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David Powell

Name:
Powell, David Bennett

Date of Booking:
11/10/2022

Reason(s) For Booking:
Criminal Trespass (Family Violence) – Damage of $500 or less

Battery- Family Violence (1st offense) MISD

Cruelty to Children-Intentionally allow child to witness Forcible Felony/Battery/Family Violence Battery

Simple Assault-Family Violence

Battery- Family Violence (1st offense) MISD

Terroristic Threats and Acts (Felony)

Cruelty to Children-Deprivation of Necessary Sustenance-1st Degree

Aggravated Assault

False Imprisonment

Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]

[NARRATIVE #1 on November 10, 2022]

On 11/10/2022 at approximately 1942 hours, I was dispatched to [800 BLOCK] Eastmont Road in reference to a physical domestic in progress. Dispatch stated the caller’s brother and father were physically fighting with each other in the basement of the home. I drove code 3.

Upon arrival to the neighborhood I noticed a light colored van pass by me leaving the area near the [800 BLOCK] block. I entered the residence and met with the caller, [WITNESS #1]. She said she was not sure where her father was but pointed out the basement to me. I went into the basement and heard a female crying. I saw a female on the ground, later identified as [VICTIM #1]. I asked where her husband was. She said she was not sure but he might have left in a gold Toyota van if he was not upstairs. I relayed this to other units, and Deputy Bond said he observed the van turn north out of the neighborhood towards Jackson County. I had other patrol units began to search the area for the suspect, who was identified as David Powell.

I asked [VICTIM #1] if she was injured or needed medical attention, she originally stated no. Later it would be found she did have a visible injury from the incident. I asked her what took place this evening. She said the issue with her husband started when they were at Walgreens in separate vehicles. She explained he came to help her with pumping gas after they left Walgreens and he was driving erratic, passing her multiple times on the roadway. She said she was “freaked out” by his driving and did not know why he was driving that way. When they got to the gas station he said he looked angry but then got into his vehicle and left. She said she lost her credit card after pumping gas. Once they were back home, she stayed in her vehicle and was upset over the credit card and over how he was acting, and David went inside.

Once [VICTIM #1] went back inside she said she heard something in the basement. She walked downstairs and saw their 16-year-old son hitting David with a foam karate stick. She said she saw the foam padding come off, making the stick plastic instead of foam when he hit him with it. She told David it looked like it was an accident. She said that David tackled the juvenile to the ground over and over, pinning him down each time he would get up. During the altercation, David shouted that he was going to kill the juvenile. She said the manor in which this was said scared her and she became in fear for her son, so she tried to break them up.

She said David shoved her backwards, causing her to fall to the ground. Later, she showed that he left marks on her when he shoved her, which were observed on her ribcage area and appeared to be 4 red finger scratches a few inches in length. She said she believed he scratched her on purpose because she has a skin condition where her skin is extremely frail. She said when he shoved her he scratched her as he pulled his hand away.

[VICTIM #1] stated that when David shouted he was going to kill the juvenile, she saw he had him (the juvenile) in a “chokehold,” and made a motion with her arm around her neck. She mentioned that the juvenile had his head down, protecting his throat. After he got loose, he went around a table and near the rear doors in the basement. This is when she said David threw the dumbbell at him. She said at that point she yelled for her son to run and he ran upstairs. She also yelled for her daughter to call 911.

She said once her son left the basement, David asked her why she let him hurt him. She told him she did not think he intentionally hurt him with the foam stick as the foam pad flew off accidently. She said that she did not believe David had been drinking or under the influence of anything this evening. However, she said he has not been taking medication for various medical issues he has.

I spoke with the 16-year-old juvenile intermittently while speaking with [VICTIM #1]. I asked him if he was injured, and he stated no. I asked him to explain what took place. He said after his parents got home he went to find his dad, David, and he found him in the basement. He said David was lying on a futon on his stomach. He said he threw a yoga ball at him and threw a basketball at him a few times and was just trying to get him to get up. He said he hit him in the back with a foam karate stick and the foam came off on accident when he was swinging it around and then he hit him with it. He said after he hit his dad with the plastic stick, he started cussing at him and tackled him to the ground multiple times.

He said at one point David threw a 15 pound dumbbell at him, missing him and striking an interior door, breaking through the door. I saw a hole in the door behind where the juvenile was standing that was approximately 1 foot by 4 inches in size. The hole was in the shape of a dumbbell. I also saw a set of 15 pound metal dumbbells on the floor near us. I asked the juvenile to elaborate on what his mother had said about David having him in a chokehold. He said that David had his arm over his shoulder and made a motion on himself with his own arm around his chest and neck area. He said that he did not have a tight enough grip on him and he was able to squirm away after he grabbed him around the neck from behind. A red mark was observed on the side of his face, which he appeared to have gotten in the altercation.

