A man accused of aggravated assault had a preliminary hearing in General Sessions Court this week and the court found probable cause to bind his case to the Grand Jury. 

John Carver is charged with aggravated assault after an alleged incident occurred on Nov. 15. According to the warrant, Deputy Micah Sparkman responded to Ascension Saint Thomas River Park Hospital to take a report for an assault that occurred on Nov. 15. When Sparkman arrived, she spoke to the victim who reportedly told her that her boyfriend, Carver, had been beating her for two days and had beaten her with a baseball bat that day. 

During the preliminary hearing, Carver was represented by Public Defender John Partin. The first witness called to testify was Investigator Jason Walker. He said on Nov. 15 he was called out to assist a “severe assault case.” 

“As a part of the investigation, Mr. Carver was a potential suspect. Deputies went to the scene and found Mr. Carver there in the residence at 252 Cherry Lane in Morrison,” said Walker. 

Assistant District Attorney Jean Brock asked if Walker had a chance to see the victim and Walker said he spoke to her the next day. Brock then showed him pictures of the victim’s injuries and asked if he knew what instruments were used to create some of those injuries. 

“As part of the investigation, a search warrant was drawn of the residence and we went there. During the search of the residence a black Easton baseball bat was found that had blood on the bat. There was also a white metal shower rod. The shower rod was bent and also had blood on it,” said Walker. 

Brock asked what specific injuries the victim suffered. Walker said she sustained many bruises, some of which matched the size of the shower rod. He said she had some vertebra broken, her arm was broken and she possibly had a broken ankle. Brock asked when Carver became a suspect and why and Walker said, “He became a suspect pretty immediately at the hospital.”

Walker stated that when he arrived at the house following the alleged assault, there was blood everywhere and it smelled like someone tried to clean. 

“There was blood all over the house when we got there. As soon as we walked into the house, we could smell that someone had tried to clean the house. There was a Pine-Sol smell to the house. Also in the bedroom, where a majority of the blood was found, along with the bat and the shower rod and a broken microwave plate there was a bottle of Pine-Sol on top of the mini fridge in the bedroom,” said Walker. 

Brock asked if Walker had a conversation with Carver and he said they spoke at the Sheriff’s Department. 

“His story changed a couple of times while we were talking to him. At first, he said he hadn’t seen her in a while and then it changed to he had seen her earlier that day and she came home with a black eye. We asked him about the cut above his eye and he told us at that time two guys in a ski mask broke in and hit him in the head then left. He stated the victim was not there when that happened so he did not know how she got those injuries,” said Walker. 

Partin then questioned Walker. He inquired about the reported weapons used and asked if they had been sent off to the crime lab. Walker said they have not been sent to the TBI crime lab at this time. 

“Was Mr. Carver at the residence at the time you arrived?” asked Partin.

“He was not,” said Walker. 

“When did you make contact with him?” asked Partin. 

“After the search warrant was executed. Then we went back to the Sheriff’s Office. That is when I made contact with Mr. Carver,” said Walker. 

“Where was Mr. Carver?” asked Partin. 

“He was at the Sheriff’s Office,” said Walker. 

“So he had already, independent of this issue of the search warrant, he had already been taken into custody for an arrest warrant,” said Partin. 

“No, at the time he was being detained,” said Walker. 

“Do you know where he was found?” asked Partin. 

Walker said Carver was found at the house the alleged assault took place. 

“Was he the only person to your knowledge found at the residence?” asked Partin. 

Walker said he was the only person found at the residence. 

“You said he gave a statement that at times conflicted, right? But ultimately his statement was ‘I don’t know how this happened,’” said Partin. 

Walker said that was correct. Partin then asked if there were any other potential witnesses of this assault. 

“There was a gentleman that actually took her to the hospital. She got to his house. He lived a little ways away. He did go to the hospital. Deputies did get a statement from him,” said Walker. 

“Your understanding is that (the victim) was brought to River Park Hospital by a third party who gave a statement and that statement is also recorded and preserved?” asked Partin. 

Walker said it was recorded in some fashion either by pen and paper or by audio recording. Partin then said the state did not provide probable cause as to who committed the assault. 

“I would submit that the state has not carried its burden on probable cause as to who committed this assault. No proof to that whatsoever,” said Partin.

“Your honor, he testified as to that Mr. Carver was identified,” said Brock. 

“That is inaccurate. There is not testimony about the victim identifying anybody,” said Partin. 

“He said in the course of his investigation, that Mr. Carver became a suspect,” said Brock. 

“He was identified as a suspect,” said Partin. 

General Sessions Judge Ryan J. Moore ultimately decided the state met its burden of proof and bound the case to the Grand Jury.

“It is not proof beyond a reasonable doubt necessarily. I think the probable cause purposes the state has met its burden. I am going to bound this case to the Grand Jury,” said Moore.