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THE JACKIE W. NIGHTMARE

(Legal Brief) Researched by Kerry Walker
This 16th day of March, 2005
[updated-December 30, 2005]

Jackie W. was extremely rude and controlling at the Holiday Inn Hotel that Saturday night and was upset that I warded off her extreme sexual advances. I had already had nothing but problems with her before and I had found out that she lied about her sobriety date and her sobriety time, and I had ended the relationship, but she talked me into taking her skydiving, as I had already paid for it.

We were to go skydiving Saturday morning and she came over to my house on Friday night. We had already had intimate relations and we ended up having sex Friday night and again Saturday morning. There was something strange about Saturday morning that bothered me.

As we started to have sex she says, “Okay, you want to see a sex maniac? I’ll show you a sex maniac!”, and she had this weird behavioral change, and this behavior shocked me and turned me off completely. As the night went on and into the early morning hours of Sunday she showed signs of psychosis and continued to be extremely rude and controlling and refused any attempt to bring an end to the conflict.

She committed the crime of Battery against me in a Holiday Inn Hotel in Cedartown Georgia about 2:00am Sunday morning on September 16, 2001. According to Code Section 16-5-23.1(a):

“A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.”

Code 16-5-23.1(b) states:

“As used in this Code section, the term ‘visible bodily harm’ means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.”

I started several times to call 911, but because this woman was in a Twelve Step program, I decided to place principles before personalities and call it a lesson learned. This was my biggest mistake, not calling the police from the Holiday Inn in Cedartown. Her threats and control, along with her demands and physical acts of violence in my home later that same day would constitute a forcible felony. According to Code Section 16-1-3(6), this was a ‘Forcible felony’. Code Section 16-1-3(6) states:

“‘Forcible felony’ means any felony which involves the use or threat of physical force or violence against any person.”

In the least case scenario her threats and forceful demands and the fact that she violently jabbed her fingers into my chest, already bruised by her in Cedartown, would constitute Simple Battery. I described this incident to Deputy Johnson when I filed a report and when I got the report this incident was not described in it, although the incident in Cedartown was described. I attempted to contact Deputy Johnson several times and could never get him to return my call. (I’m not stating that this deputy intentionally did this, but another incident does make it likely.)

I remember him asking me if I wanted to press charges on her for this, and I said, “No. I just want to go on with my life.” We then spent the rest of the time talking about skydiving, as he told me about Skydive Monroe. (He just probably forgot about it since I said I did not want to press charges.)

It is a note of interest that William Bret Painter was the officer that reviewed this report. I have had nothing but prejudice against me by this man in dealing with him. He was always on the side of the woman and would not give a damn about what really went on. . I know for a fact that William Bret Painter, the Deputy that reviewed this report, does not care for me and has made it clear in some other dealings that he was never on my side.

I wrote a pamplet on the facts of the case with Tena McDonnald and Jacky W. on January 12, 2002. I stated in my story the statement:

“I have had to deal with what I feal is extreme prejudice by the State, especially by Cpl.William Bret Painter. His reports are full of untruths as to what happened and his reports misrepresent the truth about the facts in the case.”

Maybe he had something to do with it not getting in there, but I don’t know.

I should also note that on May 19th 2001, I called 911 to file a report on Tena McDonald for Felony False Swearing in a TPO and other Warrant Applications and on harassment by Ms. McDonald and Deputy Kenneth Johnson responded to this call. Deputy Johnson refused to take this report, and as he states in his report on Case Number I 01 50665:

“Each time I informed him I could only put in my report things that were substantiated; things that I saw, heard, or could prove, and it was not permissible for him to dictate what words he wanted a deputy to write in their report.”

I never dictated anything, and I looked into this and his statement is not correct or accurate, and a person does have the right to file a Incident Report on any incident, and it does not have to be anything the deputy “saw, heard, or could prove.” This would be a good reason why he left this information out of this report that I filed on September 16, 2001, because it was not anything that he “saw, heard, or could prove.” This report was also reviewed by William Bret Painter.

Ms. Wagner continued to be violent, aggressive and controlling for the rest of Sunday morning. I finally went to sleep sometime around 4:30 or 5:00 in the morning. I went to the lobby to get some orange juice and coffee around 7:30am Sunday morning, as we were to be at the airport at 8:00 am. I realized that there was no way that I would feel up to doing this skydive as my head was pounding and I had gotten little sleep. When I got downstairs she was sitting on the couch in the lobby watching TV.

As I was walking back towards the room and to the side of where she was sitting she said, “Good morning.”

I stopped and looked at her and pointed to my eye, and said, “Look at this, you gave me a black eye.” She said that she was sorry, and as I walked on in the direction of going back to the room, she got up and began to follow me. Once we got to the room she lay down on the bed and said that she needed to get some sleep. She then demanded that I get the room for another day, so that she could get some sleep. I went and checked out the room for another day, but about twenty minutes later I decided that I was going to leave and I went back and told the receptionist that I had changed my mind.

