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Jurors find woman not guilty in malicious castration case

(WITN)
Published: Aug. 21, 2018 at 11:26 AM EDT
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An Onslow County jury has found a woman not guilty of trying to castrate her ex-boyfriend.

Martinne Delavega claimed self defense in the September 2015 attack.

After deliberating about four hours today, the jury found her not guilty of malicious castration and not guilty of assault causing serious bodily injury.

The woman was seen wiping away tears after the verdict was read and hugging supporters in the courtroom.

The victim testified earlier in the week that Delavega assaulted him, bitting his scrotum in the process after telling the woman he was moving out.

But jurors heard a different story on Thursday when Delavega took the stand. She testified she wanted him to move out and that her ex-boyfriend pinned her down and was hitting her.

Delavega said she started biting him in self defense.


Previous Story

Jurors this morning are deciding the fate of a woman accused of biting her ex-boyfriend's scrotum during a domestic dispute nearly three years ago.

Martinne Delavega claimed self defense Wednesday while on the witness stand. She is charged with malicious castration and assault causing serious bodily injury.

The woman said she and the victim were arguing that night in September 2015, but contradicted the victim's testimony claiming she asked him to move out the next morning.

She said this all happened at a bar.

The woman said she had a beer and then went home with the victim there.

"He was extremely angry, yelling, screaming profanities at me," Delavaga told jurors.

She said the man tackled her, hitting her and his arms around her throat at some point.

"I thought, he's gonna kill me," said Delavaga. "I couldn't get away from him. I just started biting, I thought I bit his leg and then he yelled 'you bit my ****s'"

The ex-boyfriend spent most of Tuesday on the stand as the state's chief witness.

He told jurors that the two had gotten in an argument and he was planning to move out.

The victim testified that while sleeping, Delavega came into the guest bedroom, they argued and she grabbed his jeans which contained his cash and paycheck.

The victim said she bit his chest, arms and eventually his scrotum. He told jurors that he eventually struck her in the head with his fist to knock her out.

The man had to have stitches in his scrotum to repair the damage but told jurors that he still has psychological and physical problems because of the attack.

“I live in this community. I work in this community. It’s embarrassing,” he told jurors.

Assistant District Attorney Irene Finn told jurors during closing arguments, "he says she bit him, she says she bit him. This is a fact."

Finn said for it to be self defense, Delavega should have only used enough force to stop the situation. The prosecutor says excessive force was shown because of the woman's malicious intent to castrate the man.

Defense attorney Matt Silva said it was self defense, that Delavega was pinned down and could not get free. Silva also questioned the victim not remembering a lot of details about what happened that night. He said his client could remember nearly everything while on the witness stand.

The jurors got the case shortly before 10:00 a.m. If convicted, Delavega could get up to eight years in prison.


Previous Story

A woman on trial for biting a man's genitals in a domestic assault nearly three years ago said today she thought her ex-boyfriend was going to kill her.

Martinne Delavega is charged with malicious castration and assault causing serious bodily injury.

On the witness stand this morning, Delavega claimed self defense.

The woman said she and the victim were arguing that night in September 2015, but contradicted the victim's testimony claiming she asked him to move out the next morning.

She said this all happened at a bar.

The woman said she had a beer and then went home with the victim there.

"He was extremely angry, yelling, screaming profanities at me," Delavaga told jurors.

She said the man tackled her, hitting her and his arms around her throat at some point.

"I thought, he's gonna kill me," said Delavaga. "I couldn't get away from him. I just started biting, I thought I bit his leg and then he yelled 'you bit my ****s'"

The ex-boyfriend spent most of Tuesday on the stand.

He told jurors that the two had gotten in an argument and he was planning to move out.

The victim testified that while sleeping, Delavega came into the guest bedroom, they argued and she grabbed his jeans which contained his cash and paycheck.

The victim said she bit his chest, arms and eventually his scrotum. He told jurors that he eventually struck her in the head with his fist to knock her out.

The man had to have stitches in his scrotum to repair the damage but told jurors that he still has psychological and physical problems because of the attack.

“I live in this community. I work in this community. It’s embarrassing,” he told jurors.

The case will go to the jury on Thursday.


Previous Story

An Onslow County woman is on trial, accused of biting a man's genitals in a domestic assault nearly three years ago.

Martinne Delavega is charged with malicious castration and assault causing serious bodily injury.

The Onslow County Sheriff's office was called to Delavega's home on Lynchburg Drive outside of Jacksonville in September of 2015 for a domestic assault.

The victim testified today that the two were in a relationship but had gotten into an argument that night and he was planning to move out.

He testified that while sleeping, Delavega came into the guest bedroom, they argued and she grabbed his jeans which contained his cash and paycheck.

The victim said she bit his chest, arms and eventually his scrotum. He told jurors that he eventually struck her in the head with his fist to knock her out.

The man had to have stitches in his scrotum to repair the damage but told jurors today that he still has problems because of the attack.

“I live in this community. I work in this community. It’s embarrassing,” he told jurors.

Prosecutors say they have four more witnesses to call to the stand.