Posting the sane and insane news about the law and what otherwise strikes my fancy.
The opinions and commentary made by this author is solely his own. It does not reflect the opinion of any other individual or organization including the 83rd District Attorney's Office or Pecos, Brewster, Presidio or Jeff Davis Counties.
Bogus web ad is invitation to steal by Chris Hawes - WFAA-TV
MANSFIELD — Sherry Johnson Huwitt recently woke up to see what looked like robbers in her yard.
"These two guys were loading up my basketball goal," she said. "I went outside and started yelling, 'What are you doing with my things?' And they said, 'It was on craigslist.'"
The men showed Huwitt the ad from the popular Internet classifieds Web site which invited readers to collect outdoor sports equipment from her address. "Do not knock," the ad instructed. "It is placed out there for you to come and get."
Huwitt hadn't posted the invitation; she didn't know anything about it.
The ad appeared to have been posted around 4 a.m., so Huwitt thought the person who did it must work the night shift. She heard that a neighbor, Chad Hickey, had been asking about her things, so she confronted him.
Hickey initially denied having anything to do with the ad, but Huwitt kept pushing, e-mailing craigslist to learn the identity of the person who placed the notice.
An hour later, a name came back: Chad Hickey — her neighbor who is also an Arlington police officer.
"I just don't understand it," Huwitt said. "He brought strangers to my house. I could have gotten myself killed; I could have killed somebody."
In a letter to their homeowners' association, Hickey explained his action this way:
"Due to the items needing to be rmoved since they were not properly taken care of, I thought of a solution that was wrong to a valid issue. I regret my decision and wish I could take it back ... I feel horrible about what has transpired and have just been sick over it."
Arlington police don't know whether a crime was committed, but Hickey is still on the job until they figure it all out.
ARVADA, Colo. (AP) - A man in a cowboy hat who rode a horse through a Denver suburb has been cited for riding an animal under the influence.
Police said Brian Drone was given a $25 traffic violation ticket in a strip mall parking lot Friday. Drone told KUSA-TV that he was out for a "joyride" in Arvada with his horse, Cricket.
Sgt. Jeff Monzingo says the citation was the first he'd seen in 15 years of working in law enforcement.
Police say deciding what to do with the horse was a "tricky call" because "you can tow a car" in typical drunk driving cases.
A stable owner eventually offered Drone and his horse a ride home.
A phone number listed for a Brian Drone in Arvada was disconnected.
Justice Souter to retire By MARK SHERMAN and JENNIFER LOVEN
WASHINGTON (AP) - Justice David Souter is planning to retire after nearly two decades on the Supreme Court, but his departure is unlikely to change its conservative-liberal split.
President Barack Obama's first pick for the high court is likely to be a liberal-leaning nominee, much like Souter.
The White House has been told that Souter will retire in June, when the court finishes its work for the summer, a source familiar with his plans said Thursday night. The retirement is likely to take effect only once a successor is confirmed.
The source spoke to The Associated Press on condition of anonymity because he was not authorized to speak for Souter.
Souter had no comment Thursday night, a Supreme Court spokeswoman said.
The vacancy could lead to another woman on the bench to join Justice Ruth Bader Ginsburg, currently the court's only female justice.
At 69, Souter is much younger than either Ginsburg, 76, or Justice John Paul Stevens, 89, the other two liberal justices whose names have been mentioned as possible retirees. Yet those justices have given no indication they intend to retire soon and Ginsburg said she plans to serve into her 80s, despite her recent surgery for pancreatic cancer.
Souter, a regular jogger, is thought to be in excellent health.
Interest groups immediately began gearing up.
"We're looking for President Obama to choose an eminently qualified candidate who is committed to the core constitutional values, who is committed to justice for all and not just a few," said Nan Aron, president of the liberal Alliance for Justice.
Some of the names that have been circulating include recently confirmed Solicitor General Elena Kagan; U.S. Appeals Court Judges Sonya Sotomayor, Kim McLane Wardlaw, Sandra Lea Lynch and Diane Pamela Wood; and Leah Ward Sears, chief justice of the Georgia Supreme Court. Men who have been mentioned as potential nominees include Massachusetts Gov. Deval Patrick, Harvard Law professor Cass Sunstein and U.S. District Judge Ruben Castillo of Chicago.
The Obama White House began from almost its first days in office preparing for the possibility of a retirement by thinking about and vetting potential high court nominees. Those efforts only accelerated with Ginsburg's cancer surgery.
