Charge dismissed in property exchange argument

Published 8:33 am Thursday, April 2, 2015

They were married less than four years, but last week, Tim and Linda Koroll faced each other in court, after she accused him of domestic criminal trespass.

The Advance couple separated last October.

On Nov. 1, when Tim, 48, went to the home off Windsor Circle to collect his belongings, he met all the moving day restrictions Linda placed, including how many people he could have with him, who he could not have with him, and the hours he was allowed to be on the property, according to testimony.

Davie Sheriff’s Cpl. Travis McDougal had been hired off duty to oversee the move and keep things calm, he testified in front of Judge Mary Covington. There that day were Linda, her son and her sister, and Tim and his brother. McDougal said Linda told him Tim was not allowed to have any weapons on the property and he usually carries a knife. McDougal asked Tim to remove the knife from his person and put it away, and he complied.

There were no other issues, and McDougal said, “By about 11, the last of the property had been loaded, and my service ended.”

He drove away, the movers and truck were pulling out, and Tim and his brother were in separate vehicles and preparing to leave, he said.

Linda testified Tim arrived at the house around 8 a.m.

“He was told he could be there with one friend and not his girlfriend, or two professional movers. His brother came and I allowed him to help,” she said.

Tim and his helpers removed all of his belongings, he paid McDougal and McDougal left. The movers were pulling out of the driveway, Tim was in his truck and his brother was in his own truck, when Tim got out of his truck and began running across the property and to the back of the house, she said.

“I yelled, ‘Tim Koroll, you are trespassing. Leave my property now.’ I was just standing there screaming at him. There are 10 no trespassing signs in my yard. He was charging at me. He ran to the other side of the house. He completely ignored me, ran past me and said something about a water hose,” Linda testified.

Her son called 911 but by the time officers arrived at the home, Tim and his brother were gone.

Covington asked Linda, “What exact harm did you receive when he didn’t leave?” and Linda answered, “I was in fear for my life.”

Tim’s attorney, Brandy Koontz-Stockert, asked Linda why her statement to police didn’t include an allegation of Tim running or charging at her, and Linda requested to see the statement to refresh her memory. She read aloud that he was running across her property.

Deputy Drew Renegar had checked in at the house a few times during the morning, at McDougal’s request, and he was the officer who was sent after Linda’s son called 911.

“I spoke with Mrs. Koroll and others, and they advised Tim had gone back onto the property after Cpl. McDougal left,” he said.

Koontz-Stockert asked him if he was aware one of the details of the agreement was that Tim was allowed to be on the property until noon that day, and he said he was not aware of that. Statements given to him by Koroll and another that day were time-stamped 11:35 and 11:45 a.m., he said.

Koontz-Stockert made a motion to dismiss the charge against Tim, and Covington allowed the dismissal.

“He never left the property. He was allowed to be on the property and he never left,” Covington said.