Archive for the ‘Law’ Category

Because he got high.

Monday, December 18th, 2017

Because he got high, Ryan Boehle threatened to shoot cops.

Okay, that may be a slight exaggeration: “he planned to celebrate his 50th birthday by shooting police because he was upset about a drunken driving arrest in which his blood test came back negative for alcohol”.

Mr. Boehle was arrested. The police seized a total of 13 guns, “1,110 bullets” (sorry, I’m quoting the Statesman here) and 6.3 grams of marijuana.

Mr. Boehle was never actually charged for the threats. The judge in the case is quoted as calling his writings “marijuana-induced gibberish.” It sounds like this is one of those true threat/not a true threat sort of legal distinctions that Ken White keeps trying to explain to myself and other people, and I keep not understanding, but that’s getting off topic.

(Also, “Marijuana-Induced Gibberish” would be a great name for a band.)

But we have to throw him in jail for something, right?

(“Why?” Hey, that’s not the kind of question you should be asking.)

I know! We’ll get him for “making a false statement in connection with the attempted acquisition of a firearm”! Mr. Boehle has a misdemeanor domestic violence conviction from 1993 in Connecticut: he allegedly “slapped, choked and bit his girlfriend”. As a result of this, he apparently failed the background check at three Austin area gun shops (again, per the Statesman).

However, during pretrial litigation the charge was determined to be insufficient to prohibit gun possession.

Oh, dear. Now what is the state going to do?

Wait: there’s that devil’s lettuce they found!

With their case weakening, prosecutors held tight to the gun-and-weed charge, using it to successfully to argue that Boehle should be denied bond and kept in jail pending the resolution of the case. Characterizing Boehle as a habitual marijuana user took little effort from the government, which not only had the pot found in his home but also test results from the DWI arrest that showed the presence of the drug.

Cutting closer to the end of the story, Mr. Boehle pled out to a charge of “owning a gun as a prohibited person”. You see, pot is still federally illegal, and the law says it is illegal for a pot smoker to own guns.

The 5th U.S. Circuit Court of Appeals established the definition of an unlawful drug user who is unable to own guns in 1999, when it affirmed the conviction of a Midland man who had been arrested several times with marijuana. He argued on appeal that the law fails to establish a time frame for when a person must use a controlled substance in connection with the possession of a firearm. The court ruled that an ordinary person could determine the man was a drug user. He was sentenced to two years in prison.

This doesn’t happen a lot. The Statesman quotes one California attorney who specializes in pot law as saying he’s never seen this in 50 years of practice. On the other hand, though, the Honolulu PD famously recently sent out letters to people with medical marijuana cards: “Give up your guns, or else.” (They apparently haven’t followed through on the “or else” part yet.)

Mr. Boehle was sentenced to five years of probation, and will be drug tested as part of that. The twist at the end is: he has a form of epilepsy, and wants to use a low THC marijuana extract to treat it. But he’s going to have to get his probation terms modified to allow this treatment. Texas has only recently legalized the use of the extract to treat epilepsy (“…only after a patient has tried at least two other treatments”) so Mr. Boehle will be venturing into uncharted territory.

So, so close…

Thursday, December 14th, 2017

Hutto is a fairly small city near Austin (about 15,000 people).

Two Hutto residents are facing charges after law enforcement found found meth and cocaine, nearly two dozen firearms, explosive devices and other paraphernalia inside a house.

…

Inside the home, the release says Hutto investigators recovered 21 rifles and handguns. One of the recovered firearms had been reported stolen 18 years ago, officials said.

…

Molotov cocktails, pipe bombs and several other weapons were arranged in a “defensive posture” throughout the residence, the release says.
Hutto police also found an illegal alcohol distillery at the property. Texas Alcohol Beverage Commission agents joined the other agencies in the house search to dismantle the distillery.

So we’ve got:

  • Alcohol
  • Firearms
  • and Explosives

Man, if they had just had untaxed cigarettes or something else equally ludicrous, we would have had the BATFE quadfecta.

You’re going down in flames, you tax-fattened hyena! (#44 in a series)

Monday, December 11th, 2017

This is outside of my usual area of coverage, but there’s a nice twist to it.