The timing may have been unexpected, but Souter has long yearned for a life outside Washington.
He has never made any secret of his dislike for the capital, once telling acquaintances he had "the world's best job in the world's worst city." When the court finishes its work for the summer, he quickly departs for his beloved New Hampshire.
He has been on the court since 1990, when he was an obscure federal appeals court judge until President George H.W. Bush tapped him for the Supreme Court.
Bush White House aide John Sununu, the former conservative governor of New Hampshire, hailed his choice as a "home run." And early in his time in Washington, Souter was called a moderate conservative.
But he soon joined in a ruling reaffirming woman's right to an abortion, a decision from 1992 that remains still perhaps his most noted work on the court.
Souter became a reliable liberal vote on the court and was one of the four dissenters in the 2000 decision in Bush v. Gore that sealed the presidential election for George W. Bush.
Yet as Souter biographer Tinsley Yarbrough noted, "he doesn't take extreme positions." Indeed, in June, Souter sided with Exxon Mobil Corp. (XOM) and broke with his liberal colleagues in slashing the punitive damages the company owed Alaskan victims of the Exxon Valdez oil spill.
Souter is the court's 105th justice, only its sixth bachelor. He works seven days a week through most of the court's October-to-July terms, a pace that he says leaves time for little else. He told an audience this year that he undergoes "an annual intellectual lobotomy" each fall.
Souter earned his bachelor's and law degrees from Harvard sandwiched around a stay at Oxford University as a Rhodes scholar.
He became New Hampshire's attorney general in 1976 and a state court judge two years later. By 1990, he was on the federal appeals court in Boston for only a few months when Bush picked him to replace Justice William Brennan on the Supreme Court.
National Public Radio first reported Souter's plans Thursday night.
Elderly Pa. Sisters Arrested On Drug Charges CBS3.com
STROUDSBURG, Pa. (CBS 3)- Two elderly sisters from Monroe County, Pennsylvania have been arrested for allegedly distributing drugs.
Elizabeth Marie Grube, 70, and her 65-year-old sister, Elaine Volkert, are facing drug charges after being arrested on April 14.
Investigators said they seized 400 bags of heroin with a street value of $8,000 and more than $2,000 from the home of Grube in the 1000 block of Ehler Street.
On the same day, a task force seized 988 bags of heroin with a street value of $20,000 and approximately $1,600 in cash from Volkert's home also in the 1000 block of Ehler Street. Police also seized quantities of Oxycontin and marijuana during the search.
According to investigators, both Grube and Volkert had been selling between 500 and 1,500 bags of heroin every two weeks for the past two months. Prior to selling heroin, the sisters had been selling crack cocaine, police said.
Two days after the sisters were arrested, their supplier, Juilo Cesar Checo, was taken into police custody.
Grube and Volkert have been charged with Possession with the intent to deliver a controlled substance (heroin) and criminal conspiracy. Bail was set at $20,000.
Checo was charged with Possession with the intent to deliver a controlled substance (heroin), criminal conspiracy and criminal use of a communication facility (cell phone). He is being held on $75,000 bail.
I guess I'm not smart enough to figure out why the lenders would break off the talks.
I can understand their frustrations but how does putting Chrysler into an all but certain bankruptcy going to help them?
Chrysler to file bankruptcy
WASHINGTON (AP) -- Chrysler will file for bankruptcy after talks with a small group of creditors crumbled just a day before a government deadline for the automaker to come up with a restructuring plan, two administration officials said Thursday.
The Obama administration had long hoped to stave off bankruptcy for Chrysler LLC, but it became clear that a holdout group wouldn't budge on proposals to reduce Chrysler's $6.9 billion in secured debt, according to the officials, who spoke on condition of anonymity because the filing plans are not public. Clearing those debts was a needed step for Chrysler restructure by the Thursday night deadline.
Bankruptcy doesn't mean the nation's third largest automaker will shut down. And the privately-held Chrysler is expected to sign a partnership agreement with the Italian company Fiat as early as Thursday as part of its restructuring plan. A Chapter 11 bankruptcy filing would allow a judge to decide how much the company's creditors would get.
President Barack Obama is expected to discuss the nation's auto sector at noon Eastern.
The Treasury Department's auto task force has been racing in the past week to clear the major hurdles that prevented Chrysler from coming up with a viable plan to survive the economic crisis ravaging nation's automakers.
