Magistrate Chin warns man from hitting lover
A Southampton man was given a break in Magistrates' Court on Friday after the woman he assaulted with a bottle wrote a letter pleading with the court for him to be given a chance.
Kevin Gilbert Simmons, 35, of Rockaway Drive in Southampton, admitted unlawful assault and causing bodily harm to a woman with whom he had previously been in a relationship.
Crown counsel Cindy Clarke told the court that the relationship between the victim and Simmons had ended in January of this year. Then, on November 29, the woman went to visit a friend in Rockaway in Southampton, where the defendant was at the time visiting his mother.
The court heard that Simmons, who appeared well dressed and composed in court, became aggressive towards the woman, insulting her and asking what she was doing there. His mother - who appeared in court by her son's side - attempted to calm him down, but to no avail.
Simmons, said Ms Clarke, picked a glass from a side table and hurled it at his ex-girlfriend. He missed, but he then reached for a bottle.
Ms Clarke told the court that once again his mother attempted to intervene, but could not. Simmons smashed the bottle over the victim's head, and she rushed to the bathroom to hide.
"You're a white slut, I'm not gonna leave till I kill you," Simmons yelled through the door of the bathroom. Ms Clarke explained the woman hid in the bathroom for about twenty minutes before she felt it was safe to leave - through a window.
She ran to a nearby restaurant and called the Police. The Police arrived and arrested Simmons, who still had her blood on his shirt.
She suffered a fractured nose, stitches in her hand, a head wound and bruising and swelling around her eyes.
Simmons has previously been convicted for similar offences in the past.
However, then defence lawyer Elisabeth Christopher spoke on behalf of Simmons, saying he had an addiction to crack cocaine, and the fact that he had been clean for 30 days and was attempting to turn his life around. Then Ms Christopher mentioned a letter written by the victim to the court, pleading for Simmons to be dealt with leniently.
Acting Magistrate Tyrone Chin read part of the handwritten letter aloud to the court. "He's a victim of substance abuse," the woman wrote. "He has shown remorse and has apologised to me many times. Your Honour, please give the man before you a chance."
"She says she still loves you, that you're not a bad person," Mr. Chin added to Simmons. "How does that make you feel?"
Ms Clarke rose to point out that athough the Crown had been prepared to be lenient with Simmons, at the time of the assault, Simmons was in clean from drugs - and she therefore saw no reason for leniency. Ms Christopher, citing the special circumstances of the situation, asked the judge for a suspended sentence.
Mr. Chin appeared to be stuck between a rock and a hard place, saying: "Are you looking for work or just looking to get well?"
When Simmons replied that he was concentrating on getting better, Mr. Chin agreed with his choice.
"That's a 24-7 job," he said.
He then gave Simmons a sentence of six months suspended for three years. "You are in control of your own destiny," he told Simmons. "It is in your hands."
