Trial starts for Plainview man in 2008 assault - KCBD NewsChannel 11 Lubbock

3/10/10

Trial starts for Plainview man in 2008 assault

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LUBBOCK, TX (KCBD) -

By Tiffany Pelt - email

LUBBOCK, TX (KCBD)- What started as a story of kidnapping, assault, and a taser attack, is much different now that the case went to trial. Thirty-four year old Timothy Barbian went to trial around two o'clock Wednesday on a lesser charge of aggravated assault with a deadly weapon.

Prosecutors played a 911 call made by the female victim saying she was abducted her from the Town and Country on 19th Street and Avenue O. "I was just buying some cigarettes and he just snatched me when I walked by his car," said the victim to the 911 dispatcher.The victim's story has since changed and the aggravated kidnapping charges against Barbian were dropped.

During the call the victim says the attacker drove her to a spot near the Lone Star Amphitheater. She then began fighting to break free. "He had me handcuffed and I broke the handcuffs because he was suffocating me. I couldn't breathe and when I got the handcuffs loose I just put all my weight against him, and then he tased me on my side with a taser gun. He had a gun to my head and then I took of running and he left", she said.

The new indictment does not mention the use of a taser during the attack, but prosecutors told jurors an empty package for toy handcuffs was found in Barbian's parents white SUV he had been driving. Prosecutors also say an empty gun holster was also found in the SUV.

After Barbian was re-indicted, the only charge he faces is aggravated assault with a deadly weapon.

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