By NEIL HARVEY
A Franklin County man who was shot by a female acquaintance during a fight last year has been found guilty of assaulting her.
Sheriff’s deputies responded early Jan. 7 to a camper parked in a wooded area near Wirtz and Bonbrook Mill roads.
Todd Mitchell Davis, 48, had been hit by a single gunshot that struck him first in the hand, then in the head, Capt. Phillip Young said at the time. Davis was briefly hospitalized.
Police at the scene charged 46-year-old Kimberly Ann Morgan with malicious wounding and use of a firearm, but over the summer those charges were dropped. Prosecutors last week said they believe Morgan acted in self-defense, and they pursued a case against Davis for attempted rape, assault and trespassing.
On Friday, the matter went to a two-hour bench trial in Franklin County Circuit Court.
In testimony, Morgan detailed a stormy friendship with Davis; she maintained he’d dropped by her camper late that night and said he soon tried to force himself on her, in part by drawing a knife. She said he tore at her clothes, but she drew a .38-caliber pistol and shot at him once, then called 911. Body camera recordings from the scene were played in court, and Davis could be heard being uncooperative with deputies and initially declaring his injuries had come from being stabbed.
Davis took the stand Friday, too, and claimed he and Morgan had spent hours together that night, drinking strawberry moonshine. He said she tried to force him to leave when he was too drunk to drive, which he said sparked the argument that led to the gunshot.
Judge James Reynolds said he did not believe the evidence supported the attempted rape charge. He found Davis guilty of misdemeanor assault and sentenced him to serve 12 months in jail and pay a $2,500 fine.
A prior conviction for assault in Franklin County in 2013 brought Davis an eight-month jail term. He is also due Thursday in Franklin County General District Court to face a May charge of driving after being declared a habitual offender.