Woman acquitted of beating up her former husband
A woman was acquitted yesterday of allegations that she beat up her former husband, who is a police officer, during an argument at their home in Kannat Tabla.
At a bench trial, Superior Court Associate Judge Joseph N. Camacho found 30-year-old Farah Jane Reyes not guilty of assault and battery and disturbing the peace.
Camacho said the government failed to prove beyond reasonable doubt that Farah Reyes’ physical contact with police officer Rick Reyes was unlawful.
He said the government also failed to prove beyond reasonable doubt that Farah Reyes’ actions to stop Rick Reyes from unilaterally taking their two children disturbed Rick Reyes’ peace.
“The court is convinced that when Farah Reyes was making physical contact with Rick Reyes’ back and neck, it was for the purpose of preventing him from unilaterally taking the children,” said Camacho.
After the judge announced his decision, the tearful Farah Reyes hugged her counsel, assistant public defender Tillman Clark.
At the trial, assistant attorney general Barbara Cepeda called to the stand police officer Ralph Rangamar, Rick Reyes, and the couple’s 9-year-old daughter.
Rangamar testified that he responded to a 911 call about a domestic violence at a residence in Kannat Tabla in the morning of July 8, 2015. Rangamar said he met with Rick Reyes, who had a scratch on his neck. He stated that he did not see any injuries on Farah Reyes, who was about 20 feet away from him.
Rick Reyes testified that he had an on-again, off-again relationship with Farah Reyes and that they have two children.
He said he had just gotten home from work on July 8 when he and Farah Reyes began arguing. Rick Reyes said he got upset when Farah Reyes told their 9-year-old daughter to get cigarettes from a neighbor. He said it was raining at the time.
Farah Reyes told Rick Reyes to leave the house. While carrying their baby in his arm, he stated he was going to take the children with him.
Rick Reyes testified that Farah Reyes hit and grabbed his back more than 10 times. He said she did not want him to take the children. He testified that while attacking him, she also hit the head of their son and kicked their daughter.
Rick Reyes said he just wanted to keep the children safe from Farah Reyes.
The 9-year-old daughter testified that during the argument, she saw her father standing over her mother, who was on the ground. She said her father had the baby in his arm.
The daughter also testified that her mother ran out and that she did not see her mother do anything to her father.
After the daughter completed her testimony, Cepeda rested the government’s case.
Assistant public defender Clark, counsel for Farah Reyes, moved for a judgment of acquittal.
In granting the motion for acquittal, Camacho said both parents have legal and physical custody of both children.
“This court does not tolerate domestic violence. The question is: Is trying to stop a person from leaving with your children an act of domestic violence?” Camacho said.
The judge pointed out that because Rick Reyes at the time did not have sole legal and physical custody of the children, Farah Reyes’ actions to prevent Rick Reyes from taking the children was understandable.
Camacho said Rick Reyes cannot unilaterally deny another parent’s legal rights to her children—not without a formal hearing and court order.
Camacho said the proper venue to resolve physical and legal custody of children is in Judge Kenneth L. Govendo’s family court.
Camacho said a criminal court is geared to determining if someone broke a criminal law and for that person to be punished.
Whatever happens to Rick and Farah Reyes—whether they stay together or separate completely—they should obtain counseling, if not for themselves, then for the two children, Camacho said.
“The utmost important thing is the two children, and these two parents need to put aside their petty bickering and focus on the two young children,” Camacho said.
When asked for comments, Clark later stated that Camacho made the right decision. Assistant attorney general Cepeda refused to comment.