On Friday, former Massachusetts state senator Brian A. Joyce was arrested. There are 113 counts in the indictment, including “mail fraud, theft of federal funds, money laundering, scheme to defraud the IRS, 20 counts of extortion, seven counts of money laundering, and conspiracy to impair the functions of the IRS.”

“conspiracy to impair the functions of the IRS”. I love that.

The feds contend Joyce took money in exchange for official action, using his Senate office for private gain in a scheme that may have netted up to $1 million since 2010, according to the 102-page indictment.

But 113 counts? Man, dude is a bit of an overachiever there. What was his secret?

Would you believe…coffee?

Joyce received up to 700 pounds of free coffee, and roughly $125,000 grand in alleged kickbacks, from a Dunkin’ Donuts franchisee owner, who later claimed it was in exchange for legal services. Joyce passed out coffee at town hall meetings and to other senators, authorities said.
“No decaf,” Joyce told the franchisee owner in a December 2014 email for one request, according to the indictment. He added “We like k cups (sic) at my office if possible.”

I know, if you’re going to sell out for coffee, why not make it good coffee? But I don’t think my Texas readers understand the extent to which the Northeast runs on Dunkin’ Donuts. I think I’ve told the story before about traveling in that neck of the woods with some friends and co-workers, and the Dunkin’ Donuts every 100 yards becoming a running gag with us.

Quote of the day.

Thursday, December 7th, 2017

The Los Angeles Police Department has advised drivers to be wary of following navigation apps that direct them through areas that are on fire.

(Previously on WCD.)

You’re going down in flames, you tax-fattened hyena! (#43 in a series)

Tuesday, December 5th, 2017

Corrine Brown, the former Congresswoman from Florida about whom we have written previously, was sentenced yesterday.

Five years in federal prison.

Her lawyer, James Smith, said he planned to appeal the verdict and the sentencing. “The sentence was substantively unreasonable, and it was too harsh,” Mr. Smith said in an interview Monday evening. While sentencing guidelines called for a term of between more than seven years in prison up to nine years, Mr. Smith said that politicians convicted of similar crimes had received more lenient sentences.

“Other people got off easy, therefore my client should, too.” Good luck with that.

Brown’s longtime chief of staff, Ronnie Simmons, was sentenced to 48 months in prison, and the fake charity’s founder, One Door for Education President Carla Wiley, was sentenced to 21 months.

Mr. Simmons and Ms. Wiley also testified against Ms. Brown.

[U.S. District Judge Timothy] Corrigan criticized as “beyond the pale” some of the remarks Brown made to the media during the run up to her trial, “especially her reprehensible statement implying that the FBI might have been able to prevent the Pulse nightclub shooting in Orlando if it wasn’t preoccupied with investigating her.”

Obit watch: December 5, 2017.

Tuesday, December 5th, 2017

Officer Kenneth Copeland of the San Marcos Police Department was killed yesterday.

Officer Copeland was assisting other officers in serving a warrant, and was shot by the suspect. He was 58 and had four kids.

Officer Copeland is the first San Marcos PD officer to die in the line of duty.

Also among the dead: John Anderson, former Congessman from Illinois, perhaps most famous for his presidential campaign as an independant against Jimmy Carter and Ronald Reagan in 1980.

He failed to curry favor.

Friday, December 1st, 2017

Question #2: does athletics director John Currie quit, or get fired?

Answer: he got fired this morning, according to “reports”. The press conference is at 4 PM Eastern.

ESPN reports that Currie was in LA yesterday, interviewing Mike Leach (!).

University officials instructed Currie not to broker a deal with Leach or anybody else prior to returning to campus, sources told ESPN.

And I don’t have another good place to put this, so I’ll stick it here:

Former coach Rick Pitino has sued the University of Louisville Athletic Association for $37.6 million, saying it breached his contract by placing him on unpaid administrative leave without notice and then firing him last month with no legally justified cause.

The discovery on this case has the potential to be interesting like a train wreck. I can smell the popcorn now…

Short notes from the legal beat.

Friday, December 1st, 2017

Dabrett Black is the man who shot Trooper Damon Allen to death on Thanksgiving Day.

Police camera footage obtained by WFAA-TV from the 2015 incident in Smith County, about 95 miles east of Dallas, shows Dabrett Black beating a sheriff’s deputy. The deputy, identified as Wesley Dean in court documents, no longer works at the department. The court documents say he suffered black eyes, a broken nose and lacerations above his eyes that required stitches to close. The footage also shows him talking to the in-car camera saying to imagine if he had had a weapon and talking about his belief that law enforcement officers target minorities.

