HOUSTON (FOX 26) - “I knew that I was going to die,” said Julie Badia. “I knew that I was going to take my last breath.”
On July 5 of last year, Badia says her estranged husband beat and tortured her for three hours. Court documents say Badia’s ex tried to strangle her with a zip tie, put a pistol to her temple and threatened to kill her. All of this happened, she says, in front of her 5-year-old and 3-year-old kids.
“The kids just started begging him 'daddy don’t kill mommy you’re making mommy dead,'” Badia said.
August 1, 2016, Badia’s ex was charged with felony assault of a family member impeding breathing. But last month the Harris County District Attorney’s Office dismissed those charges.
“They never even picked up the phone and called my client,” said attorney Julie Ketterman.
“I felt like I was nothing worthless,” Badia said.
Badia says a prosecutor told her the case file had been lost and that’s one of the reasons for the dismissal.
“They couldn’t find it he said he had to send somebody over to Canal to a warehouse to get the files,” said Badia.
But a spokesperson for the D.A.’s office tells FOX 26 they dismissed the charges because the person charged, Badia’s estranged husband, completed an 18 week batterers intervention prevention program.
Ketterman says the D.A.’s office told her the same thing as Badia.
“I did finally get a hold of someone in the D.A.’s office and was told it wasn’t handled properly that the case file had been lost,” Ketterman said. “That it was found over on Canal street in the closed files.”
A spokesperson for the D.A.’s office tells us prosecutors spoke with Badia on multiple occasions and says the case file is not lost.
Regardless of what happened to the file, Badia says the end result is her ex-husband is free and she lives in fear.