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night s incident. Mr. wince nas a hearing problem and said he could not hear him. He said that Edward Wince got out of the truck, and “came toward me screaming in a rage. He called me an SOB and he backhanded me across the face.”
Mr James’s girlfriend, Michelle Winters, testified that she heard Edward Wince say, “I’ll kill you, you SOB.” She also said that she saw Edward Wince backhand Mr. James over the top of the fence.
Edward Wince testified that he did not strike Mr. James, that he was putting up his hand to defend himself from being hit by Mr. James. He also said that he was sticking up for his father who was being verbally abused by Mr. James. He said that when he drove up to the gate, he saw Mr. James run from his truck to the brush pile in his yard, then come over to the gate, “waving his fists and cursing and using all kinds of vulgar language.” Edward Wince said that Mr. James said, “If you don’t quit meddling in my business, you are going to bite off more than you can chew.” At this point, said Edward Wince, Mr. James lunged into the gate and tried to punch him. Mr. Wince said, “His face made con
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