Along with the Fiat deal, the United Auto Workers ratified a cost-cutting pact Wednesday night. Treasury reached a deal earlier this week with four banks that hold the majority of Chrsyler's debt in return for $2 billion in cash.
But the administration said about 40 hedge funds that hold roughly 30 percent of that debt also needed to sign on for the deal to go through. Those creditors said the proposal was unfair and were holding out for a better deal.
"While the administration was willing to give the holdout creditors a final opportunity to do the right thing, the agreement of all other key stakeholders ensured that no hedge fund could have a veto over Chrysler's future success," said one of the administration officials.
A third person briefed on Wednesday night's events said the Treasury Department and the four banks tried to persuade the hedge funds to take a sweetened deal of $2.25 billion in cash. But in the end, this person said most thought they could recover more if Chrysler went into bankruptcy and some of its assets were sold to satisfy creditors. This person asked not to be identified because details of the negotiations have not been made public.
When it files for bankruptcy, Chrysler would continue operating and Fiat would still sign on as a partner on Thursday, the people said. The government already has promised to back Chrysler's warranties in an effort to allay customers' fears that the automaker wouldn't be around to honor them.
President Barack Obama's auto task force in March rejected Chrysler's restructuring plan and gave it 30 days to make another effort, including a tie-up with Fiat. The company has borrowed $4 billion from the federal government and needs billions more to keep operating. President Obama said Wednesday night while the lender talks were still ongoing that he was "very hopeful" that deals can be worked out to keep Chrysler LLC a viable automaker, and more hopeful than he was a month ago that the company will stay in business.
The UAW agreement, which would take effect May 4, meets Treasury requirements for continued loans to Chrysler Corp., and includes commitments from Fiat to manufacture a new small car in one of Chrysler's U.S. facilities and to share key technology with Chrysler.
Meanwhile, the Fiat partnership means Chrysler CEO Robert Nardelli could be out of a job. In an April e-mail to employees, he said that if the deal is completed, Chrysler would be run by a new board appointed by the government and Fiat. The new board, Nardelli wrote, would pick a CEO "with Fiat's concurrence."
Sergio Marchionne, CEO of the Italian automaker, told reporters earlier this month that he could run Chrysler. Obama said Wednesday that Fiat's management "has actually done a good job transforming their industry."
Okay then, here I am in Austin waiting for Day 2 of the Conference on Criminal Appelas to start. It was a mad dash from San Antonio this morning as I had to stop and get my work laptop as I put a new and larger hard drive in my new Dell Mini 9 laptop but the restore disc was badly scratched and therefore unusable. Don't ask.
Needless to say I am so looking forward to sitting in a large room filled with 300+ folks, some of whom are sneezing and coughing .
**swine flu??**
Arrrghhhhh.
Hoping to stay well;
Man o' Law
P.S. All is not bad they have free Starbucks coffee this morning!!
Also what a way to make people get even more concerned the President isn't going to make this country as safe regarding terrorist (oops, I mean man-caused calamities) attacks.
Oh, and it only cost $328,835.
FAA Memo: Feds Knew NYC Flyover Would Cause Panic by Marcia Kramer - WCBSTV.com
A furious President Barack Obama ordered an internal review of Monday's low-flying photo op over the Statue of Liberty.
CBS 2 HD has discovered the feds will have plenty to question.
Federal officials knew that sending two fighter jets and Air Force One to buzz ground zero and Lady Liberty might set off nightmarish fears of a 9/11 replay, but they still ordered the photo-op kept secret from the public.
In a memo obtained by CBS 2 HD the Federal Aviation Administration's James Johnston said the agency was aware of "the possibility of public concern regarding DOD (Department of Defense) aircraft flying at low altitudes" in an around New York City. But they demanded total secrecy from the NYPD, the Secret Service, the FBI and even the mayor's office and threatened federal sanctions if the secret got out.
"To say that it should not be made public knowing that it might scare people it's just confounding," Sen. Charles Schumer said. "It's what gives Washington and government a bad name. It's sheer stupidity."
The flyover -- apparently ordered by the White House Office of Military Affairs so it would have souvenir photos of Air Force One with the Statue of Liberty in the background -- had President Obama seeing red. He ordered a probe and apologized.
"It was a mistake. It will never happen again," President Obama said.
The NYPD was so upset about the demand for secrecy that Police Commissioner Ray Kelly vowed never to follow such a directive again and he accused the feds of inciting fears of a 9/11 replay.
