LUFKIN, TX (KTRE) - Officers with the Lufkin Police Department arrested a 34-year-old man Wednesday in connection to allegations that he accidentally punched or elbowed his 6-year-old daughter in the mouth while he was assaulting the girl's mother in their car.
Timothy Wayne Hamilton, of Huntington, was booked in to the Angelina County jail on a state-jail felony injury to a child charge and a Class A misdemeanor. He has since posted unspecified bail amounts for the two charges and has been released from jail.
According to the arrest affidavit, a Lufkin PD sergeant responded to the intersection of Frank Street and Third Street on August 12 in reference to an assault that had just occurred. The victim was so upset that she had to hand the phone to a witness, so he could talk to the 911 dispatcher.
"She relayed to dispatch that her boyfriend had just assaulted her and her 6-year-old daughter and had thrown her out of the vehicle and took off with the child," the affidavit stated.
When the LPD sergeant spoke to the woman, she was visibly upset, crying, and shaking, the affidavit stated. She also had a red mark and a bump on her left cheek.
The victim explained that she had two children, ages, 6 and 3, with Hamilton, her common-law husband. In addition, the woman explained that her youngest child is a special needs child and has severe autism.
According to the affidavit, the victim told the LPD sergeant that they had been at the Lufkin Convention Center getting school supplies for their kids. She said Hamilton stayed in the car with the 3-year-old boy, "who does not do well in crowds," the affidavit stated.
The victim and her daughter were in the convention center for about two hours because of the large crowd. When they got back to the car, Hamilton allegedly started yelling and cursing at her for taking so long.
At that point, the victim pushed Hamilton's shoulder, and he backhanded her with a closed fist to the left side of her face, the affidavit stated.
"She said that she was trying to jump from the moving car to get away from him, but he just kept pulling her back into the car," the affidavit stated. "She said that [Hamilton] began punching himself in the face over and over, saying that if he goes to jail, that she was going to go, too."
According to the affidavit, her daughter tried to get Hamilton to stop hitting her mother, the affidavit. When she reached up between them, Hamilton allegedly punched her in the face, "causing a pretty bad busted lip."
The LPD sergeant examined the girl's injury and told the detective that took over the case that it looked like a tooth penetrated her upper lip, causing a large hole.
After the car stopped at a red light, the victim grabbed the keys and jumped out of the vehicle, the affidavit stated. The woman told police that her daughter jumped out of the car as well and tried to come with her, but Hamilton grabbed her and threw her back in the vehicle, the affidavit stated.
Hamilton then allegedly took off around the corner with the front passenger door still open.
A witness who works at a feed store near the intersection of frank and Third streets spoke to the LPD sergeant, and he backed up the woman's story.
"He stated that he heard screaming and looked out the window to see a man grabbing a child and throwing her in the back seat of the vehicle," the affidavit stated. "The vehicle then drove off, leaving a female screaming and crying."
Another witness gave a similar account of what happened.
The two children were later located at the home of the victim's sister, which is on Alta Street, and the woman was able to go pick them up, the affidavit stated. An LPD corporal then escorted them back to the police department.
When the LPD sergeant spoke to Hamilton's sister on the phone, she told him that her brother was assaulted by his girlfriend, and she had photographs, the affidavit stated. At that point, the LPD sergeant told Hamilton's sister that he had not received word that Hamilton had been assaulted.
The LPD sergeant also spoke to the 6-year-old girl. She told him that her daddy was being mean to her mommy and that she was trying to get them apart when her daddy punched her "or something," the affidavit stated.
Later Wednesday, Hamilton called the LPD sergeant and told him that his girlfriend/common-law wife hit him in the face, and he hit her back, the affidavit stated. Hamilton also allegedly said the woman was on her knees trying to assault him as he tried to open the car door.
"He advised that it was 'mutual combat' and that he was abused her all the time," the affidavit stated. He claimed it was not uncommon for the male to be the abused person in the relationship, and that he has a lot of Google searches on his phone to back up his claim."
According to the affidavit, Hamilton's criminal history includes assault-family violence, and his common-law wife was the victim in 2014. It pointed out that the victim only has a criminal history of theft.
The LPD sergeant told the detective that he examined the victim's hands, and there were no marks that would have indicated she had been punching a grown man, the affidavit stated.
When the LPD detective who took over the case spoke to the victim two days later, she gave the same account that she had relayed to the sergeant.
However, she said that while Hamilton was assaulting her, their daughter got between the two of them, and Hamilton accidentally elbowed the girl in the mouth, the affidavit stated.