John Gilstrap

Name:
Gilstrap, John Richard, Jr

Date of Booking:
03/02/2025

Reason(s) For Booking:
Cruelty to Children, <18YOA Present/Hears Act of Forcible Felony/Batt/FV Batt-3rd Degree

Aggravated Battery (Family Violence)

Aggravated Assault (Family Violence)

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.]

On 3/2/2025 I responded Code 1 non-emergency to [1000 BLOCK] Blakewood Ct in reference to a Domestic Dispute.

Upon arrival a male identified as John Gilstrap answered the door. Immediately upon answering the door I observe John wearing a red shirt with what appeared to be dried vomit, or some kind of sauce on the bottom of it. Upon John answering the door Deputy Cruz and I stated that we received a call about some yelling from the address. John stated that he and his wife, [VICTIM #1], had gotten home from a movie and had been having a “random” night since they got home during the afternoon. He stated that they had spent the afternoon after getting home playing games, that there would have been some random yelling inside the home. At that time John went inside to retrieve his wife [VICTIM #1] to have her step outside to speak to Deputy Cruz.

While speaking with Deputy Cruz, [VICTIM #1] states that she is covered in spaghetti sauce and blood. When asked why, she stated that her husband John chokes her out until she cannot talk. After stepping off of the front porch back into the house, Deputy Cruz and I began to ask [VICTIM #1] questions about the events that took place. She stated that her husband had been drinking earlier in the evening. She stated she then took the bottles of liquor that he had left in the home, combined them into one bottle and placed that bottle under a pillow in the bedroom. She then stated she went to Dollar General with her children to get them some chips and salsa for the night. Upon arriving back she stated that she was attempting to show John the stuffed animals, at which time he stated something to the affect of “I don’t give a fu*king sh*t” and grabbed her head. She initially stated she did not remember anything from that time until she awoke in the bedroom floor. After speaking with her more about the incident, she stated that as he grabbed the back of her head, he slammed it into the granite counter top in the kitchen. She stated at that time she lost consciousness and awoke to John on top of her in her face. She stated she then went into the bathroom where she locked herself in until Law Enforcement arrived.

[VICTIM #1] had a raised knot approximately the size of a golf ball on the rear of her head that had fresh blood on the surface of it. [VICTIM #1] stated she was unaware if it happened when her head was hit into the kitchen counter or whether it occurred in the bedroom as she was unconscious. [VICTIM #1] also had dried vomit on her face and there was dried vomit on the bathroom counter. She stated it is common for her to get sick when John chokes her.

I then walked back outside to speak with John about the argument that occurred tonight. John stated that he and his wife practice swinging in their personal lives. He stated that the argument was over some infidelity that he had experienced with his wife in the past. He stated that the argument was verbal only and that upon Law Enforcement’s arrival on scene the argument had well concluded and he was actively cleaning the spaghetti sauce that he got upset and threw at the wall. Upon speaking to [VICTIM #1] during the investigation, I observed a camera set up in the living room and in the bed room. At this time I asked John if the living room camera worked, to which she opened his cell phone and showed me that the camera appeared non-operational. At this time John made a statement to the affect of “he understands the situation we (law enforcement) are being put in by him being 6’4″ 260 pounds and there being some other ambiguous sh*t.” He stated he would be willing to call his mother or other family members to remove himself from the situation tonight if need be. At that time I detained John by placing him in proper-fit double locked handcuffs to the rear of his person, performed a terry frisk of his person yielding negative results for weapons, and placed him into the back seat of Deputy Wilkins’ patrol vehicle.

After speaking with [VICTIM #1] more inside the home I walked back out to Deputy Wilkins’ patrol vehicle and advised John of his Miranda Rights. John stated that he did understand his rights and agreed to answer my questions on scene without a lawyer present. At that time I asked John what occurred in the bedroom tonight, as I observed the dry vomit on his wife’s mouth and the knot on the back of her head. He stated that he and his wife have rough sexual intercourse on a normal basis. He stated that during the rough intercourse, that she must have sustained that wound. He also stated that the head wound was pre-existing from a cyst that she has a surgery scheduled for, and that it was on her head two days prior to tonight, stating the wound was not fresh. I observed the wound having fresh blood leading me to believe the wound happened tonight, and I observed the wound where the cyst was which is in a completely different location on her head. I then asked John if the camera in the bedroom was functional and would have captured tonight’s events. He stated the camera was non-operational due to the batteries in it being dead. Due to the possibility of the cameras in the home being operational and possibly capturing video evidence of the dispute, I seized John’s phone where it was placed into evidence. I finished asking John questions and instructed him to have a seat in the back seat of the patrol vehicle.

After walking back inside, I spoke with two subjects, [VICTIM #1]’s mother and daughter. [VICTIM #1]’s daughter, [WITNESS #1], stated that she observed the argument between her mother and step-father. She stated that she observed her mother and father arguing in the kitchen and stumbling on each other towards the bedroom. She stated that while they were stumbling towards the bedroom her step father picked up a jar of spaghetti sauce and threw it against the wall, but that it was not aimed at nor did it hit anybody. She stated she then went back to her room to get her boyfriend, at which time she returned to the living room to observe her step-father on top of her mother covering her mouth. She stated John then walked into her room after the argument was over and stated the only reason he covered [VICTIM #1]’s mouth was so that she and her siblings could not hear her mother scream. I then spoke with [VICTIM #1]’s mother [WITNESS #2]. Ms. [WITNESS #2] stated that she came into the living room and observed John on top of her daughter at the end of their bed, presumably choking her.

[VICTIM #1] was treated on scene for concussion like symptoms due to the head injury she sustained and vomiting. She was transported by BCEMS Med 3 to Piedmont Athens to receive further treatment. I walked back outside at that time to Deputy Wilkins’ patrol car. I had John step out of the vehicle and notified him he was being placed under arrest. I ensured proper-fit on his handcuffs, securing him in a second set for transport and searched him incident to arrest yielding negative results for contraband. I secured him in a lap and shoulder belt then Deputy Wilkins transported him to Barrow County Detention Center. John was turned over to Detention staff without incident. John was placed under arrest for OCGA 16-5-24 Aggravated Battery Family Violence, OCGA 16-5-21 Aggravated Assault Family Violence, and OCGA 16-5-70 Cruelty to Children 3rd Degree.

I provided [VICTIM #1] a victim pamphlet containing the case number for the incident. All testimony, injuries, and medical assessments were captured by body worn camera by Deputies on scene. No additional pictures or physical witness statements were completed on scene.

[End of Narrative]