Page 161 - CFDI Guide

Asphyxia Death (7)

Within an hour post-incident, the reporting victim stated to her mother her co-habitating boyfriend attacked her at

home, then choked her from in front with his hands. She did not black out, and stated her vision was black during and
after. She had difficulty talking after. The mother took photographs with her cell phone and they went to the police, who
then transported the victim to the hospital for a SANE exam. No photographs were taken by law enforcement or at the

hospital; daily photographs taken by mother. The SANE nurse reported injuries consistent with an assault and choking.

The victim was not seen by a hospitalist (physician), no imaging and no admitting toxicology.

The defendant was contacted and interviewed at the police station. Photographs were taken. He had several scratching
abrasions to his face and neck, which were not healed or scabbed. He stated they had a verbal argument over his

drinking and then she left. He was angry when she left.

The medical record for the victim was limited to admitting and the SANE examination. In the admitting record she stated
her sense of danger was elevated and the assessment score was Increased Danger. The SANE exam showed minor

contusions and an abrasion to the back and shoulder, with swelling and associated pain to the face and neck.

No evidence kit was otherwise collected for the victim or defendant. The defendant was not examined by a physician.
No hospital photographs of the victim were taken, including UV to enhance evidence of latent contusions. There was

evidence consistent with connecting the defendant to having been recently involved in a physical altercation. He stated
he had not been at any time.

Asphyxia Death (8)

The victim and defendant were seen arguing and fighting in a motel parking lot. The victim then went to a room and the
defendant left. A short time later he was seen entering the room. The victim reported the defendant pinned her to the

bed and manually choked her from the front with his hands. She fought back and kicked at him until he got off of her
and left. She then called 911. She stated she was choked for about eight seconds, could not breathe and it caused pain.

Responding officers noted a cut above her right eye, which was swollen; the victim stated this was from three days
earlier. She stated the argument was about going to the hospital, she was worried about an infection and he would not

take her. The defendant was contacted in the parking lot and said they had argued, but he did not touch her – he only

hugged her to apologize. He then kissed her on the neck and gave her a hickey.

The victim was taken to the hospital and examined, with photographs by both law enforcement and the hospital. At the

hospital she stated the defendant was yelling and spitting while he choked her, and she did not lose consciousness. The

physician did not find any serious bodily injury. The physician did report injuries to the neck consistent with hands being

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