smith.
Mr. King also had strong words for Mr. Smith, telling him he had to speak clearly and slowly and that he was not in an argument with Jacobs.
He later stopped the proceedings and explained to lawyer Marc Telemaque -- who had briefly entered the court room -- the charges Jacobs faced and asked him to advise Jacobs before she presented her case. The court heard that an argument broke out between Jacobs, 21, and Mr. Smith over who would buy a drink for a mutual friend at the Swinging Doors Nightclub, Court Street, Hamilton, in the early hours of December 8 last year.
It was alleged that Jacobs hit and bit Mr. Smith and was escorted out of the bar by club security. A half hour later he left the bar and approached Jacobs on the southbound side of Court Street.
Under questioning by Crown counsel Leighton Rochester, Mr. Smith said: "I ain't even sure what happened. I might have hit her first but she was out there before me.'' Mr. Smith added that he did not see Jacobs with a knife nor did he see her stab him.
Mr. Smith continued: "I felt it after I saw blood. I said `you are going to the hospital with me' and I started fighting.'' While under cross-examination from Jacobs, Mr. Smith said he did nothing to Jacobs, of Valley Heights, to provoke her to slap and bite him in the bar.
After being warned several times to ask Mr. Smith a direct question, Jacobs asked: "You didn't go `hey, hey, hey' and smack me on my backside?''.
Smith answered: "I never touched you. What you talking about, girl. Bring your witnesses here.'' Jacobs declined to take the stand and elected to not call any witnesses.
In her statement to Police, Jacobs denied owning the knife and said she found it on the ground after Mr. Smith had hit her.
Jacobs added she only hit Mr. Smith once.
She added: "All I wanted him to do was stop hitting me.'' After a 45-minute deliberation, Mr. King returned and said the prosecution gave no evidence to counter Jacobs' claim of finding the knife by the roadside.
Mr. King said he did not accept Mr. Smith's claim that he did nothing to provoke Jacobs.
"But he told Police he asked her why she was interrupting his conversation with their friend,'' he added.
Mr. King said: "And he went on to say that she had to leave. Meaning he was beating her so much.'' Mr. King added he believed Jacobs thought her life was in jeopardy or that she faced grievous bodily harm.
And he said: "The defendant acted lawfully -- I find her not guilty on both counts.''
