A Cherokee County jury convicted a Canton man on March 27 on charges of false imprisonment, battery, and cruelty to children following a five-day trial.
Desmond Marquis Herbin was found guilty of false imprisonment, family violence battery, cruelty to children in the third degree, and criminal trespass. The jury found him not guilty on one additional count of cruelty to children in the third degree.
What happened: Canton Police Department officers responded to a domestic dispute at the River Ridge Apartments in Canton on November 20, 2023. A woman told police she had taken the car keys to try to leave the relationship with Herbin. Before she and the children could leave, Herbin pushed her against a wall near the front door, took her cell phone, and pressed on her neck until she lost consciousness.
She ran outside and flagged down a passing motorist to call 911. Officers observed visible red marks on the left side of her neck. Two children were in the living room near where the incident occurred.
The trial: The State called nine witnesses and introduced 18 exhibits during the five-day trial. Evidence included the 911 call, a video reenactment, patrol body camera footage, and photographs. The jury deliberated for approximately 12 hours before returning its verdict.
Background: Family violence battery is a charge used in Georgia when a battery, meaning intentional physical harm, occurs between people in a domestic relationship. Cruelty to children in the third degree in Georgia covers situations where a child is exposed to or witnesses certain acts of family violence. Criminal trespass in Georgia generally refers to entering or remaining on property without permission or in violation of a lawful order.
B.T. Clark
B.T. Clark is an award-winning journalist and the Publisher of The Georgia Sun. He has 25 years of experience in journalism and served as Managing Editor of Neighbor Newspapers in metro Atlanta for 15 years and Digital Director at Times-Journal Inc. for 8 years. His work has appeared in several newspapers throughout the state including Neighbor Newspapers, The Cherokee Tribune and The Marietta Daily Journal. He is a Georgia native and a fifth-generation Georgian.