"Did it show an insensitivity to the psychic wounds New York City has after 9/11? Absolutely. No questions about it. It was quite insensitive," Kelly said.
The cost of the frivolous flight was about $60,000 an hour and that was just for Air Force One. That doesn't include the cost of the two F-16s that came along.
The mayoral aide who neglected to tell Mayor Michael Bloomberg about it was reprimanded.
All public and private schools are closed, residents are being asked to avoid public gatherings and local officials are urging caution after three highly probable cases of swine flu have been reported in Comal County.
Although confirmation is pending from the national Centers for Disease Control and Prevention, three students at area schools have likely caught the potentially fatal virus, Comal County Health Authority Dr. Dorothy Overman said Tuesday. In addition, more than 30 other influenza samples collected locally are currently undergoing testing to determine if they, too, are evidence of the virus’ spread into the county.
As a result of the local outbreak, county health and school officials ordered a shutdown of every campus in both New Braunfels and Comal independent school districts until May 11, and area private schools have agreed to do the same. New Braunfels and Comal County leaders also have recommended closing all area day cares and advised residents to steer clear of public gatherings, including going to church, to reduce potential exposure.
“All of this is being done out of an abundance of caution,” said New Braunfels Mayor Bruce Boyer, after an emergency meeting of local school, government and health officials Tuesday night at the New Braunfels Civic Convention Center. “Right now this has not gotten to an epidemic stage, and we want to make sure that it doesn’t. We want to be proactive and make sure we do everything we can for the health and safety of our residents.”
The three probable swine flu cases were collected from students at New Braunfels High School, Freiheit Elementary and Memorial High School, an alternative school in Comal Independent School District.
The more than 30 other cases of confirmed Type A influenza were collected from numerous other campuses and health clinics throughout the county, Overman said. They will now be tested in a regional lab, and if a type is not determined, will be sent to the CDC with the other three for possible confirmation of swine flu.
Overman said the 10 school-day closure — 12 days total — is designed to span two full incubation periods to prevent any new cases among local students.
It also will give time to treat those carrying a disease suspected of killing at least 152 people in Mexico as of Tuesday, according to The Associated Press. County authorities would not divulge the medical conditions of the three students Tuesday night, other than to say they were alive.
“There have been no deaths in Comal County and that’s what we’re trying to prevent,” Overman said.
There have been no swine flu-related deaths reported in the United States thus far, and the disease has generally proven to be treatable with early diagnosis.
Overman said stockpiles of additional medicine to treat the disease — like Tamiflu — will be available through the Texas Department of State Health Services should the need arise.
“We want to do everything we can to make sure everyone is as safe as possible,” said Comal County Judge Danny Scheel.
Symptoms of the disease mirror those of a typical flu with a fever and muscle aches, often combined with coughing or a runny nose.
The TDSHS is asking that anyone experiencing flu symptoms stay home, and residents who think they might be sick are being asked to call their physician before heading into the doctor’s office.
Calling hallucinogenic mushrooms a ‘gift from God' certainly a novel defense John Boyle - Citizen-Times.com
Ingram, 32, strongly believes that God gave us marijuana and mushrooms and that these “gifts” should be celebrated, not used as a cause to arrest folks. As he was arrested for possession of mushrooms in December, he hopes to plead this defense to a jury.
“The point I'm trying to make is that God's law is higher than man's law,” Ingram told me. He was out protesting downtown last week, carrying a sign that said “Mushrooms & marijuana come from God.”
A little background: Ingram had planned to attend the Warren Haynes Christmas Jam on Dec. 13 and was sitting in his car near downtown, sipping on a cold beer out of a coffee mug and sampling a hallucinogenic mushroom or two.
“I had the bag open, and I put one in between my lip and my teeth — I put it in sort of as a dip, because you really don't need that much,” Ingram said. “I looked over, and I had blue lights on me.”
He wasn't hallucinating quite yet. Asheville's finest were on the scene and proceeded to search his vehicle and discovered what they said was 10 grams of hallucinogenic mushrooms.
Ingram disputes that amount, noting that he bought a quarter-ounce, or seven grams, and had taken some, leaving at most 6 grams. At any rate, he found himself charged with felony possession of illegal drugs.
It's a Class-I felony, and Ingram has a relatively clean record, so he's likely facing a maximum sentence of probation and mandatory drug testing. But Ingram, a graduate of Auburn University with a degree in management information systems, doesn't want his record besmirched.
“Not only that, but I can't run for public office, I can't vote, I can't go to law school — this felony would basically follow me for the rest of the life,” he said.
