If he can chew enough Red Man to get to .144, he's ready to bypass NASCAR and go straight to the monster truck circuit. I am impressed.

Actually this was one I defended.

Victim found in car outside serious drink party, observed have fight with best friend. Single contact wound to temple. Officers go to deffendant's house, no answer, kick door. Defendant sitting on floor with gun in his mouth, blood all over him.

Victim's BAC 0.25, defendant tested at hospital 0.33. Gun purchased by victim on the day of the shooting.

Defense, I wanted to commit suicide and my buddy didn't want me to, but I talked him into showing me the right way to do it. But we were really drunk and whoops.

Pled to 15.

Priest nabbed while running nude

8/8/2007, 5:09 p.m. CDT
The Associated Press
FREDERICK, Colo. (AP) � A Catholic priest faces an indecent exposure charge after jogging in the nude about an hour before sunrise.

The Rev. Robert Whipkey told officers he had been running naked at a high school track and didn't think anyone would be around at that time of day, a police report said.

He told officers he sweats profusely if he wears clothing while jogging. "I know what I did was wrong," he said in the report.

And this activity did not occur in Williamson County!

Confessing man prefers jail to marriage, police say

Web Posted: 08/10/2007 07:30 AM CDT

Marvin Hurst
KENS 5 Eyewitness News
When most people want out of a marriage, they separate or file for divorce. But a San Antonio man took a unique approach.
According to police, Danny Joe Herrera confessed to robbing a Northwest Side sporting goods store with a fake gun Thursday evening because he was tired of his wife and wanted to go back to jail.

Herrera was arrested and charged with aggravated robbery and other criminal charges out of Dallas. He is currently being held at the Bexar County Detention Center.

According to police, the 31-year-old showed a gun to a cashier at Academy Sports and Outdoors in the 2600 block of Northwest Loop 410. He demanded the cash register, grabbed it, and left the store.

Herrera was caught on the side of a nearby strip club. Officers recovered the cash register. They also found the plastic BB gun used in the robbery.

Recently was told by co-worker she had a PI case where Defendant who was stumbling around the streets and passed out on neighbors porch.

His Defense "My (male equipment) hurt so bad from illness/injury that is why I was stumbling around and passed out on the porch."

He was kind enough to send photos of his ailing equipment to support his defense.

Aug. 29, 2007, 8:00PM
Legless driver, friend both slapped with DUIs

Associated Press

ABBOTSFORD, Wis. ? Police cited a legless man and his friend with drunken driving ? the third and second such arrests for the men, respectively ? saying the amputee was at the wheel while his friend worked the pedals.

Harvey J. Miller, 43, was steering the 1985 Chevrolet truck and Edwin H. Marzinske, 55, was operating the pedals when they were pulled over Aug. 18, according to a police report.

Miller, who was sitting in the driver's seat, told officers he had too much to drink, but argued he wasn't really driving since Marzinske was on the brake and the accelerator, police said. Marzinske was arrested on the same charge.

Miller received a citation for a third drunken driving offense. Marzinske was cited for a second drunken driving offense. Both men also were cited for driving after their licenses had been revoked.

A third man in the truck, also drunk, walked himself home after the traffic stop, police said.

I've occasionally toyed with the idea of charging someone as a party to the offense of DWI, but I've never actually seen a case of literally aiding and assisting another to commit the crime! Much less both of them committing it as principals in the same car at the same time.

The closest I have had come to that was a DWI case in which the driver and the passenger switched seats in the moving car as the officer was pulling them over because the first driver thought he was more drunk than the second driver. Both got tagged for DWI. The first driver (who became the passenger) pled and moved away; the same attorney who pled him represented the second driver at trial (I took issue with it, but apparently too late); he was convicted also.

Could you also have charged the 2nd driver with tampering with evidence for trying to conceal the first driver's guilt?

Judge approves Devoe's extradition to Texas

Murder suspect was in stupor after bite from rattlesnake, family says.

By Frank Eltman
ASSOCIATED PRESS
Tuesday, September 18, 2007

http://www.statesman.com/news/content/news/stories/local/09/18/0918devoe.html

RIVERHEAD, N.Y. � Relatives of a man accused of killing six people in Texas and Pennsylvania apologized to their families Monday, said the suspect had psychological problems and suggested that a rattlesnake bite may have set him off.

"We feel it's a psychological stupor he was in," an uncle, Ed Nelson, said outside court before a judge ordered Paul Devoe extradited to Texas. "He couldn't wake up from a bad dream."

"Our hearts go out to the families, but I am going to stick by my brother," said Steven Devoe, who accompanied his mother and uncle to court. "He never got the psychological help he needs. He's been in and out of jails his whole life."

