BRAINERD – A 20-year-old Brainerd man, accused of strangling a woman with a glass tabletop during an argument, now faces criminal charges.
Desmond Marquis Luther was charged Friday in Crow Wing County District Court with felony domestic assault by strangulation, gross misdemeanor of placing a fictitious emergency 911 call and two misdemeanor charges of domestic assault and fifth-degree assault to attempt to cause bodily harm.
Luther had his first appearance in front of Judge Earl Maus, who posted bail at $10,000. Luther will appear for his Rule 8 hearing with Judge Erik Askegaard on Dec. 19. A Rule 8 hearing advises a defendant of their legal rights and bail or other previous conditions may be modified or continued. A defendant may enter a guilty plea, or request or waive an omnibus hearing.
According to the probable cause filed against Luther, the Brainerd Police Department was called at 10:20 p.m. Dec. 7 to a report of a physical domestic. The reporting party advised she and Luther had gotten into a physical altercation at a residence and there were other people at the residence who were not supposed to be there.
Officers arrived on scene and made contact with the female victim, who appeared very upset and appeared to have been crying. It also appeared she had blood on her face, in her hair, on her arms and her hands and there was some redness and scratches to her neck. An officer asked the victim if she needed any medical attention and where the blood was coming from. The woman advised the blood was Luther's and she suffered a small cut on her left finger.
The victim stated she arrived at a residence at 8:30 p.m. and immediately began arguing with Luther and she admitted she and Luther began to "push each other around," the court document stated.
At some point during the argument two individuals, identified as M.J.M., and C.M.M. in the court document, arrived at the residence. The victim advised that C.M.M. is not welcome in the residence, has never been welcome and that C.M.M. is aware of this. The victim became upset upon C.M.M.'s arrival and picked up her cellphone and advised C.M.M. and Luther that she was going to call the police. Luther then physically removed the victim's phone from her hands, advising her she didn't need to call the police. The victim attempted to retrieve her phone from Luther's hands and they then began to "wrestle on the floor," the court document stated.
The victim stated during that altercation, Luther slapped her in the face. The victim also admitted to wrapping her legs around Luther as they were both on the floor, wrapping her arm around his neck and attempted to reach for her phone which was still in Luther's hands. The victim stated she was unable to retrieve her phone from Luther and Luther went into the kitchen and placed her cellphone on top of a cabinet. The victim went into the kitchen to retrieve the phone from on top of the cabinet by placing a chair in front of the cabinet, at which time Luther twice pulled the chair out from underneath her.
The victim was able to retrieve her phone from on top of the cabinet and went into the living room area. Luther then again physically removed the phone from her hands as she attempted to call 911, the complaint stated. The victim then picked up a glass coffee table top that was in the living room and held it against her chest and advised C.M.M. to leave the residence. Luther then approached the victim, grabbed both sides of the glass coffee table top and pushed her back and into the couch until she was in a sitting position on the couch with the glass tabletop up against her neck. The victim stated Luther began to push and press the glass tabletop into her neck and choke her. She stated had a difficult time breathing and she was afraid for her life. Luther continued to choke her with the glass coffee table top for only a couple of seconds and as he began to release his grip on the glass, the glass table top began to shatter and then broke into pieces on top of both of them, the complaint stated.
Luther admitted to officers that he took the victim's cellphone away from her to stop her from calling the police.