Anako Lumumba failed to show up for two of her own relief-from-abuse hearings in 2017, but she did appear for another one in 2016, as a witness for her boyfriend, Leroy Headley, the father of two of her children who is suspected of killing her on May 3.
The protection order was requested by Gabey Hussein, who had a child with Headley. Hussein claimed that he slashed her tires and then pulled a machete on her when she confronted him about it in June 2016.
Court documents and a recording of the hearing obtained by VTDigger indicate that Hussein, who was representing herself pro se, was easily outmatched in the court hearing by attorney Robert Behrens, who was defending Headley.
Judge Nancy Waples denied the request for a final protection order, despite an audio clip presented as evidence in the hearing in which Headley can be heard saying to Hussein, “You’re gonna die, bitch.”
The relief-from-abuse process has come into focus after Lumumba, 33, was shot dead in her South Burlington home, leading police to obtain an arrest warrant for Headley, 36, who remains at large.
Lumumba twice requested temporary relief-from-abuse restraining orders, which were both granted but then vacated days later when she failed to show up for court hearings.
Attorney General TJ Donovan has said in the wake of the killing that there needs to be a discussion about reforming the relief order process so that domestic violence victims have legal representation at those hearings, and support throughout the process.
Before filing for her own protection orders, Lumumba had seen how the process worked, when she testified in June 2016 on behalf of Headley in the case brought by Hussein, who described herself in court documents as an ex-girlfriend and mother of one of his children.
During a hearing at Chittenden County family court on June 23, 2016, Hussein said Headley threatened her after she walked up to him on the street to ask whether he slashed her car tires the previous day.
“He had a long machete and he tell me he’s going to cut my head off,” Hussein said during the hearing. “So I run away, get in my car drove away and then I went to the police to report what happened that day.”
“You actually saw the machete?” Behrens asked her, pausing briefly for affirmative responses. “Did he wave it around? Was he angry and yelling? Was he being loud? Did you make any threats to him at that time? You approached him though, is that accurate?”
Hussein confirmed that she did approach him, but that he was “just standing there” when she walked up to him.
The attorney called his client to the stand. Headley told the court that Hussein had a history of causing problems and complaining to police — she had previously filed for three restraining orders — because she was jealous and angry that he wouldn’t leave Lumumba.
“She always wants me to do stuff for her I can’t do, as far as get rid of my baby mother — it’s not something I can do, so she always make up altercation just to get me in some kind of trouble because she want me for herself,” Headley said.
Headley went on to say in the recording that he doesn’t even have a machete, that he was working on his car outside his house when Hussein approached. He said he recorded part of the confrontation because he suspected that she was planning to lie about what happened.
Hussein’s speech is hard to make out in the recording. At the end of the recording, Headley says loudly, “You’re gonna die, bitch.”
Once the recording finishes, Behrens asked, “What did you mean by that?”
“Stress is gonna kill her,” Headley said. “Because what she wants, she wants me to leave my baby mother and I won’t do that so she just stalkin’ me around, stalkin’ me around.”
Behrens continued, “I guess my question is, do you mean that when you say that?”
“No, no, no, definitely not,” Headley said. “It’s just something that come out of my mouth real quick and what I mean is you’re gonna die under stress.”
When Hussein was given an opportunity to cross-examine Headley, she said “All he’s saying is a lie,” at which point the judge informed her that she is supposed to question the witness.
“Why you driving in front of my mom’s with your motorcycle?” Hussein asked. Headley started to say he didn’t drive in front of her mom’s house when he was interrupted by Hussein.
As Hussein continued talking, Judge Waples reminded her that she “can ask a question but not argue.” “I will make a decision as to whether the question is relevant, don’t argue with me,” Waples said.
Hussein asked a final question to Headley: “Why are you saying the baby’s not your baby?”
Headley said that he can only be certain the child is his if a DNA test proves it.
When Lumumba took the stand, she said she recently had an argument with Hussein. She said Hussein threatened to “put [Headley] in jail,” and also told police that Lumumba had threatened her with a knife, which Lumumba denied.
Hussein asked Lumumba: “Why are you following me around? Why are you attacking me? The problem is between me and him.”
“Your honor I’m not involved with her and Leroy’s relationship or whatever she’s claiming,” Lumumba said. “My problem is she constantly call the phone — 3 o’clock in the morning — come into the house, she even broke our window in the house.”
“Every time stuff doesn’t go her way she go to the police department to make false altercation,” Lumumba said.
Delivering a closing argument, Hussein again accused Headley and Lumumba of deceit. “All what they say is a lie,” she said. “Both of them they stalkin’ my life, they following me around, all they want is to put me down in my life.”
After deliberation, Judge Waples dismissed the complaint.
“There is not credible evidence to find that the statute has been violated and the court will deny the request for a final relief from abuse order,” the judge said, moving on to the next case.
Read the story on VTDigger here: Judge rejected protection order against Leroy Headley in 2016.