SHE MAY HAVE BEEN DRUNK, BUT NOT COMBATIVE; FATHER IN LAW DROVE HER HOME

Naya Rivera's Husband did not Require Medical Attention, According to Kanawha County Sheriff Department Statement

Updated 32 weeks ago Edited from a Press Release
Rivera Mugshot
Rivera Mugshot

A release from the Charleston Police
Department concerning the arrest of former "Glee" star Naya Rivera:

"Attached is a mugshot taken during the arrest of Ms. Rivera last night.

Several reporters have asked what led to the altercation. While we will not release details of the incident beyond what is in the criminal complaint (charging document), we will say the two were arguing over their child.

The victim’s incidents did not require medical attention (emphasis added by HNN).

The 911 call records may be released in the coming days after consultation with Metro 911 Center and the Kanawha County Prosecuting Attorney’s Office.

Sergeant B. D. Humphreys
Kanawha County Sheriff's Office"

 

According to the Sheriff's Department, the 911 call by Dorsey  came from inside his parent's  home. The responding officer said Rivera was inebriated, but not combative when she was taken into custody. She allegedly hit Dorsey in the head and bottom lip. The responding officer saw minor injuries consistent with the statement(s) and a cell phone video. He did not require medical attention.

Humphrey's indicated that the cell phone video was a key factor in the charge.

Rivera and Dorsey were visiting Dorsey's family for the holidays.  She is a native of Woodland Hills, California.  He is from Chesapeake, WV. 

 

Based on prior media reports, her father-in-law picked her up at the court following the arraignment. Reports do not indicate that a protective order was issued.

During a news conference, Humphrey's added,  "I don't think that domestic violence is a one-sided problem where only men are aggressors and only women are victims. That's not the case, regardless of who commits a crime, regardless of their sex, race or their socioeconomic conditions, we're going to try to arrest the person who committed the crime."

Rivera is best known for her series "Glee." Dorsey has been seen on "Pitch" and "Nashville."

A hearing will be scheduled.

 

***

Note: The following is the legislative description of when an officer may make an arrest for domestic violence without a warrant:  (Supplied by HNN)

§48-27-1002. Arrest in domestic violence matters; conditions.
(a) Notwithstanding any provision of this code to the contrary, if a person is alleged to have committed a violation of the provisions of subsection (a) or (b), section twenty-eight, article two, chapter sixty-one of this code against a family or household member, in addition to any other authority to arrest granted by this code, a law-enforcement officer has authority to arrest that person without first obtaining a warrant if:

(1) The law-enforcement officer has observed credible corroborative evidence that an offense has occurred; and either:

(2) The law-enforcement officer has received, from the victim or a witness, an oral or written allegation of facts constituting a violation of section twenty-eight, article two, chapter sixty-one of this code; or

(3) The law-enforcement officer has observed credible evidence that the accused committed the offense.

(b) For purposes of this section, credible corroborative evidence means evidence that is worthy of belief and corresponds to the allegations of one or more elements of the offense and may include, but is not limited to, the following:

(1) Condition of the alleged victim. -- One or more contusions, scratches, cuts, abrasions, or swellings; missing hair; torn clothing or clothing in disarray consistent with a struggle; observable difficulty in breathing or breathlessness consistent with the effects of choking or a body blow; observable difficulty in movement consistent with the effects of a body blow or other unlawful physical contact. (emphasis added)

(2) Condition of the accused. -- Physical injury or other conditions similar to those set out for the condition of the victim which are consistent with the alleged offense or alleged acts of self-defense by the victim.

(3) Condition of the scene. -- Damaged premises or furnishings; disarray or misplaced objects consistent with the effects of a struggle.

(4) Other conditions. -- Statements by the accused admitting one or more elements of the offense; threats made by the accused in the presence of an officer; audible evidence of a disturbance heard by the dispatcher or other agent receiving the request for police assistance; written statements by witnesses.

(c) Whenever any person is arrested pursuant to subsection (a) of this section, the arrested person shall be taken before a magistrate within the county in which the offense charged is alleged to have been committed in a manner consistent with the provisions of Rule 1 of the Administrative Rules for the Magistrate Courts of West Virginia.

(d) If an arrest for a violation of subsection (c), section twenty-eight, article two, chapter sixty-one of this code is authorized pursuant to this section, that fact constitutes prima facie evidence that the accused constitutes a threat or danger to the victim or other family or household members for the purpose of setting conditions of bail pursuant to section seventeen-c, article one-c, chapter sixty-two of this code. (emphasis added)

(e) Whenever any person is arrested pursuant to the provisions of this article or for a violation of an order issued pursuant to section five hundred nine or subsections (b) and (c), of section six hundred eight, article five of this chapter the arresting officer, subject to the requirements of the Constitutions of this state and of the United States:

(1) Shall seize all weapons that are alleged to have been involved or threatened to be used in the commission of domestic violence;

(2) May seize a weapon that is in plain view of the officer or was discovered pursuant to a consensual search, as necessary for the protection of the officer or other persons; and

(3) May seize all weapons that are possessed in violation of a valid protective order.

***

§61-2-28. Domestic violence -- Criminal acts.

     (a) Domestic battery. -- Any person who unlawfully and intentionally makes physical contact force capable of causing physical pain or injury to his or her family or household member or unlawfully and intentionally causes physical harm to his or her family or household member, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than twelve months, or fined not more than $500, or both fined and confined. (emphasis added)

     (b) Domestic assault. -- Any person who unlawfully attempts to use force capable of causing physical pain or injury against his or her family or household member or unlawfully commits an act that places his or her family or household member in reasonable apprehension of immediately suffering physical pain or injury, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months, or fined not more than $100, or both fined and confined.

 

Comments powered by Disqus