Ashely G. Kincannon 200 Townes Road Columbia, SC 29210 803-528-9452 April 3, 2015, Investigator Kirkland Lexington County Sheriff's Office Re: Incident of March 26, 2015 Dear Investigator Kirkland: ‘This is a supplemental statement relating to an incident that occurred on March 26, 2015 involving me and my husband James John Todd Kincannon (who goes by Todd). You have indicated that you are considering filing kidnapping charges against Todd naming me as the alleged victim, even though | have repeatedly and consistently told you and other police officers that | was never kidnapped. I have also told you that ! do not want any criminal charges pressed against my husband for any reason, and you asked me to prepare this statement as a result. You have assured me that you will present tt supplemental statement to the judge that is apparently reviewing the matter for the purpose of determining whether Todd should be charged with kidnapping, and | trust you will do that. | am concerned that this supplemental statement will be used to make me look like a liar or to make it appear as though | am recanting out of regret or something like that. Nothing could be further from the truth. | imagine that in a lot of domestic dispute situations, spouses call the police because their spouse actually committed a crime, but the spouse who initiated the call later decides they want the matter to end even though their spouse is guilty. That is not at all the situation here. My husband ‘Todd did not commit a crime of any kind, kidnapping or otherwise. My basis for requesting that my husband not be prosecuted is that he is absolutely innocent, not because he is guilty but | am going through some measure of regret. But before supplementing the statement | made on March 26, 2015, | want to address why the ‘account I gave at the time is incomplete and why it needs to be supplemented. As with any complicated family dispute, the statement that | gave at the scene only reflects a small part of what actually happened. | did not write the March 26, 2015 statement as a comprehensive explanation of the entire incident that night, nor is it a comprehensive detailing of the relationship | have with my husband. The statement is short because the police officers at the scene told me that they were not going to charge my husband with anything and that the matter would be completely closed based on my statement. I had no Idea that what | wrote would later be used to make it appear as though my husband kidnapped me, something that absolutely did not happen. Here is what actually happened on the night of March 26, 2015. Todd and | attended a work function of mine and we has just left. It was relatively late in the evening and dark outside. My husband was driving and | was in the passengers’ seat of his automobile. We initially decided to go to Rush’s on Harbison Boulevard to pick up supper. On the way, we got into an argument about something incredibly ‘minor that had happened at the work function, 3 AS‘The argument escalated due to poor communication between us and we were both very angry at each other. As we were driving on St. Andrews Road, not far from the Harbison intersection, | asked to be let out of the car. We both began looking for a place to pull off the road, but there was no convenient place where we were and the area was very dark. Todd asked me if he could take me to a safe, lighted place to let me out, and we agreed on the Chick-fil-A parking lot on Harbison. Todd immediately drove there to let me out of the car. ‘Todd began slowing down to pull into the Chick-fiLA parking lot. At about the time he pulled in, while the car was still going pretty fast, | opened my door so that | could get out as soon as the car stopped. Todd immediately reached over and grabbed the door and pulled it shut. | initially thought he was trying to keep me in the car against my will and began struggling with him to open the door while ‘the car was still moving, but in hindsight I realize that Todd was not trying to keep me from getting out of the car at all. He was only trying to close the door because the car was stil moving, Based on what was happening, | can say without question that Todd's belief that | was trying to get out of the car while it was moving was completely reasonable under the circumstances, even though that was not my intention. But Todd could not read my mind to know that, and | completely understand why he thought otherwise. It is not my habit to open the door of a car while itis still moving, but | did it that night because | was extremely angry and wanted to get out of the car as quickly as possible. In hindsight, | understand exactly why Todd grabbed the door to pull it shut while the car was moving. It was a completely reasonable thing to do in the situation, though | did not see that at the time. After the misunderstanding about the door, we both became concerned that someone in the Chick-fil-A parking lot saw us fighting over the door and drove off. | was incredibly angry at Todd for What | thought were his efforts to keep me from exiting the car and | dialed 911. Todd explained that all he was trying to do was keep me from getting out of a moving car because of the danger involved, and | realized that was indeed all he had tried to do. We calmed down and | asked Todd to drive us to our home where | would meet my mother, and that is exactly what he did. | did not attempt to open the door while the car was moving, and Todd did not in any way try to keep me from getting out of the car when we arrived home. By the time the police arrived, | explained that the entire thing was a horrid misunderstanding and that Todd had not tried to do anything other than keep me from getting out of a moving car. | explained that in hindsight | was glad he was trying to look out for my safety even though I misinterpreted his gesture. Neither of us were communicating well with the other, and that is what led to the incident. My husband did not even arguably kidnap me. He did not restrain me in any way expect when he thought | was about to dangerously jump out of a moving vehicle—which is something any reasonable person would have done in the situation—and all he did to restrain me was to make reasonable efforts to try to shut the door of the car after it had come open while moving, | explained all of this to the police officers who came to the scene, and | very clearly explained to them that Todd had only tried to close my door while the car was still moving. The police quickly and correctly determined that Todd had not committed any crime, and they told me that he would not be charged under any circumstances. | told them | certainly didn’t want him to be charged and that Todd did not commit a crime against me that night and had never done so. ‘After the events of that evening, Todd and | have been to two counseling sessions to work on ‘our communication issues and it is going extremely well. There is no question that our relationship has 113, Aerchallenges, but my husband being a kidnapper is not one of those challenges. Todd did not kidnap me (on March 26, 2015 or at any other time, nor has Todd ever done anything else to me that would be a criminal act. It would be completely inappropriate to charge Todd with kidnapping me—I am the alleged victim, and | am stating under oath that | was not kidnapped and that what my husband did was completely reasonable under the circumstances. The fact that | briefly misinterpreted what happened does not make my husband a kidnapper, and | am shocked that anyone could think otherwise. | cooperated in this investigation only because | was assured that my husband had not done anything criminal and would not get in any kind of trouble over what happened. | am not going to cooperate any further with this investigation or testify against my husband if this matter proceeds, but | will certainly testify in my husband’s defense if he is charged. In case | have been in any way less than clear, my husband did not commit the crime of kidnapping or any other crime against me on March 26, 2015 or at any other time. | have previously attempted to invoke spousal privilege and believed | had done so, and | reserve all rights to do so in the future. My husband's letter in that regard is a completely accurate statement of my wishes. This supplemental statement is given completely free of duress or coercion and | have been given nothing of value nor promised anything in exchange for it. My sole purpose in submitting this statement is to keep an innocent man from being charged with a crime that he obviously did not commit. | am hopeful that you and the court will understand and value my wishes in that regard. | know you are only trying to do your job, but | still do not understand why you believe my husband kidnapped me after | have repeatedly told you and other police officers that he did no such thing. Please end this, and please do not communicate with me any further about it except as required by law. cv this supplemental statement under ath, having en fst uy/swam by 2 nolo, this third day of April, 2015. Oy / SF (bate Notary Public for South Carolina ‘shelf Griffin Kincaphon —_O My Commission Expires:_~4 ey -