We learned more about the context of Daugherty’s comments by watching the county’s posted video of the session. SOURCE: Video posted on Facebook by David Holmes, Oct. I mean, and I don’t know whether, you know, we need to be at the Legislature going, ‘don’t put strangulation as a damn felony,’ I mean, you know, because, you know, that just raises the numbers." In his Facebook post, Holmes urged viewers to watch and share an accompanying video he made that shows Daugherty saying at the work session: "Now strangulation, you know, is a definition that throws more people into the system. Holmes didn’t provide nor did we find other indications of Daugherty otherwise exploring or pushing for the change. 17, 2016, Facebook post: "Strangulation family violence crimes have arisen as an issue in my campaign for county commissioner after my opponent advocated lowering the penalty for such crimes because," Holmes wrote, "they just, ‘throw more people into the system.’"įor this fact check, we reviewed the original video from a May 26, 2016, work session where Daugherty made a statement about the county possibly asking state lawmakers to re-classify strangulation to a misdemeanor from a felony. (c) Domestic violence by strangulation or suffocation is a Class B felony punishable as provided by law.The Democratic challenger in a Travis County commissioner race says incumbent Republican Gerald Daugherty has urged a reduction in penalties tied to strangulation attempts in domestic violence attacks.ĭavid Holmes, a mediator and former legislative aide seeking to represent Precinct 3 covering western parts of the county, said in an Oct.
For the purpose of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party. (b) A person commits the crime of domestic violence by strangulation or suffocation if he or she commits an assault with intent to cause physical harm or commits the crime of menacing pursuant to Section 13A-6-23, by strangulation or suffocation or attempted strangulation or suffocation and the victim is a current or former spouse, parent, step-parent, child, step-child, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant. Intentionally causing asphyxia by depriving a person of air or by preventing a person from breathing through the inhalation of toxic gases or by blocking or obstructing the airway of a person, by any means other than by strangulation. Intentionally causing asphyxia by closure or compression of the blood vessels or air passages of the neck as a result of external pressure on the neck. (a) For the purposes of this section, the following terms have the following meanings:
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