I have a trial on Monday for two defendants, both charged with Criminal Mischief (less than $1500), Impairing Public Water Supply. The two were neighbors, and both of their water meters had been shut off by the city for non-payment. One home's water meter was broken into and they both hooked up garden hoses to it to get water to their respective houses. (One directly to the meter and the other hooked up to their neighbor's house).
My question is this: who should be listed as the "owner" of the water in the charging instrument? These cases were filed at separate times for some reason, and one lists the City as the "owner", while the other lists the name of a person who works in the City's Public Works Department. My instinct says the City is the right answer, but does anyone think having a Public Works person's name listed could also be right? And since the two cases are being tried together, would it be wise to have both charges read the same? (Gut says yes again).
Thanks for any help, I really appreciate it!
Who exactly is "City of ..."? If someone shoplifts from Wal-Mart, you do not list a member of the Walton family, or the millions of shareholders, as your theft victim. This is analogous, so put the name of whomever will actually be called to testify.
I just sat through a criminal mischief where Defendant cut a woman's phone line to her house. Both a representative of the phone company and the woman would have served as owner. Since it was 1-800 For a phone, and they apparently do not even keep records, we went with her.
Your case should be easier.
When I have filed similar charges, I allege the City of Sweetwater, then in parentheses insert the name of the person I'll be using to testify, such as the Public Works DIrector. That way no one can say I didn't give full information.
Sorry to be so late with this...
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.