Mr. Black was allowed to plead to a misdemeanor charge instead of two felony charges. The plea was not approved by the local DA or his assistant, which is apparently a violation of policy. However, the current DA has said he’s not going to fire the ADA who took the plea. That current ADA is running for the DA position, and doesn’t have any opposition.

When the shooting occurred, Black was free on $15,500 bail in another Smith County incident where he was charged with assault on an officer and evading arrest after a police chase this summer ended with Black allegedly ramming a patrol car.
Probation officers had told staff to be careful of Black in internal emails after the 2015 attack, according to the material obtained by WFAA. In a July 2015 email, a probation officer told staff he believed Black was trying to provoke them into responding and encouraged them to be vigilant both inside and outside the office because he believed Black was the kind of guy who would ambush someone.

Back in September, a man named Brandon Berrott was arrested and charged with making terroristic threats against his girlfriend. After his arrest, the threats continued: he was jailed “at least” three time, had to post bail, and lost his job.

The girlfriend, Lisa Marie Garcia, ultimately called the mayor of Baytown and complained that the state district judge who was presiding over the cases against Berrott was taking bribes to let Berrott out on bail.

And you won’t believe what happened next, as BuzzFeed would say:

Lisa Marie Garcia was charged with retaliation and online impersonation in a case prosecutors called “a nightmare.” She is accused of using fake social media accounts and cell phone apps to manufacture false threats and claims that appeared to be from her boyfriend. If convicted, she could face up to 10 years in prison.

Yes, it’s another classic “b—-h set me up!” case that turns out to be true.

After her boyfriend made bail, Garcia set up Instagram accounts pretending to be him and sent messages to herself and the other woman threatening to kill each of them for calling the cops on him. She then took the messages to the Baytown Police Department and the Harris County Sheriff’s Office, leading to seven charges being filed between Oct. 21 and Oct. 31.
Each time he got out on bail, Garcia would fake more messages and call the police, landing Berrott back in jail or court. He was accused of violating his bond conditions and no-contact orders.

Mr. Berrott was lucky enough to have an attorney who actually believed in his innocence, and who was able to convince the authorities to do more investigation.

[Britni] Cooper [the prosecutor – DB] said the onslaught of charges in October did not immediately raise red flags because the complaints were filed with different agencies. Once the DA’s office, the sheriff’s office and Baytown police department put the pieces together, the pattern and the holes, were easy to see.
As the investigation continued, she said prosecutors were instructed to stop accepting charges from Garcia, who continued calling the police and filing false reports even while Berrott was working with authorities to clear his name.

What kind of holes?

…one threatening message was sent at the same time as Berrott was on video handcuffed in the back of a police car.

The defense attorney was Carl Moore. Folks in Baytown, remember that name, and please throw some business his way if you can: it sounds like he’s one of the good guys. The scary thing is: how many other people are in jail for similar reasons, and don’t have that kind of support network?

This news broke late last night, while I was at the CPA class, so I wasn’t able to blog it at the time, and it has been covered a lot elsewhere. But I did want to say a few things about the acquittal of Jose Ines Garcia Zarate on charges of killing Kate Steinle, since I’ve touched on it before.

1. I’ve written before about my belief that “the verdict of a jury deserves a certain amount of deference“. I still believe that: the jury was there, I wasn’t, the jury saw and heard all the evidence, I didn’t, the jury deliberated, I didn’t. But sometimes, it’s real hard to hold on to your principles. Then again, if it was easy to have principles, would they be principles?

2. In that vein, “Law is the manifest will of the people, the conscious rule of the community.” But a lot of the comments I was reading last night at Instapundit are…disturbing. Have we really reached the point where people are ready to form lynch mobs?

(“Hain’t we got all the fools in town on our side? And ain’t that a big enough majority in any town?”)

3. There’s a lot of smart stuff from other people out there on this case. In particular:

(Follow the thread from there.)

4. Also smart: Sarah Rumpf’s “Have We Been Lied to About the Kate Steinle Case?” There’s a lot in there that I didn’t know: I wasn’t following the case that closely, but other people have said the same thing. For example, the bullet that hit Steinle was actually a ricochet off the concrete pier.

