Victim provided credible evidence about assault

The victim provided credible evidence that appellant beat her on two different occasions after she initially refused to drive him to an automotive race track.

Delayed report

The victim, Garver, appellant Sturdy’s live-in girlfriend, testified that the first assault occurred on Oct. 24, 2020. The second occurred on Oct. 25. Although there were several opportunities to report the assaults to the police, Garver did not do so until Oct. 28.

“Garver later testified that she did not tell police officers present at Langley Speedway on either day because she did not trust the police. She also explained that no one could see her injuries because she had long hair and was wearing a long-sleeved hoodie. …

“At trial, Garver testified that photographs taken by the police, which showed bruising on her arms and face, were a result of Sturdy hitting her arms and beating her face into the concrete floor.

“At the conclusion of the Commonwealth’s evidence, Sturdy moved to strike, alleging that Garver had exaggerated the altercation with Sturdy.

“He argued that neither the officers who came to their home nor anyone at Langley Speedway noticed her alleged injuries. Sturdy also pointed out the delayed reporting of the incident and the failure of Garver to inform law enforcement when she first had the opportunity to do so at their home or at Langley Speedway.

“Citing the photographs of the injuries and Garver’s testimony, the trial court denied the motion to strike.”

Sturdy appeals his convictions of two counts of assault and battery.

Credibility

“[T]he trial court had the opportunity to weigh the testimony of Garver and view the photographs of her injuries. ‘The credibility of the witnesses and the weight accorded the evidence are matters solely for the [trial court] who has the opportunity to see and hear that evidence as it is presented.’ …

“While Sturdy argues that Garver exaggerated her injuries, the trial court ultimately concluded that Garver’s testimony was credible. ‘The fact finder, who has the opportunity to see and hear the witnesses, has the sole responsibility to determine their credibility, the weight to be given their testimony, and the inferences to be drawn from proven facts.’

“Considering the record in this case, the trial court was not plainly wrong in finding Garver’s testimony credible, nor in rejecting Sturdy’s theories and ultimately convicting him of two counts of assault and battery.”

Affirmed.

Sturdy v. Commonwealth, Record No. 1281-21-1, June 14, 2022. CAV (Athey) From the Circuit Court of the City of Hampton (Gaten). Charles E. Haden for appellant. Stephen J. Sovinsky for appellee. VLW 022-7-196, 4 pp. Unpublished opinion.