So, with his public defender, he recently went to seek leniency or possibly dismissal of the charges from District Attorney Ron Moore. The meeting did not go well, possibly because Ingram admittedly got quite stoned before the visit.
“This guy was mean,” Ingram said of Moore, acknowledging that “my eyes were red from smoking marijuana. He was trying to get me to rat out who the mushrooms were from. He said, ‘Where did the mushrooms come from?' I said, ‘From God.'”
He replied similarly when asked where the pot came from and says Moore quickly lost patience with him, saying Ingram should not drive home. “He lumped me into a bunch of people he considers no-gooders,” Ingram said.
Ron Moore was out last week and I couldn't get a comment from him. Assistant District Attorney Chris Hess said the office does not comment on pending cases.
I've talked to Moore — a law and order kind of guy who can be a real hard case — many times — and I suspect he was not amused with Ingram's legal approach.
Ingram says he has a court date Monday, but the DA's office said he's on the docket for May 4. Today's hearing may be about the legality of the search and a motion for suppression Ingram's public defender has filed.
Ingram said his public defender (who didn't return my calls) is going to argue the search that turned up the mushrooms was illegal because the hallucinogens weren't visible, and he was simply drinking in public.
In a way, though, Ingram wants the chance to argue his “God gave us mushrooms” defense to a jury. Ingram believes so deeply in his use of marijuana and mushrooms that he considers it close to being his religion.
“I don't do any kind of synthetic drugs — I don't even like pills,” he said. “God gave us marijuana and mushrooms to use. If you have a good, sound mind and body, they can be a very spiritual and uplifting experience.”
And he's convinced that 12 of his Buncombe County peers will be sympathetic to his cause.
“I feel if it goes to the jury I'll have a good chance, because I'll have 12 of my peers judging me,” said Ingram, obviously a “glass half full” guy when it comes to optimism. “Unfortunately, they'll kind of have to go against the law to find me innocent. But I want to say there's a higher law.”
Sure, Ingram may be happily delusional, but you've got to admit he might just be the most optimistic 'shroomer in America.
Officers Crash Facebook Party Bryan Latham, LeAnne Morman- WOWT.com
Fifteen people were arrested Sunday morning after authorities invited themselves to what was advertised on the Internet as a "History Making House Party" in Sarpy County.
The posting on Facebook said the party was to start at 9 p.m. Saturday and run until 5 a.m. Sunday. The invitation advertised a disc jockey, professional photographer, shuttle service from the Shadow Lake Towne Center, six kegs of beer and bottles of liquor.
The host even posted this postscript: "P.S., don't worry about the cops because I have a police scanner so I will have the heads up if they come."
“Everybody is watching it, this did not come from us searching for a party," said Sarpy County Sheriff's Lt. Russ Zeeb.
"It came from someone in the public bringing it to our attention. In following up with it, we started observing a lot of minors on the Facebook that had replied back. I think there was 46 minors that had replied back that they were to going to be there."
Sarpy County deputies, along with Papillion, La Vista and Bellevue police officers were made aware of the event and sent an undercover officer and two minors into the house near 58th Street and Cedardale Road outside of Bellevue.
The officer confirmed some of the people drinking inside the home were underage and police served a search warrant. Anywhere from 300 to 600 were expected to attend, but 30 minutes after it started, the Sarpy County Sheriff's Department arrived and shut the party down.
The raid led to the arrest of nine minors in possession of alcohol and six people on charges of procuring alcohol to minors, including the hosts of the party, 22-year-old Christopher Phalen and 19-year-old Cassandra Phalen.
When deputies arrived they found a large tent outside. Inside the hosts had done their best to hide any evidence of a party from mom and dad as furniture was moved into another room, paintings were pulled off the wall and the carpets covered. Five kegs of beer were confiscated.
"That goes back to the point that parents need to be taking care of when they're gone, just not thinking that the kids are going to be home alone and that everything's going to fine," said Lt. Zeeb.
He said this was another example of the prolific nature of social networking sites like Facebook. "It's like anything else, it can be used for legitimate purposes or illegal activities."
At the time of these arrests, officers were called to investigate a reported fight/disturbance near 140th and Harrison streets where they found another large party where minors were drinking.
Numerous arrests were made at that party as well as one arrest for procuring alcohol for a minor. In both cases, the parents were out of town.
The sheriff's departmment says even if parents/adults are not there, they could still be held responsible in civil court if there's an incident.