I went upstairs and briefly spoke with a 9 year old who was also home during the incident. I asked him if he heard anything and he said that he did hear a lot of yelling but did not elaborate any further. I stepped outside and spoke with Deputy Bond, who had spoken with the caller, [WITNESS #1] (reference case supplemental for more detail). He said she heard yelling and screaming, and heard her dad David say, “I’m going to kill him.” She went to the basement and saw David holding down her brother and her mother trying to separate them. She said she called 911 after her mother told her to.

Prior to leaving the scene, I provided [VICTIM #1] with a family violence information pamphlet and explained it to her as well as explaining the TPO process. I asked her to call BCSO if David returned, as he would have warrants for his arrest. Photos were taken of her injuries, the juvenile’s facial injury, the broken door, the dumbbells, and the foam/plastic stick. I exited the home and returned to my patrol car. I parked one house down to begin paperwork.

Deputy Crosby, who was at the front of the subdivision radioed that David was coming back to the house. A gold van then pulled into the driveway and stopped. I activated my blue lights and got the driver out at gunpoint. He complied with commands to exit with his hands up and place them on the hood. I secured him in double locked handcuffs (two pairs) which were checked for fit. I confirmed his name was David Powell, and explained he was under arrest on multiple family violence charges. I searched him and found no contraband. I seatbelted him in the backseat of my patrol car. I transported David to the detention center where I released him to the on duty staff. I searched my backseat before and after transport and nothing was located.

After being searched and placed into a cell, I decided to interview David and get his side of the incident. He was brought into the booking interview room with me and I turned my body camera back on. I explained his Miranda Rights and asked if he understood them. He said yes. I asked if he would be willing to speak with me without a lawyer present, he said he would. I told him I had obviously spoken with everyone at the residence for a while but wanted his side of the incident. I asked him if he could explain what happened.

David said after Walgreens he met his wife at a gas station to help her with it. He said she was already pumping gas, so he left and went home. Once he got home, he said he was in pain from a toothache and wanted to lie down. He also explained he was having blood pressure issues today and has also not been taking his blood pressure medication for several months. Once he got home he laid down on the futon in the basement to try and go to sleep.

He said his 16-year-old son came down and started telling him to get up. He said he hit him with a basketball a few times and then he started hitting him with a foam karate pad. He said while he was hitting him the pad came off and he was struck with the stick twice. He said he started wrestling his son to get the stick away which he did. He said he was mad and picked up a dumbbell and threw it through the basement door. He said if he wanted to hit his son with it he would have but he only threw it because he was upset. After he saw his daughter was calling 911, he said he left because he “didn’t want to deal with that tonight.”

I asked David if I could see his back where he was struck. He removed his shirt and I saw two red marks, one on his lower back and one on his shoulder. I asked him why he left as I was pulling up. He said he was not thinking straight due to OCD and anxiety. He said he did not think he did anything wrong but needed time to process what was going on. He denied driving erratic coming back from the gas station.

When asked if he said he would kill the juvenile, he said that he couldn’t remember what he said while they were wrestling. But he said he could have said it but was not sure. He said he was not trying to kill his son at any point. He also denied shoving his wife. He said she sat down on the floor at one point, but he never said he touched her. Nothing further was asked and David had no further statements to make at this point so I concluded the interview.

During my investigation probable cause was established to believe multiple family violence offenses occurred. Warrants will be secured for the following offenses: aggravated assault, terroristic threats, false imprisonment, cruelty to children in the first degree, two counts of battery, simple assault, cruelty to children in the third degree, criminal trespass – property damage.

[End of Narrative]

[NARRATIVE #2 on November 10, 2022]

On November 10, 2022, at 1942 hours, I responded code 3 to [800 BLOCK] Eastmont Rd, in reference to a physical domestic in progress. Lt. Guest S-20 was first on the scene, I was shortly behind him. As I arrived on the scene, Lt Guest gave out radio traffic that the male suspect, David Powell (dad), had left the scene in a silver minivan. I saw this minivan on my way into the neighborhood, it turned northbound on Jefferson Hwy. I turned around and attempted to locate this vehicle but was not successful.

I returned to the scene; Lt Guest had taken lead on the investigation. While Lt. Guest interviewed the 16 year old juevnile victim and [VICTIM #1], I took photographs of a damaged door. I also noticed some bruising on the juvenile’s face that I photographed. All photographs were sent to Lt. Guest.

I then interviewed [WITNESS #1]. [WITNESS #1] stated she was upstairs when she heard yelling. [WITNESS #1] had an ankle injury and did not want to go downstairs and get involved. After a while of screaming and yelling, it seemed like the argument was getting bad. [WITNESS #1] stated she heard David (dad) yell “I’m going to kill him”. [WITNESS #1] went downstairs and saw David (dad) had the juvenile pinned on the ground. [VICTIM #1] was downstairs too and was attempting to pull David (dad) off him. [VICTIM #1] then told [WITNESS #1] to call 911. [WITNESS #1] went back upstairs and called 911 and waited upstairs for deputies to arrive.

[End of Narrative]