Arguing that he used force to protect his mother, himself and others around him, a Braselton man is now immune from prosecution regarding a Christmas Day assault.
Jason Thomas Akins, 32, was charged with aggravated battery by the Hall County Sheriff’s Office in April 2017.
He was then charged in a February indictment with two counts of aggravated battery, battery and reckless conduct.
According to the sheriff’s office, Akins assaulted the victim “by kicking and hitting the victim’s head and on his body.” The incident took place on Capitola Farm Road in Hall County.
“As a result of the incident, the victim suffered broken ribs, injuries to his liver and spleen, vision problems and cuts to his head which required stitches and staples,” Lt. Scott Ware wrote in a news release.
Judge Jason Deal, however, granted a motion for immunity from prosecution last month following a daylong hearing July 26.
“Mr. Akins maintained and testified that his actions were an effort to defend his mother and others from danger,” his attorney Andy Maddox wrote in an email.
Maddox filed a motion July 15 for immunity from criminal prosecution where use of threats or force is justified.
According to his immunity motion, Akins was called late Christmas Eve or early Christmas Day in 2016 by a friend of his mother saying “that she was in danger and/or being attacked” by a man, but the caller did not know where the man lived.
Akins arrived and found his mother “with blood on her clothes lying in a fetal position” while the other man was allegedly “leaning over her with a hand gun either in (the man’s) hand or immediately by his hand,” according to the motion.
Akins hit the man several times with his fist, but the man “refused to stay down,” according to the motion.
“(Akins) reasonably believed that (the man) was a threat to others and that (Akins) was acting to prevent or avoid death or great bodily harm to himself, (his) mother and others. In addition, (Akins) reasonably believed that (the man) was a threat to commit additional forcible felonies.”
Akins’ motion was granted, and Northeastern Judicial Circuit District Attorney Lee Darragh signed the dismissal order July 29.