I take umbrage at the thought there are no 'zombies' at the courthouse.
Obviously he hasn't been paying attention.
No 'zombies' at courthouse By Craig Kapitan -Express-News (SA Hearsay blog)
As we follow reports of the swine flu spreading like the beginning of a zombie movie, it seems like only a matter of time for the next logical step in the progression - the infamous virus becoming a popular excuse for getting out of jury duty.
But there were no signs of such scheming as potential jurors showed up at the Bexar County Courthouse Monday for the first time since the outbreak became the cause celebre for hypochondriacs and news anchors alike. Not one facemask in sight.
Just more than 450 people showed up for jury duty - about normal for a Monday morning. One person called in, stating that she is a teacher in Cibolo and had been instructed not to come to San Antonio. She was allowed to reschedule, said Susie Urdialez of the courthouse's Central Jury Room.
"Everybody seemed OK," she said.
Nevertheless, the county is taking precautions. Officials issued a notice Sunday emphasizing that Bexar County employees living in Guadalupe County and feeling flu symptoms should call in sick.
Following the zombie movie line of thinking, would it be legally possible to, say, rope off Cibolo and let them fend for themselves should the disease progress to Defcon 5 proportions? The answer, apparently, is yes. U.S. health officials drafted laws for mandatory quarantines in the wake of the bird flu panic several years ago. Here's an excerpt of a fill-in-the-blank quarantine declaration form drafted by the Texas Department of State Health Services for use by local authorities in case of an emergency:
"All ingress to and egress from the area is forbidden, except for authorized health and law enforcement personnel. Persons in the quarantined area will not be allowed to leave it without proper authorization from health or law enforcement authorities. Individuals outside the quarantine area will not be allowed to enter it without proper authorization from health or law enforcement authorities."
According to the form, disobeying a mandatory quarantine could be a misdemeanor or a third-degree felony depending on how the quarantine order is drafted.
Of course, this is all hypothetical, worst-case-scenario talk. Hearsay will let you know the moment Bexar County judges start issuing rulings from behind facemasks.
'Felony Franks' Hot Dog Stand Hires Convicts, Angers Chicago Alderman FoxNews.com
CHICAGO — A Chicago alderman says he doesn't mind that a businessman plans to open a hot dog stand in his ward and hire former convicts to work there, but he does object to the stand's crime-linked theme.
Alderman Fioretti said Friday his Second Ward on the city's West Side has major crime problems, so he thinks the stand's name, Felony Franks, is simply not in good taste.
Fioretti also objected to several slogans, including: "Food so good, it's criminal," and "Home of the misdemeanor wiener."
Stand owner Jim Andrews, though, says he thinks the tongue-in-cheek name and a menu that features such items as "burglar beef" and "chain gang chili dog" will help to erase some of the stigma that being a former convict carries.
I am glad juries are taking these matters seriously.
There have been enough killings and attempted killings.
Stop the insanity.
Man guilty of murder attempt By Jessica Langdon - TimesRecordNews.com
Like many communities, Wichita County has seen the devastating effects spousal abuse can have, and the people who are close to the cases see the impact not only on the intended victim, but entire families.
A case that led Thursday to a prison sentence for a 46-year-old man shows the Wichita County District Attorney’s Office believes this is a serious issue, and will take on this type of case, the prosecutor said.
A jury in 30th District Court found James Blevins guilty Wednesday of attempted murder and violation of a protective order stemming from an incident June 13. Jurors found him not guilty on a count of retaliation in the case. The same jury, made up of six men and six women, deliberated for several hours Thursday returning a few minutes after 6:30 p.m. with a decision on his punishment, which could have ranged from probation to 20 years in prison. The jurors recommended 11 years in prison on the attempted murder charge, along with a $5,000 fine, and a five-year term for the violation of a protective order conviction.
In this incident, the defendant and his wife were separated. She had a protective order filed against him, and he had already pleaded guilty to a violation of it months before things escalated in June 2008 when the man went to the woman’s home and found his wife packing for a move with help from a male friend. He later left the house and went to get a loaded shotgun and other weapons, coming back after telling his mother by phone he planned to kill the adults as well as the Blevins’ two children who were there, according to the information presented during the trial.
The jury did not find this case involved sudden passion, which would have reduced the possible punishment range to two to 10 years instead of two to 20.
The defense highlighted the fact that a weapon had not been pulled or used on anyone and also pointed out his eligibility for probation because of the absence of prior felony convictions.