She was violent and threatening all the way to my home to get my other vehicle and refused to get out of my vehicle when asked. To add to my misery my Jeep overheated while she was yelling at me and threatening me, and I attempted to make it home by stopping and adding water to the Jeep and allowing it to cool off. (She admits that my jeep overheated in her interview, but she said that I stopped to add “oil” to it. This shows this woman’s state of mine as I spent around thirty (30) minutes walking back and forth about 50 feet to a water faucet with a paper cup, adding water to my motor as I allowed it to cool down.)

When I stopped on the way home on Hwy 278 and told her to get out of my vehicle she refused, and then when I was stopped and was putting water in the radiator and allowing the motor to cool down, I again demanded that she get out of my vehicle as she was continuing to be aggressive, violent, and controlling. Again she refused. At one point she was sitting by me and I told her to get in the back seat and she finally did respond after several blatant refusals to do so. After she was in the back seat she continued to run her mouth and when I demanded that she get out she refused, and then I demanded it again and as I did I motioned for her to get out with my arm and, in this gesture, my hand caught the sleeve of her old biker T-shirt and ripped the sleeve. I did not touch her in any way, but my hand just caught her sleeve and I simultaneously grabbed the sleeve of her old and thin T-shirt. I attempted to apologize and offered her another T-shirt, but she violently and stubbornly refused.

I promise before all energy behind creation that this was nothing more than an accident and no harm came to her. I had no criminal intent to rip the sleeve of her shirt. According to Code Section 16-2-2:

“A person shall not be found guilty of any crime committed by misfortune or accident where it satisfactorily appears there was no criminal scheme or undertaking, or intention, or criminal negligence.”

This woman threatened me in my own home later that same Sunday and she refused to have someone come pick her up after I told her that she needed to have someone come and get her, as I did not want her back in a vehicle with me. When I said this to her, she responded by walking up to me and, with her chest out in a stocky stance, and while pocking me violently in my badly bruised chest, she said, “No! Your gonna take me where you found me!”

At this point I felt that I needed to protect myself from this psycho bitch from hell, so in a state of shock and fear, I picked up an unloaded crossbow from the corner of my bedroom and held it at my side pointing at the floor. I am an archery champion and I was saluted by the City of Atlanta for being an outstanding champion in archery when I was just ten years old. I used a standard of care that I have been taught by my father and used all of my life when holding this crossbow, uncocked and unloaded and pointing at the floor.

I then stated, “You’re not going to threaten me in my own home.”

She actually smiled and laughed and stated while still laughing, “What are you gonna do shoot me with the crossbow.” (On the interview with the detective she is actually laughing at one point as she gives her fabricated rendition of this incident of me cocking and loading a crossbow and pointing it at her, and she obviously finds all of this to be very funny and laughable. If this really happened to her, and she feared for her life, I don’t think she would be laughing or have found it to be so funny when describing it.)

At that point I placed the crossbow back in the corner, and went over and picked up the phone and as I was calling 911, she was grabbing for the phone and stated, “No your not gonna call the police.” At that point I sat the phone back down. Then I started walking away and she grabbed the phone and I turned back toward her and she

tossed the phone on to the bed. I went over and picked up the phone off the bed and saw that it was on, so I just hung it up on its holder. She was the one that in fact prevented me from making a 911 call. Nothing at that time nor any other time was done by me to cause her injury, but, rather, I only reacted in a way to show signs of protecting myself from her in my own home.

According to Code Section 16-10-24.3:

“Any person who verbally or physically obstructs, prevents, or hinders another person with intent to cause or allow physical harm or injury to another person making or completing a 911 telephone call to any law enforcement agency to request police protection or toreport the commission of a crime is guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed $1000.00 or imprisonment not to exceed 12 months, or both.”

There was a witness (the man that lived downstairs) at my home minutes after our arrival that communicated with her in the driveway and that communicated with her as we were leaving. He stated that she was sitting in my driveway playing with my dogs, and that she stated something to the effect, while smiling this great big smile from ear to ear and acting as if nothing had happened at all, that it was a “beautiful day and that she was just enjoying playing with Kerry’s dogs.” And then she stated, still smiling, “Nice to meet you.” I even left to go get food for us at a Chinese Restaurant and, after asking my roommate if he wanted anything, I left for around one hour.

If she had been in any fear she could have left or had someone come and get her or called the police, but none of this took place because she was dominating and controlling me. Another case of her mental illness and control came when I told her that I would go get this food. She said, when I asked, that she was starving, and when I asked her for money for her food she said abruptly and with controlling actions, “No, I’m not given you any money, you’re paying for mine!!”

She ordered two full meals and it was after she ate all this food that this confrontation happened in my bedroom. After this confrontation by her and because of her act of aggression, we left and we both past this witness on the front deck as we were leaving, and again, after he asked, “Ya’ll leaving?”, she said with a big smile, “Yea, nice to meet ya--Have a nice day.” Smiling with a big grin the entire time!!!!!!!! If she had been in fear of her life why was she smiling and why did she act as if everything was just fine and like nothing was wrong?

Brief - Page Two

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