Testimony continues in Barbian trial - KCBD NewsChannel 11 Lubbock

3/11/10

Testimony continues in Barbian trial

Source: Lubbock Co. Sheriff Source: Lubbock Co. Sheriff
LUBBOCK, TX (KCBD) -

By Tiffany Pelt - email

LUBBOCK, TX (KCBD)- Testimony ended Thursday afternoon for the trial of 34-year-old Timothy Barbian charged with assaulting a woman with a deadly weapon back in July of 2008. Barbian was originally charged with kidnapping and assaulting the victim, but those charges have since changed.

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 admitted she lied to police and that she voluntarily got into Barbian's vehicle. The aggravated kidnapping charges 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 showed jurors pictures of an empty package for toy handcuffs found in Barbian's parents white SUV he had been driving.

Prosecutors also brought in two boxes of evidence including a sheet the victim says Barbian used to suffocate her. A DNA analysist was brought in and testified three hairs found on the sheet matches sample hairs taken from the victim.

After Barbian was re-indicted, the only charge he faces is aggravated assault with a deadly weapon. Jurors will hear closing statements tomorrow morning at 9. Shortly after, the jurors will deliberate to determine Barbian's innocence. 

By Tiffany Pelt - email

LUBBOCK, TX (KCBD)- Testimony ended Thursday afternoon for the trial of 34-year-old Timothy Barbian charged with assaulting a woman with a deadly weapon back in July of 2008. Barbian was originally charged with kidnapping and assaulting the victim, but those charges have since changed.

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 admitted she lied to police and that she voluntarily got into Barbian's vehicle. The aggravated kidnapping charges 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 showed jurors pictures of an empty package for toy handcuffs found in Barbian's parents white SUV he had been driving.

Prosecutors also brought in two boxes of evidence including a sheet the victim says Barbian used to suffocate her. A DNA analysist was brought in and testified three hairs found on the sheet matches sample hairs taken from the victim.

After Barbian was re-indicted, the only charge he faces is aggravated assault with a deadly weapon. Jurors will hear closing statements tomorrow morning at 9. Shortly after, the jurors will deliberate to determine Barbian's innocence.

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