Misunderstanding, headlock lead to domestic assault charge

Published 10:28 am Friday, July 29, 2011

A 34-year-old Austin woman who reportedly held a man in a headlock until he couldn’t breathe has pleaded guilty to felony domestic assault.

Marion Elizabeth Silva entered a Norgaard plea in Mower County District Court Thursday. A Norgaard plea can be entered when the defendant wants to enter a guilty plea but is unable to recall facts due to intoxication or amnesia. One charge of domestic assault by strangulation will be dismissed at Silva’s sentencing hearing.

The incident took place around 2 a.m. the morning of July 13, when Silva returned from the bars with the man and a friend. According to a court complaint, a misunderstanding led to Silva putting the man in a headlock. When their friend walked in the kitchen, Silva was holding the man in a headlock on the kitchen floor near a pool of blood coming from the man’s ear, according to a court complaint.

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The witness told police Silva “trapped” the man in the master bedroom, putting him in another headlock until his face turned purple. The witness told officers Silva is a “fighter” and “is always the aggressor.”

The man told officers he “had a hard time breathing” while he was in the headlock.

According to court documents, Silva has three domestic violence related convictions in the last 10 years.

She is scheduled to be sentenced Oct. 7.