There’s also some things that I have problems with, which are not Ms. Rumpf’s fault. In particular, the whole thing about the SIG being unusually prone to “accidental discharge”. I don’t own any SIGs: Mike the Musicologist is the SIG (and FN) guy. I also don’t own one of those cool trigger pull measuring gadgets, so I can’t tell you what the trigger pull on any of my auto pistols is. It looks like standard trigger pull on a Glock is somewhere between 5.3 and 6 pounds according to GlockTalk.

Is 4.4 pounds too light? That seems questionable. And a lot of those cited incidents seem to involve holstering the gun: could the problem not be with the SIG, but with people not keeping their booger hook off the bang switch?

In a four-year period (2012-2015), the New York City Police Department reported 54 accidental firearm discharges, 10 involving SIG Sauers.

But:

New NYPD officers are allowed to choose from one of three 9mm service pistols: the SIG Sauer P226 DAO, Glock 17 Gen4, and Glock 19 Gen4. All duty handguns are modified to a 12-pound (53 N) NY-2 trigger pull.

It’s also not clear to me which model of SIG was involved in the shooting. I think this whole “bad gun!” thing needs some more investigation, and my short notes are already long enough as it is.

5. Also smart: Patterico on California homicide law. (Has anyone ever seen Patterico and Ken White in the same room together? Just asking.)

Quickies: November 25, 2017.

Saturday, November 25th, 2017

What do we always say, folks?

That’s right: don’t bring a knife to a gunfight.

Mike Riley out as Nebraska head coach. 19-19 over three seasons.

And this isn’t sportshirings.com, but that soft wet sound you heard recently? That was the sound of Gregg Easterbrook’s head exploding. (For those who don’t remember, Easterbrook had some sort of grudge against Chip Kelly during his NFL coaching career, and wasn’t hesitant to advance that grudge in his column.)

Random Black Friday notes: November 24, 2017.

Friday, November 24th, 2017

Officer Damon Allen of the Texas Department of Public Safety was killed yesterday.

Texas DPS said via Twitter that the trooper stopped a Chevrolet Malibu on Interstate 45 in Freestone County, east of Waco, around 3:45 p.m. After Allen talked to the driver, the driver fired at him with a rifle, and the trooper died at the scene.

The suspect is in custody. What makes this even more awful is that this is the second DPS line of duty death this month: officer Thomas Nipper was killed on November 4th, after a vehicle crashed into the back of his car during a traffic stop.

Headline of the day:

There’s a dog head possibly infected with rabies lost in TX mail

Firings and obits: November 22, 2017.

Wednesday, November 22nd, 2017

Seems like the story of my life, firings and obits. Anyway:

Ken Norton Jr. out as the defensive coordinator for the Oakland Raiders.

I don’t think this is the dumbest thing I’ve read on ESPN, but I do think it is in the top 10.

…if you are a college football player, try to avoid punching one of your assistant coaches in the head twice.
Because that behavior doesn’t just get you benched: it gets you thrown off the team and expelled from the university.

And now, it gets you charged with aggravated assault.

Bob Stitt out as Montana’s head coach.

Obits, mostly for the record: David Cassidy. Della Reese.

Obit watch: November 20, 2017.

Monday, November 20th, 2017

Man, it was a weekend, wasn’t it? Sorry I didn’t get to some of this yesterday, but I spent a large part of the day foraging for food in Westlake (Why is it so hard to find a restaurant that’s open on Sunday in that part of town?) and then on an expedition to Pflugerville to visit the new Aldi grocery store. (The natives are wary, but I think we started to win them over.)

Anyway: Malcolm Young, AC/DC co-founder. I feel a musical interlude coming on, but I think I’ll do a jump first.

Mel Tillis, who sang both types of music: country and western.

He even went so far as to make the nickname Stutterin’ Boy, conferred upon him by the singer Webb Pierce, the title of his autobiography (written with Walter Wager and published in 1984), and to have it painted on the side of his tour bus. He also named his personal airplane Stutter One and referred to his female backup singers as the Stutterettes.

Dr. John C. Raines is dead at the age of 84. This name is probably not familiar to you, but the story is interesting.

