After not guilty verdict, DA calls for change to strangulation law

CHARLOTTE — For years, Mecklenburg County District Attorney Spencer Merriweather has said something has to change when it comes to our strangulation law, and he says a recent case paints a picture that highlights the need.

Demont Forte was caught on video kicking his girlfriend in the head. The video shows him pummeling her to her back on his porch, and he’s then seen placing his hands around her neck.

The woman in the video did survive, but many believe she didn’t get justice because of our laws.

“You can see her feet kicking, flailing because she’s struggling to breathe,” said Mecklenburg County prosecutor Leslie Stephens.

Stephens leads the felony special victims team at the Mecklenburg County District Attorney’s Office.

She says common sense would tell anyone -- this is strangulation.

The 2023 attack went to trial this month. A jury only found Forte guilty of assault on a female, not guilty of assault by strangulation.

Even the jury was perplexed.

“Everyone agreed on that jury that she was strangled. But under our current law, we have to prove that the strangulation caused physical injury,” Stephens said.

The victim did have physical injuries. But she was kicked and punched multiple times, too.

It was enough for some jurors to wonder which injuries came from what.

It’s why Merriweather is calling on lawmakers to change the law.

“It should be enough that someone takes their hand, clasps it around someone’s neck, and tries to demonstrate that they have power and control over whether they breathe again. That in and of itself in any civilized society would be felonious conduct, and somehow in our law it isn’t,” Merriweather said.

Merriweather says he’d like to see lawmakers throw out the requirement to prove physical injury by strangulation in order to get a guilty verdict. He also wants enhanced penalties. Right now, probation is likely the sentence.

Forte was sentenced to probation for assault on a female. He’s currently in prison on a separate conviction.

A new strangulation law was introduced last week in the North Carolina legislature by state Sen. Woodson Bradley, a domestic violence survivor who represents part of Mecklenburg County. We will be sure to keep an eye on it.