Prosecutor John Gillespie pointed out during his portion of the punishment phase that Blevins received deferred adjudication in Montague County in a felony assault family violence case; when deferred adjudication is completed without further incident, the offense does not show up as a conviction on a defendant’s record.
Gillespie also pointed out he had been on probation in Wichita County several times for misdemeanor convictions, including prior assaults on the victim in this case and violation of a protective order.
Blevins’ wife was moving with the help of a friend June 13, Gillespie said. The Blevins’ two young sons were also at the home.
“The defendant showed up,” Gillespie said, “which was a violation of the protective order.” She told him to leave, and when he saw the friend who was helping her, he tried to fight, Gillespie said. The friend held Blevins to the wall, trying to calm him down.
Blevins’ wife called 911.
Meanwhile, the defendant went to his home, which was about five minutes away, and got a shotgun, a Derringer and a filet knife, Gillespie said. The defendant’s roommate tried to persuade him not to go back to the scene after he said he wouldn’t be coming home again, he said.
On his trip back, the defendant also called his mother, telling her he was going to kill his wife and “that guy helping her,” Gillespie said. When she asked about “the grandbabies,” he said he would kill them all, Gillespie said.
His mother, who testified, pleaded with him not to go, and he hung up, Gillespie said. Blevins’ mother called his wife, who told the Wichita Falls police officer who had arrived to take the violation of a protective order report that her mother-in-law had just called.
“He’s on his way up here to kill me,” she told the officer, and moments later pointed him out to the officer as he drove up.
The officer, who testified during the trial, threw down his notebook and grabbed his weapon as the man tried to get the barrel of the shotgun out the vehicle window, Gillespie said, recalling the officer’s testimony that this situation brought him the closest he had been in 28 years to having to shoot someone.
After a brief standoff between the officer and the man, the defendant put down the gun, Gillespie said, adding that the children had been in the yard at the time.
When the man let the weapon go and the officer placed handcuffs on him, the man turned back to his wife and said, “I don’t care how long I’m in jail. I’m going to get another gun and kill you,” Gillespie said. He included that wording in points he stressed this week to the jury.
Gillespie said he believes this defendant to be “violent and dangerous,” and was glad to see a lengthy prison sentence, adding that he feels the woman and the children will be in danger when he gets out of prison.
As the court proceedings wrapped up Thursday evening, 30th District Judge Bob Brotherton discussed Blevins’ representation for the appeal process, should that action take place, and he formally sentenced Blevins.
Blevins’ terms will run concurrently, and because a deadly weapon was involved in the situation, he must serve half the time before he would become eligible for parole. He has 315 days credited to his time for days he has been in custody.
Mrs. Man o' Law (a nurse) is freaking out over this. If Man o' Law and the little man o' Laws keep washing our hands, this much, we won't have any skin left on them.
Schertz-Cibolo-Universal City ISD closes all schools
As the number of suspected or confirmed local cases of swine flu climbed to 12, the Schertz-Cibolo-Universal City Independent School District said Sunday it will close all its schools for at least one week.
The district also canceled today’s planned public meeting at Steele High School in Cibolo, where the two Texas cases of swine flu were confirmed last week.
Another 10 suspected cases are being tested — all from the school district or household contacts of the infected students, and ranging from a 6-year-old to people in their 40s, Dr. Sandra Guerra, regional medical director for the Texas Department of State Health Services, said Sunday.
And there may be more out there.
Linda Moses of Cibolo said she's been sick with vomiting, diahrrea and a cough, and both of her sons have shown flu symptoms as well. One attends Clemens High School.
“I allowed him to go over and spend time with his grandparents, which I'm a little worried about now, because that's the last thing they need,” Moses said.
She hasn't been to a doctor yet, but said with the news of the district-wide closure, she's planning to see one as soon as possible.
“It was scary anyway, but it's really kind of hitting kind of close to home now,” Moses said.
Schertz has also closed its public library, Guerra said. Cibolo has closed its parks and is asking churches and places where people gather to postpone activities. It is asking private developments to close their parks as well.
Employees of Bexar County who live in Guadalupe County are being asked to be extra vigilant, and if they or any family members have flu symptoms, to stay home, said Bexar County spokeswoman Laura Jesse.
“Since the school district has made the decision to shut down for the next week, we advise our employees to use their better judgment, definitely, if they are feeling ill, not to come to work,” Jesse said.
