Rape, homicide by vehicle trials under way
by Jessica Loeding
Mar 20, 2013 | 1524 views | 0 0 comments | 7 7 recommendations | email to a friend | print
Bartow County Superior Court criminal trial week began Monday in the courtrooms of judges David Smith and Carey Nelson.

Testimony took up most of Tuesday in Smith’s courtroom during the case of James Timothy Boyd. Boyd was arrested by Cartersville police in July 2012 after a female roommate told police she found images and videos of herself and Boyd in various sexual positions.

The photos of the alleged incidents were admitted into evidence Tuesday, with the victim testifying that she had, prior to the alleged incidents, been involved in a sexual relationship with Boyd.

The woman had stated in the incident report she believed she was being drugged.

In the report, the woman said she had discovered the images on Boyd’s cellphone, which she hid from him because she believed he would delete the photos and videos.

Cartersville Police Department Investigator Carla Sperling testified she met with the victim who was visibly upset after the woman encountered the photos and video while showing pictures to a friend.

Sperling said the victim was awake in some photos police had viewed but was “out of it” in others.

The victim was “passed out, very passed out” in others, the investigator testified, adding that the woman was snoring in the video located on the phone.

The jury viewed Tuesday the interview Sperling conducted with Boyd. Boyd appeared in the interview to acknowledge the photos and video existed but implied the victim was aware of them.

Sperling testified that Boyd said he took them but said the man told her the victim was sleeping, having consented to the sexual contact prior to falling asleep.

Boyd is charged with two counts of rape, four counts of invasion of privacy — special presentment, two counts of aggravated sexual battery, two counts of sexual battery, sexual battery — special presentment, two counts of aggravated sodomy and two counts of aggravated sexual battery — special presentment.

Testimony will continue this morning at 9 in courtroom B at the Frank Moore Administration and Judicial Center.

Next door in Nelson’s courtroom, jurors heard testimony in a homicide by vehicle case involving a Dallas man.

Chalon Trevor Furtado was allegedly driving a pickup truck along Connesena Road in Kingston in late August 2011 when he lost control. The truck overturned, rolling onto 26-year-old Christopher David , who had been riding in the bed of the truck.

Tuesday began with opening statements from both sides and closed with testimony from Georgia State Patrol Specialized Collision Reconstruction Team.

The final trooper in Tuesday’s testimony said he found “no contributing factors” to the accident during his investigation of the vehicle, including an inspection of the brakes.

Jurors, who viewed photos from the crash scene, also heard from Georgia Bureau of Investigation crime lab experts, the responding officer and a male passenger.

Furtado is charged with first-degree homicide by vehicle, two counts of driving under the influence, failure to maintain lane and too fast for conditions.

Testimony will resume at 9 a.m. today in courtroom C.