Devoe, 44, was arrested last month after deputy U.S. marshals tracked him to a friend's house on eastern Long Island in New York. He is wanted in Central Texas in connection with the killings of five people in late August: an ex-girlfriend, her daughter and two visitors to their Jonestown home, as well as a bartender in Marble Falls.

Authorities in Pennsylvania have charged him with killing a woman there. They say he stole her car to continue his journey from Texas to New York.

Travis County sheriff's department spokesman Roger Wade said the logistics of Devoe's extradition � how and when he will be returned to Texas � will be kept confidential for security and safety reasons.

Devoe moved to Central Texas several years ago after spending much of his life on Long Island, authorities said.

Nelson said his nephew was bitten by a rattlesnake days before the killing spree began and suggested that a reaction to the medication he was prescribed for the snake bite, along with alcohol, led to a psychological condition that led to the killings.

"I think a jury will summarily dismiss that defense," Suffolk County District Attorney Thomas Spota said in New York.

Several experts in Texas who are familiar with the study of snakes and antivenins also played down Nelson's claim.

"I know of no literature or study that would support that," said Dr. John Perez, director of the Natural Toxins Research Center at Texas A&M University in Kingsville. "We're very familiar with the side effects of antivenin, and I've never heard of that."

"I think it's a crock, personally," said Austin Zoo Assistant Director Tanya Wyche, who also said she has never heard of such a reaction to antivenin. "As many years as I have been in the zoo business, I can't imagine I wouldn't have heard of something like that."

Devoe's mother, Diana O'Connell, said that her son called during his drive from Texas to New York and said, "Mom, I'm in trouble. I'm on the run."

"He was not in a right mind," said O'Connell, who said her son called her several times and made similar calls to his sister.

Devoe had contested his extradition, but his court-appointed attorney said Monday that his client was resigned to returning to Texas.

Eve didn't get off either - AND, she didn't
even get bitten.

[This message was edited by A.P. Merillat on 09-18-07 at .]

Dentist claims breast rubs sometimes appropriate

The Associated Press

WOODLAND, Calif. � A dentist accused of fondling the breasts of 27 female patients is trying to keep his dental license by arguing that chest massages are an appropriate procedure in certain cases. Mark Anderson's lawyer says dental journals discuss the need to massage the pectoral muscles to treat a common jaw problem.

Police say Anderson said during recorded phone calls that he routinely massaged patients' chests to treat temporo-mandibular joint disorder, or TMJ, which causes neck and head pain.

Attorney Robert Zaro told administrative law judge Jonathan Lew at a hearing Thursday that he should let Anderson keep his dental license while disciplinary appeals proceed. Anderson would be supervised by two assistants and would no longer do the chest rubs, Zaro said.

Zaro said Anderson, 48, of Woodland, needs to keep seeing patients so he can feed his seven children and pay for his defense.

The judge made no immediate decision.

Lew suspended Anderson's dental license last month. He was charged with two misdemeanor counts of battery and sexual battery. Yolo County prosecutors are investigating complaints from more than two dozen women who say they also were groped in the examining chair in the last five years.

Deputy Attorney General Jeffrey Phillips gave Lew three new complaints, including one from a 31-year-old woman who said Anderson fondled her at least six times over two years.

She took to wearing tight shirts with high necklines, "and Anderson would still get in under her shirt and bra," according to a police report.

Six times and she kept coming back?

What gun? Oh, this gun? Uh, it came with the pants'
October 14, 2007

Not everyone is born with the talent to make up plausible alibis on a moment's notice. Take the gang member walking down an L.A. street with a handgun visible in his waistband. Before he donned a pair of handcuffs, he told officers John Banuelos and Manny Sierra that "the pants he was wearing were actually not his and he hadn't noticed that it [the gun] was in there," said the Thin Blue Line, an LAPD newspaper. Further proof of the complications that can ensue if you get in someone else's pants.

Police said David A. Silva, 36, smashed a window at Freedom Dodge but before he could get inside, a security guard stopped him. Silva apparently told the guard God wanted him to steal a Dodge Charger for the Almighty.

Details.

Does this condition only afflict women?

Not a murder case but I had a rape case once where the defendant wanted his lawyer to put forward the “bi-furcated” defense of mistaken identity and consent. Which went sort of like this, “It wasn’t me who raped her…but if it was… then she wanted it.”

Just for Halloween weekend:

http://www.dentonrc.com/sharedcontent/dws/drc/localnews/stories/DRC_zombie_defense.268927e5a.html

JAS