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St. Louis Post-Dispatch

Lee Enterprises

Wednesday, September 17, 2008 8:29 PM CDT
'Affirmative self-defense' argument planned in Abernathy case

By ROB STROUD, Staff Writer
rstroud@jg-tc.com

CHARLESTON — Self-defense will be part of the argument for a man accused of severely beating a woman to the point she was comatose for about two weeks.

During a pretrial hearing Wednesday, attorneys for Jason A. Abernathy stated their intent to use self-defense as what is called an “affirmative defense” in the case. If Abernathy’s attorneys prove an affirmative defense, he could be acquitted of the charge even if evidence shows he committed the act in question.

Abernathy, 34, is charged with aggravated domestic violence for allegedly beating Gina Giberson with a baseball bat on Oct. 16, 2007, to the point that she was comatose in an area hospital for about two weeks, according to authorities. The incident is alleged to have occurred at her home at 211 Fourth St. in Charleston.

Defense attorney Mark Wykoff said the use of self-defense as an affirmative defense will make evidence of Giberson’s alleged history of violence admissible during the trial. Coles County State’s Attorney Steve Ferguson did not dispute Wykoff’s statement about this evidence.

“I want to make sure we are clear on what that evidence is going to be,” said Circuit Judge Gary Jacobs. He said the evidence needs to be clear so the prosecution has an opportunity to raise any objections.

Wykoff said the evidence would include testimony from five witnesses about Giberson’s alleged tendency toward violence, including at least one witness who purportedly had a romantic relationship with her. He said there also will be testimony about her alleged reputation for violent behavior.

Abernathy, who reportedly had been living with Giberson, claimed he knocked her against a table after she first tried to hit him with the bat. Evidence at earlier hearings indicated that Giberson suffered several head injuries that doctors said were not consistent with falling against a table.

Two fires destroyed Giberson’s home shortly after the beating. Jacobs has denied a defense motion to bar the prosecution from mentioning the two fires. No arson charges have been filed against Abernathy or anyone else concerning the fires at the house.

The trial for Abernathy is scheduled to start Oct. 6. Jacobs tentatively scheduled a pretrial hearing for Oct. 3, if needed, to handle any remaining motions or other matters that need to be resolved before the trial.

Abernathy is jailed without bond. The aggravated domestic battery charge would normally carry a possible sentence of three to seven years if there is a conviction, but a prison sentence of six to 30 years would be required for Abernathy because of his criminal record.

Contact Rob Stroud at rstroud@jg-tc.com or 348-5734.

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Amber wrote on Sep 18, 2008 6:35 AM:

" This had ought to be good! "

farmwife wrote on Sep 18, 2008 4:10 PM:

" Read the very end of the article, due to his criminal background!! This man deserves to get the max. even if it was "self-defense". He was bigger than her and the damages he cause were not conisitent with defense this was a beating and he should get the same behind bars!!! "

Lilly wrote on Sep 18, 2008 6:03 PM:

" Farmwife, its people like you, that is the reason a change of place of trial should be mandatory. You forgot to mention any of this,

"Abernathy, who reportedly had been living with Giberson, claimed he knocked her against a table after she first tried to hit him with the bat."

1.Abernathy did suffer a broken hand?

2.Is Abernathy's recall of the events so ridiculous with Ms. Giberson having a violent background as such? This is what the judge had to let into evidence.

Gina Giberson
2000CF702-Had over 900 grams of methamphetamine, plead guilty to 400 grams.

Gina Smith
1994CF35-Manufacturing & delivery of cannabis

Gina Harrison
1996CM926 -Domestic battery reduced to battery.
1997CM901 -Domestic battery & Property damage.
1997CM1070-Domestic battery
1997CM718 -Domestic battery

"This man deserves to get the max. even if it was "self-defense". ?????? "

85CHSGrad wrote on Sep 18, 2008 6:09 PM:

" About time!
Sure has been long and drawed out. "

D.Michaels wrote on Sep 18, 2008 6:36 PM:

" Well, I know Jason Abernathy, and I am inclined to believe his side of the story. I am a fair man, and have total faith in our judicial system. That being said, even if Abernathy is found guilty, I would sure hate to see him receive more of a prison sentence, than was handed out in the Depew Case.
Depew received 8 yrs in prison and he killed the other person. Yet trying to give Jason a prison sentence of up to 30 years makes no sense. They say because of Abernathy's criminal record, but Depew also had several priors. Nonsense. I also know Gina Giberson, and I believe she is doing just fine. I truly hope Gina is just fine. Peace to All! "

SPOOKY1 wrote on Sep 18, 2008 6:57 PM:

" Remember what the evidence showed last time. Looked like Abernathy was framed.
SPOOKY "

85CHSGrad wrote on Sep 18, 2008 7:20 PM:

" It only takes one snake on the jury. I also believe this trial should be relocated! For overall "Fairness" if you will! "

mjgtm wrote on Sep 18, 2008 10:20 PM:

" I also believe that this was a rush to judgement attitude by the States Attorney. After doing some investigation into this I found out just how much he hates Jason Abernathy.He didn't care about their being two sides to a story.Then you want to talk about his record. How about hers. Just what was she planning to do with 900 grams of meth? All the domestic batteries against her.I believe this trial should be moved. It's the only way for a fair trial also "

Stanley Stetson wrote on Sep 19, 2008 7:59 AM:

" * jason ended up comatose? * i hope he is ok * that cruel girl should pay * all she got was a bump or two * he is the one who suffered * she's got a bigger record than him * his record is only a bump or two * mjgtm is right * mjgtm has a investigator's licence and everything * this trial should be moved * people in coles county are all dummies * including those who think jason is innocent * "

Mike P wrote on Sep 19, 2008 5:07 PM:

" If the victim broke into the defendents house, and he used a ball bat on them, he would still face excessive force.

Where is the line between domestic violence and attempted murder. As a felon, him using a bat against a man, should be an increasingly prosecutable charge. He hit a woman. He lived in the same house. He used a bat to beat up a woman. Alegedly. Any man that hits a woman is a weak and ignorant coward. His self defense arguement will be as weak as he is. He lost that arguement when he hit her back, and then picked up a bat. Change of venue would lessen the likelyhood of his fans landing on his jury, but birds of a feather flock together. A sick weak and ignorant collection of future cell mates, hopefully paired up with someone who dispizes woman beaters, and has a lot of frustration to share man to man about that notion. "

mjgtm wrote on Sep 19, 2008 9:23 PM:

" Stetson and I quote "Are all the people in Coles County crazy? Well here is your answer to that question!!
NO,JUST YOU DUMMY!!!!!!!!!!! "

peaceman wrote on Sep 20, 2008 9:20 AM:

" To D. Michaels, lets get your facts straight. Each case is unique. Depew case is nothing like this. It is not good having to rely on coles cty. judicial system. "

Deanna Tucker wrote on Nov 13, 2008 11:14 AM:

" I was in court yesterday when Jacobs was turning down everything jasons lawyers brought up. I will be really surprised if they can get a jury since they let things that may not be allowed is printed in our local paper so potential jurors can read even more lies.I dont care what anybody says fergie has the judge in his hip pocket it was very plain in court. Also when you so called do gooders sit in court and listen to all evidence then you can pass judgement but i know that isnt going happen. "