That goes for the general population, too, said Emily Palmer, spokeswoman for the Texas Department of State Health Services.
“Our recommendations are that people who are sick stay home,” Palmer said. “I don't want to minimize this. We are concerned and we are actively doing surveillance.”
The state also wants doctors to change their normal approach to possible influenza patients, Guerra said.
Instead of running their own tests or using private labs, doctors should contact the state or Metropolitan Health District officials and use those labs to test throat cultures, she said.
She fully expects Bexar County swine flu cases.
“I think we're prepared for that,” she said. “We understand people are people, and we tend to be mobile.”
Dr. Anne Schuchat, director of the CDC's National Center for Immunization and Respiratory Diseases, noted in a press briefing Sunday that only one of the 20 confirmed U.S. cases had been hospitalized.
In Mexico, hundreds have been sickened with the same strain of swine flu that is affecting people in the U.S., and numerous people have died, with 12 of the deaths confirmed as the same strain. Canada has confirmed several cases, while New Zealand and Spain are investigating possible infections.
Why that strain at this point appears to be more lethal in Mexico is still a mystery, Schuchat said.
It's also too soon to say why it appears to be affecting young, healthy people as opposed to the very old and very young, who are generally the most vulnerable, she said.
But those numbers may change as more cases are diagnosed, which health officials expect.
Rebecca Villarreal, spokeswoman for the Schertz-Cibolo-Universal City district, said the situation is changing every day.
The school district has set up an information hotline at 210-619-4700 for parents and school employees to call for updates, Villarreal said.
“We recorded the message for the week, and if there's a change we'll update it,” she said, adding that the district is working on adding a Spanish version of the message. “We know we're going to have questions, especially come Friday, (when) the big question will be, ‘Is there going to be school on Monday?'”
The tone of that question may depend on whether it's being asked by parents or students.
“The kids are doing a happy dance,” said Ken Singel, who has a middle-school and high-school student in the district. “My wife's telling me that she's not going to let 'em out, but ... the little one is already agitating for Schlitterbahn.”
Singel's wife is a nursing professor, he said, so they're taking precautions, but are not overly concerned.
I don't think this will be as problematic as I first thought as I skimmed through the case.
There will still be valid reasons including an "inventory" search, I believe.
Ruling on vehicle searches scrutinized By Michelle Mondo - Express-News
It's too early for local law enforcement agencies to know the impact of a U.S. Supreme Court decision in an Arizona case that limits warrantless searches of vehicles, officials said.
Last week, the Supreme Court ruled unconstitutional a search that turned up drugs in a vehicle belonging to a man arrested on a traffic violation charge. He was handcuffed and did not pose a threat to the officers, and because of that the high court ruled the search was a violation of his rights.
A generally accepted procedure is for officers to search a vehicle following an arrest, regardless of the reason for the arrest or the threat posed. In the 5-4 opinion in Arizona v. Gant, the justices ruled that too many average Americans are subject to warrantless vehicle searches.
The San Antonio Police Department and the Texas Department of Public Safety said they are studying the issue, but neither could say if any changes would be made.
Legal experts point out there are plenty of valid reasons for an officer to search a person's vehicle, whether it's by consent, with probable cause or in a case in which the vehicle is impounded.
Bexar County First Assistant District Attorney Cliff Herberg said it remains to be seen how local courts will interpret the decision, but he does not believe the impact will be as broad as some fear.
Herberg said the high court has routinely ruled that motorists should expect little privacy.
“People are always surprised to find they don't have a lot of privacy in the car,” he said. “If you don't want it to be found, don't put it in your car.”
Also, the court's decision does allow for a search if the person still has access to the vehicle, or if evidence related to the arrest is likely to be inside the vehicle. In a dissenting opinion, justices said the ruling could cause confusion among law officers.
Mike Helle, the San Antonio police union president, said more evaluation of the ruling is needed but he didn't think it would cause too much of a disruption.
“It may mean that it makes the job a little more difficult, but I think in the end the job will still get done,” he said.
Gerald Reamey, a constitutional law professor at St. Mary's University School of Law who consults for police departments, believes the ruling tightens the policy and is actually better for officers.
“This will not cripple law enforcement,” he said.
James McLaughlin, general counsel for the Texas Police Chiefs Association, said the agency has heard concerns from across the state. He too is uncertain how the ruling might affect departments.
“I think we have to wait and see,” he said. “One of the concerns is officer safety, and what the justices thought is once you got them secured they shouldn't be a threat to you.”
