Update: Man charged with aggravated stalking while living with girlfriend given reduced charges, probation

tstevens@ledger-enquirer.comApril 11, 2013 

Update (Friday, 12:03 p.m.):

A man whose girlfriend had been living with him for a month faced charges of aggravated stalking against the woman during an 8 a.m. Recorder's Court hearing Friday.

Jimmy Kitchens was arrested Wednesday at his Southside Court apartment after he called police at about 4:15 a.m. following an argument with his girlfriend. He told police they had been drinking and got into a verbal fight, and wanted her to leave, according to the report.

He also allegedly told police that he had a court order to stay away from his girlfriend, but that his girlfriend had been living with him about a month.

After verifying the court order, Kitchens was charged with aggravated stalking and transported Muscogee County Jail.

During the hearing, Officer David Webb was unable to answer whether Kitchens' girlfriend had initiated the contact or whether Kitchens had initiated the contact. He said Kitchens was arrested because he was in close proximity to the woman, even though Kitchens' girlfriend had moved in with him.

Judge Michael Cielinski reduced the charges against Kitchens to disorderly conduct. He was fined $250 and given 12-months probation.

According to Lexis Nexis, Georgia State Law Code 16-5-94, which covers stalking, does not specify what actions should be taken if the offender and the victim are living together voluntarily in the offending party's home.

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