[The victim, Chelsea] Rose testified she and Comer met at Hill Station Bar in the early morning hours of July 7, 2006. They went to Comer’s apartment where they watched movies, read poetry and continued to drink until they fell asleep about 1 p.m.
Rose testified that when she woke up, Comer was on top of her growling like an animal and choking her. She said she struggled and gouged his eye, and Comer began biting her.
How drunk was he? He was .24, 3x the .08 that will get you a DWI! So did the sleepwalking/biting defense work? It did once. The jury was deadlocked. During the retrial, the sleepwalking defense was not allowed. The result? Guilty. Comer will be sentenced in December.