Dr. Raines, along with seven others, broke into a FBI office in Media, Pennsylvania on the night of March 8, 1971 (during the Frazier-Ali fight) and stole a large number of FBI internal documents. They later released those documents to the press and to members of Congress.

The burglary, and subsequent lawsuits by NBC and others, prompted a groundbreaking investigation in 1975 by the so-called Church committee, a special Senate panel led by Senator Frank Church of Idaho. The committee revealed details of the F.B.I.’s secret Cointelpro, or counterintelligence, operation, which included illegal sabotage of dissident groups deemed to be subversive.

The NYT obit gives a pretty good summary of the whole affair. But, if you’re interested, I recommend The Burglary: The Discovery of J. Edgar Hoover’s Secret FBI by Betty Medsger: it gives a detailed account of the planning, the execution, the aftermath, and what happened to the principals (as of 2013-2014).

Last, and definitely least, Charles Manson is burning in Hell. NYT. LAT. Lawrence.

I’ve felt for a while now that we would be much better as a culture if we all agreed to ignore Manson, beyond providing him with basic human needs (food, shelter, medical care). No publicity, no interviews, no cover versions of his “music”: we should have just let him rot silently.

They’re creepy and they’re kooky, they’re all together spooky, the Manson family.

Mr. Manson was a semiliterate habitual criminal and failed musician before he came to irrevocable attention in the late 1960s as the wild-eyed leader of the Manson family, a murderous band of young drifters in California. Convicted of nine murders in all, Mr. Manson was known in particular for the seven brutal killings collectively called the Tate-LaBianca murders, committed by his followers on two consecutive August nights in 1969.

I do like that paragraph: “semiliterate habitual criminal and failed musician”, indeed. This one, too:

Manson was a pathetic, cowardly con man & should be remembered for that alone.

Time for a palate cleanser. After the jump, musical interludes.

(more…)

#EndNurseAbuse

Wednesday, November 1st, 2017

Alex Wubbels, aka “the nurse who got arrested by a rogue cop for refusing to allow him to draw blood from a patient without a warrant”, settled out of court.

Attorney Karra Porter said at a news conference that the agreement with Salt Lake City and the University of Utah covers all parties and takes the possibility of legal action off the table. “There will be no lawsuit,” she said.

The settlement was for $500,000. What’s she going to do with that money?

Wubbels will use a portion of the money to help people get body camera footage, at no cost, of incidents involving themselves, she said at the news conference. In addition, Porter’s law firm, Christensen & Jensen, will provide for free any legal services necessary to obtain the video.

Good for her, and for Christensen and Jensen.

Wubbels said she also will make a donation to the Utah Nurses Association and will help spearhead the #EndNurseAbuse campaign by the American Nurses Association.

Double good for her.

Porter said she hopes the discussion about the need for police body cameras continues and noted that the footage also protects law enforcement officers.

I’m pretty sure I’ve said this before, but: this is what we hear from officers in the CPA classes, too. Good officers love body cams because they know, if they act right and it comes down to their word against someone else’s, the body cams will back them up.

(Oh, by the way: Lt. James Tracy and Detective Jeff Payne are apparently appealing their discipline.)

Obit watch: special crime and law edition, November 1, 2017.

Wednesday, November 1st, 2017

June Robles Birt, better known under her maiden name, passed away September 2nd. Her death was not widely reported until a few days ago, after a writer working on a book contacted the NYT.

In the afternoon on April 25, 1934, Ms. Robles, who was six years old, was returning from her school in Tuscon, Arizona.

A man approached her. He said her father had asked him to give her a lift to his store. After some cajoling, she got into his car, a black Ford sedan.
Later that day, a local boy handed her father a ransom note. The boy said an unidentified man had given him 25 cents to deliver it. The note demanded $15,000 (about $300,000 in today’s money). Mr. Robles scribbled a reply — its text was not reported — and gave it to the boy to carry back to the kidnapper. According to the testimony, however, when the boy looked for the man, he was gone.

To make a longish story somewhat shorter, the Robles family went around with the kidnappers for 19 days. Finally, the kidnappers sent a map and directions to the governor, prompting a search. Clarence Houston, the county attorney, found “…a mound of dirt covered with sagebrush, mesquite and cholla cactus. Beneath it, he discovered a perforated sheet of metal, which proved to be the top of a narrow, coffinlike underground cage.”

