Domestic violence charges tossed against Clayton board member

By Megan Matteucci

The Atlanta Journal-Constitution

A judge acquitted a Clayton County school board member charged with domestic violence.

Clayton State Court Judge Linda Cowen threw out the case against District 7 representative Trinia Garrett on Tuesday after Garrett's live-in boyfriend refused to testify against her.

"The only evidence was what they had against each other," Garrett's attorney Herbert Adams Jr. told the AJC Tuesday. "They said they wouldn’t testify against each other."

Police arrested Garrett, 36, in April after she allegedly got into a fight with her live-in boyfriend, Albert Stocken. Stocken, 58, was also arrested.

Both were was charged with five counts, including simple battery, simple assault and criminal trespass.

Stocken, a Delta employee, was also acquitted on Tuesday.

"Albert gave statements against Trinia and Trinia gave statements against Albert," Adams said. "The state could not prove their case without them."

The couple has since reconciled and are living together in Lake City.

“There was never a time that they were not together,” said Danielle Roberts, Stocken’s attorney. “We believe this was something the police blew out of proportion.”

On Tuesday, lawyers spent several hours picking a jury. The couple's lawyers then made a joint motion for a dismissal, telling the judge that the couple did not want to move forward.

Prosecutors did not put up any additional evidence and the judge granted the lawyer's motion, Adams said.

Clayton Solicitor General Tasha Mosley did not return a phone call nor an e-mail Tuesday.

Garrett was charged with intentionally making “physical contact of an insulting and provoking nature” against Stocken, according to State Court records. Prosecutors said Garrett grabbed a chain and pulled it from Stocken’s neck.

The altercation stemmed over a credit card charge of $85 at a local hotel, according to court records.

Garrett was elected in July 2008 to fill a vacant school board seat. She remains on the board.