Jealousy – Not Mental Illness – Led To Domestic Violence

The Louisiana Attorney Disciplinary Board proposes a two-year suspension for a domestic violence crime

At approximately 2:00 a.m. on the morning of March 4, 2017, the Respondent drove his vehicle to the home of SD with his children in his vehicle after returning from a ski trip in Colorado. Believing that SD was in her rental home with a male guest, without permission or authority, Respondent kicked in the locked front door of SD ‘s dwelling, entered the inhabited dwelling, and located his wife and her male guest. After pushing his wife aside, the Respondent committed a physical battery upon her male guest. When SD attempted to intercede, Respondent battered/pushed her once again until such time as SD could persuade the Respondent to leave the residence.

The Respondent did so and drove to the marital home where he retrieved his wife’s clothing articles and returned with the minor children yet in the vehicle to her dwelling tossing her clothes on the front lawn and driveway area. After departing briefly, Respondent returned to his wife’s dwelling where, after attempting unsuccessfully to gain entry into her vehicle in order to retrieve items belonging to the children, he secured a nearby cement object/block and smashed it through the driver side rear side window. During the process of attempting to stop Respondent from damaging the vehicle, SD was again struck and pushed by Respondent while the children were in his vehicle crying.

The Respondent was arrested on multiple counts including domestic abuse battery in violation of R.S. 14:35.3(1), simple battery in violation of R.S. 14:35, and criminal damage to property in violation of R.S. 14:56. Moreover, Respondent’s conduct also included home invasion in violation of R.S. 14:62.8 and entry into an inhabited dwelling, a felony.

He was admitted to a pretrial intervention program and was not criminally prosecuted.

The board

Respondent’s actions caused serious harm including damage to the front door of his wife’s home, damage to a window of his wife’s vehicle, physical injury to his wife’s male guest, simple battery to his wife, and upset to his minor children. Further, his actions created the potential for even more serious harm. Respondent’s forcible entry into his wife’s home at 2:00a.m. could have resulted in even greater physical injuries, or potentially death, to the inhabitants of the home or himself. And while the evidence thankfully indicates that the children have experienced no lingering effects from what they heard that evening, Respondent’s misconduct created the potential for harmful psychological ramifications for his children. Furthermore, Respondent’s actions and the resulting publicity reflect adversely on the profession as a whole.

Mental disability was not the reason for the misconduct

During a sworn statement given in this matter on September 1, 2017, Respondent provided the following testimony in response to questioning by Mr. Plattsmier:

Q. Look at me straight in the eye and tell me what you believe the real cause was for you kicking in that door, jealousy?

A. Yes.

Ex. ODC 10, pp. 61-62 (Bates Nos. 315-316).

When cross-examined about the above answer in his hearing testimony, Respondent added that it was also hurt, anger, betrayal, exhaustion, unclear thinking, fear, “every litany of emotion.” T.l91-192 (3115118).

Two board members would impose a year and a day suspension as recommended by the hearing committee.  (Mike Frisch)