When police officers arrived at the scene, they took cover behind a parked vehicle and approached the residence when the wife — who had called 911 — came walking out of the front door. Asked by officers if her husband still had the gun, the wife said he did not have the gun in his hand but he did have access to it.
A few moments later, according to a GPD incident report, the husband came walking outside, too. He immediately complied with officers ordering him to lie face-down on the ground and not move, as they approached and handcuffed him.
The wife stated to police that her husband was upset about her having an affair and pointed a pistol in her face while they were arguing. She further stated that her husband had choked her and twisted her arm, though officers noted in the report that they didn’t see marks on her.
Meanwhile, police transported the husband to Spalding County Jail, telling him that he was being charged with family violence and aggravated assault with a firearm, though the investigation was still ongoing.
The husband told officers that he had not touched his wife, much less pointed a gun at her. In fact, he said, his wife was the last one to touch the gun a few nights prior to the incident when she thought she had heard someone outside.
The husband further stated he believed that him being arrested after confronting her about her affair was her way of having him removed, so that she could move away.
As officers returned to the location of the incident to retrieve the wife’s statement, they noticed that she appeared calm and did not act like a victim. Rather, officers noted, she appeared to be angry because she was being questioned by police.
Listening to the 911 call the wife had made, officers concluded that it didn’t sound as if any type of fight was in progress. Instead, it sounded as if the husband was far in the background during the 911 call and that he asked his wife what she was doing.
When the officers were speaking to the wife again, she asked officers if her husband got out of jail and whether he was coming home. When told that her one-sentence written statement did not reflect what she had told police earlier, the wife responded that it was all she had and wished to leave.
The following day, officers met with two Spalding County Magistrate Court judges to discuss the case. The judges decided that there was not enough physical evidence to obtain warrants for the husband — a decision with which officers agreed.
The husband was then released from jail, and all charges against him were dropped.