Kandi Burruss’ daughter Riley’s father has been known not to pay child support, but in an explosive new report, he also has a past of being charged with family violence battery and cruelty to children.
According to the indictment obtained from Gwinnett County Superior Court, Russell Spencer was charged with two counts of family violence battery on March 6, 2005 when he allegedly “unlawfully and intentionally caused visible bodily harm” to his wife at the time. Spencer was accused of bruising the victim after striking her.
He was charged with four counts of cruelty to children when their four kids under the age of 18 witnessed the alleged battery.
“[Spencer] did then and there unlawfully commit family violence battery, being the primary aggressor and having knowledge that a child under the age of 18 was present and saw the act,” the papers, obtained by RadarOnline, read.
During a November 2007 court hearing, Assistant District Attorney Richard A. Vandever revealed the victim wrote him a letter stating that Spencer never hit her.
“‘I was jealous about another girl at a [shoot],’” Vandever read to the court. “She got into a scuffle with the individual, not this defendant. And she got hit in the face when that happened. Although she did call the police the night alleged or the day alleged in the indictment and say that this defendant is the one that hit her.”
He explained how because she does not want to testify, the negotiation is for Spencer to accept a plea of “one count of cruelty in the third degree to children; misdemeanor charge; 12 months, all of which on probation; a $500 fine.” He was also ordered to have no violent contact with the victim.
Accepting the deal would make the victim free of being charged with making a false report of a crime.
Spencer was not prosecuted for the other charges against him.
But the drama didn’t end there. He found himself in court again when he was charged with family violence battery and cruelty to children in the third degree against his wife and daughter in 2013.
He asked to be immune from prosecution because he was “defending his property against the alleged victim.”
“The alleged victim has taken his property and any action taken by the defendant was to retrieve his property and was defense of his property,” the court papers read.
Spencer pled not guilty in March 2015 and was not prosecuted.
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