By Alex Jimenez
DUBLIN, CA – A jury heard testimony Friday here in East Bay County Hall Of Justice/Alameda County Superior Court from the victim of a home burglary where a physical confrontation took place. The trial reconvenes Monday.
Gary Winston Seaman is charged with first degree burglary and battery with serious bodily injury in the crime that occurred in the Livermore area.
A victim had returned home from a week-long vacation when he noticed noises coming from his backyard and “found it strange.” When he went over to check he found Seaman, who appeared to be disoriented. The victim said he confronted the intruder and a fight between the two followed.
No weapons were used during the exchange, the victim said, although the resident would admit that he owned several weapons including a shotgun and handguns which were kept inside the home.
At some point the homeowner said he charged at Seaman and tackled him, where he managed to secure a chokehold and Seaman passed out as a result. Police arrived shortly after but it is unknown how long the confrontation lasted.
“It is a pretty lethal move. You said you have no martial arts or defense training?” Assistant Public Defender Aminder Singh asked the victim regarding his use of the choke hold. The victim confirmed that he had no prior training nor experience.
The victim sustained several scratch marks, a swollen eye, and a cut wrist, and was taken to hospital via ambulance. He claimed it took several days for his pain to go away after a punch he took to the head.
When asked by Deputy District Attorney Lori Mullins about how he felt when police finally arrived, the victim told the jury that he was “relieved to finally be done with it. I was exhausted and I was scared.” He apparently was not able to walk to the ambulance due to the stress from the situation.
The victim was shown several photos of the scratch marks received and the state of the house after the confrontation and confirmed with the court that they were an accurate and fair description.
The testimony ended abruptly as the judge notified the court that it was five minutes over the scheduled time. The trial will resume on Monday at 9 a.m. in Dept. 704.
