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ASSAULT, BATTERY TRIAL ORDERED.


Byline: Karen Maeshiro Staff Writer

LANCASTER - A Palmdale man shot by a sheriff's deputy after authorities said he confronted the officer with a cast-iron fireplace poker has been ordered to stand trial on assault and spousal spou·sal  
adj.
1. Of or relating to marriage; nuptial.

2. Of or relating to a spouse.

n.
Marriage; nuptials. Often used in the plural.
 battery charges.

Defense attorneys for Reginald Kemp, 41, who was shot last December at the door of his Amalfi Drive The stretch of road known as the Amalfi Drive runs along the stretch of the Italian coast between the towns of Sorrento and Amalfi.

For the greater part of its route, the road is carved out of the side of the coastal cliffs, giving spectacular views down to the Mediterranean
 home, have maintained that the deputy actually shot Kemp by accident and that Kemp was unarmed.

``Our contention is that he didn't have a poker in his hand,'' said Kemp's attorney, Marie Alex, after the preliminary hearing Friday.

Kemp, who was shot in the stomach, has pleaded not guilty to assault on a peace officer, spousal battery, and brandishing a fireplace poker.

An additional count of assaulting his girlfriend was dismissed by Lancaster Superior Court Judge Steve Ogden Steve Ogden (born 21 September 1950)[1] is a Republican member of the Texas Senate representing the 5th District. Ogden was elected to the Texas Senate in January 1997, and chairs the Texas Senate Finance Committee. .

Deputy Gerald Dolen, who shot Kemp, testified that he felt his life was in danger when he fired, Deputy District Attorney Daviann Mitchell said.

``He thought Kemp was going to hit him with a fireplace poker,'' Mitchell said.

But Alex said a photograph of the shooting scene shows the poker was not near the door.

``The picture of the scene afterward af·ter·ward   also af·ter·wards
adv.
At a later time; subsequently.

Adv. 1. afterward - happening at a time subsequent to a reference time; "he apologized subsequently"; "he's going to the store but he'll be back here
 shows a placement of a poker that is leading up towards the stairs, which is away from the front door,'' Alex said. ``There is blood by the front door where he was shot. He fell right at the door. There is no poker at the door.''

Dolen testified that he kicked the front door three or four times, and the door flung open. Dolen said Kemp was holding the poker in his hand and making a backward motion, like he was going to swing it forward, Alex said.

``Our belief is that Mr. Kemp opened the door. Dolen was ready to kick it, and the momentum forced him forward, and he could have tripped and shot,'' Alex said.

Deputies said they went to a house in the 4100 block of Amalfi Drive in the early morning hours of Dec. 3 because 911 dispatchers could hear someone being beaten over an open telephone line.

Kemp has since been released from a hospital and remains in custody with bail set at $110,000.

Kemp has a prior criminal record, court documents show. He was convicted in 1993 of felony felony (fĕl`ənē), any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law.  drunk driving and was sentenced to two years in prison. He was paroled in May 1994, but returned to prison twice in 1995 and 1996, records show. He was discharged from parole in 1998.

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 sheriff's records, deputies had gone to the same residence last November in response to a domestic violence call involving Kemp and Sherry Adamson, his live-in girlfriend of three years, but no arrests were made.

Alex, Kemp's attorney, is an associate of Milton Grimes Grimes is a surname, that is believed to be of a Scandinavian decent and may refer to
  • Aoibhinn Grimes
  • Ashley Grimes
  • Barbara Grimes, a Chicago murder victim
  • Burleigh Grimes (1893–1985), US baseball player
  • Camryn Grimes
  • Charles Grimes
, who successfully defended former Palmdale City Councilman Kevin Carney on child molestation Child molestation is a crime involving a range of indecent or sexual activities between an adult and a child, usually under the age of 14. In psychiatric terms, these acts are sometimes known as pedophilia.  charges.
COPYRIGHT 2001 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Apr 22, 2001
Words:474
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