Gallatin County man's conviction is the first under a 2019 strangulation law - WKRC TV Cincinnati
GALLATIN COUNTY, Ky. (WKRC) - As the strangulation death of Gabby Petitio continues to make national headlines, local courts are starting to see cases under a law that toughens penalties for trying to strangle someone, as a way to protect victims of domestic violence.
A milestone in one Gallatin County courtroom, as Tuesday evening marked the first guilty verdict for a strangulation case which dates back to 2019.
“I'd like to say it's a big step because as I said, the law just went into effect in 2019, Kentucky was the 48th state to enact the strangulation statute,” Bill Knoebel, Assistant Commonwealth Attorney for the 54th Judicial Circuit said.
Knoebel says the pandemic slowed the process of calling the case.
“The delay became a huge benefit to me as the prosecutor because most of us had no idea back in July of 2019 how to prosecute these cases,” Knoebel said. “How to present the evidence, how to deal with victims; and so the delays really allowed me an opportunity as I said to collaborate with other prosecutors, talk with expert witnesses, work with the same nurse examiners at St. Elizabeth who specialize in forensic investigation of victims of domestic abuse, and learn about the dynamics of strangulation and educate the judge, educate the jury about what strangulation really is.”
Knoebel says strangulation cases are still prevalent today.
“Unfortunately on my desk, just since January we've indicted 45 felony strangulation cases, so this is a recurring and frequent problem throughout our circuit and I'm confident throughout the commonwealth,” Knoebel said.
In the 2019 case, a Gallatin County jury found the defendant, Robert McGinnis guilty of strangulation in the second degree.
Knoebel says McGinnis strangled his female victim until she was unconscious.
He will serve 2.5 years.
Prior to July 2019, this would not have even been a felony case.
Knoebel says given there was no permanent injury, they would only have been able to convict McGinnis of misdemeanor assault.
“In 50% of the cases there are no visible marks, but when the perpetrator puts his hands around their throat, it doesn't take that much pressure or that long of period of time only 6.8 seconds to render them unconscious. And this new law gave us that opportunity which we didn't have two years ago,’ Knoebel said.
According to the National Domestic Violence Hotline, strangulation is a significant predictor of future lethal violence, and if your partner has strangled you in the past, your risk of being killed by them is ten times higher.
Christy Burch, CEO of the Ion Center for Violence Prevention believes this law will play a role in reducing domestic violence.
“I think the more that folks can see how dangerous this is, The more that prosecutors and law-enforcement that folks are willing to see this and charge folks with it and hold them accountable I think we will reduce violence, and we certainly hope to reduce that lethal violence which we know can so often, if somebody strangles someone there so much more likely to do it again,” Burch said. “It sends a really clear message to victims that we believe them, we know how serious strangulation is, we know that strangulation in domestic violence is a huge predictor of attempted murder, or actual homicide, and so to be able to have our state, to have our prosecutors like Bill Knoebel take that seriously, our law enforcement, send them for those exams, it sends that clear message to survivors that we are here to support you and that this isn't ok.”
The Ion Center for Violence Prevention offers 24/7 victim support free of charge.
You can call or text their hotline at 859-491-3335
source: https://local12.com/news/local/gallatin-county-jury-convicts-man-of-strangulation-under-new-law-cincinnati-ohio-kentucky-robert-mcginnis-crime-bill-knoebel
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