June Robles was still alive.

The girl was filthy, blistered by prickly heat and bitten by ants, her ankles chafed by chains attached to an iron stake. She said she had subsisted on fruit, bread and jam, potato chips and graham crackers that the kidnappers had left. She had made do with a ceramic pot for a toilet.
Immediately after her rescue, as she was escorted away, all she seemed concerned about was her report card, which she had left behind in her underground cell. “I went back and got it,” she told The Tucson Daily Citizen. “I wanted my mama to see it.”

Nobody was ever convicted of the kidnapping. One person was suspected, but the authorities were unable to make a case against him. There are hints in the NYT that some people (possibly including Hoover’s FBI) thought the whole thing was some sort of setup.

Ms. Robles lived the rest of her life quietly.

The last time Little June was interviewed, in 1936, she said that all she had wanted was “to be a mother like my mother.” And that was what she became.
Her marriage in 1950 was to Dancey Birt, an aircraft factory supervisor at the time. He survives her. Besides her son James, she is also survived by three other children, Thomas, Bruce and Barbara; five grandchildren; and three great-grandchildren.

Jon Lester passed away in England on August 14th. According to his family, he committed suicide. He was 48 years old.

Mr. Lester was 17 years old and living with family in the Howard Beach section of Queens on December 20, 1986. Early that morning, he ran into three men whose car had broken down in the neighborhood. Mr. Lester went back to a birthday party nearby.

“There’s niggers on the boulevard,”…[Lester] was quoted as telling the beered-up partygoers, adding (and inserting an expletive), “Let’s go kill them.”
According to later courtroom testimony, the 5-foot-4 Mr. Lester was a ringleader of a dozen white teenagers who jumped into three cars and ambushed the black men at a nearby pizza parlor.

The gang beat the crap out of Cedric Sandiford “with a baseball bat, a tire iron and a tree limb”. Another man, Timothy Grimes, escaped. A third man, Michael Griffith, fled onto a “busy highway”, where he was struck by a car and killed.

Mr. Lester was convicted of second-degree manslaughter and first-degree assault in 1988 and received a prison term of 10 to 30 years. He was paroled in 2001 and immediately deported back to England.

“He suffered from depression due to the fact that he was wrongly convicted,” his sister Jayne Lester said in a telephone interview from Florida, where she lives. “He was just tormented. He was never the same person.” Her brother was haunted by “guilt dreams,” she said, but was not a coldblooded killer.
“He really wasn’t a bad person the way they made him out to be,” she said. “He wouldn’t tell on anybody, and they had to blame someone.”

…

“In my heart I’m sorry to hear of his death,” Mr. Griffith’s mother, now Jean Griffith Sandiford, said of Mr. Lester in a telephone interview on Monday. “Regardless of what happened, I always forgave them.”

…

He added, however: “I accept responsibility for Michael Griffith’s death. If we hadn’t chased him, he wouldn’t have died.”
Charles J. Hynes, the special prosecutor in the case, rejected Mr. Lester’s version of events and expressed dismay at his release from prison after he had been rejected four times for parole.
“Jon Lester can try and rewrite history all he wants,” Mr. Hynes wrote in an email on Monday. “Some would say 15 years’ imprisonment is significant punishment, but after 15 years he was alive, and Michael Griffith is dead.”

…

“I was just a typical cocky teenager who got involved in a situation which I couldn’t control,” he told the British newspaper The Sunday Mirror in 2001.
“I’m not that baby-faced thug anymore,” he told The Daily News.
“I’m responsible for someone being dead,” he said in an interview with The Times Herald-Record of Middletown, N.Y. “I can never undo that, and I will live with it every day forever.”

…

“In his last days he was a successful and caring businessman with a high degree of integrity who tried to live his life and give back to society,” his sister Jayne Lester said. “He always regarded the Howard Beach case as a huge tragedy to everyone involved.”
She added, “The fact that he couldn’t come back to America is basically what killed him, because he couldn’t be with his family.”

Quick followup.

Tuesday, October 31st, 2017

Those two NYPD cops who claimed they had “consensual sex” with a woman who they arrested?

They’ve been indicted.

Typically, when officers are charged with crimes, their colleagues come to court in a sea of blue uniforms to support them. But on Monday, not one officer appeared in court with Detectives Martins and Hall.