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Linton man faces domestic battery, strangulation and sexual battery charges

A Linton man faces four felony charges following an investigation into allegations that he battered and strangled a woman in the presence of their infant child and later forced sexual contact.

Austin M. Kirkley, 28, was arrested on Aug. 18 and faces preliminary charges of domestic battery committed in the presence of a child younger than 16, two counts of strangulation and sexual battery involving a victim allegedly compelled to submit by force or the imminent threat of force. All four charges are Level 6 felonies.

The case was filed Aug. 7 in Greene Superior Court.

According to a probable cause affidavit, the Linton Police Department was contacted at approximately 6:25 a.m. Aug. 4 after the woman sought help from supervisors at her workplace.

Lt. Davis Aerne reported finding the woman crying and shaking while on the phone with Kirkley. The woman reportedly told police she was attempting to leave the relationship and that Kirkley was at their Linton residence with their 3-month-old child.

Because Kirkley allegedly became upset when the call was muted, Aerne communicated with the woman by writing questions on paper, the affidavit said. She reported that Kirkley had thrown her against a wall and strangled her about a week earlier while their child was nearby.

Police photographed marks on the woman’s neck, collarbone and wrist that she attributed to Kirkley, according to court documents.

The woman alleged that during one incident, Kirkley grabbed her arms and hair, threw her against a wall and placed his hands around her throat. She told police the child was in a rocker less than a foot from the bed and was crying during the alleged altercation.

She also alleged that within the previous 24 hours, Kirkley restrained her on a bed and forced sexual contact after she repeatedly told him no. The woman reported that Kirkley applied pressure to her chest that interfered with her breathing and did not stop until she pushed him away with her foot.

The affidavit said the woman also described controlling behavior, alleging Kirkley required her to remain on the phone with him while they were apart, had access to her passwords and monitored her location and communications.

Two of the woman’s workplace supervisors told police they had previously observed her crying and arguing with Kirkley by phone. One supervisor said the woman contacted her through a workplace telephone to ask for help.

Kirkley denied the allegations during an interview with police. He reportedly said the couple remained on the phone with one another by mutual choice and denied physically assaulting or strangling the woman. He also maintained that their sexual contact was consensual and attributed bruises on the woman’s arms to her work.