Lock & Load

Just as an aside, tonight is one of those nights that makes me glad I live in Texas.  I’m sitting out on my back deck typing this.  It’s 70 degrees with no humidity.  I’ve got Radio Free Texas streaming (thanks to my neighbor’s wifi he didn’t password), a bottle of Shiner Bock, and a Kinky Friedman cigar.  Yes, life is good here in the Lone Star State.

I caught an article in the Houston Chronicle today that a barbecue joint owner in Baytown shot and killed an apparent burglar.

An alarm company contacted the owner of Four Corners BBQ, 7735 Decker, shortly before noon to report a possible break-in at the business, sheriff’s deputies said.

The owner, whose name was not been released, saw a broken window when he arrived and then saw a man inside, authorities said.

“The business owner told the male inside to stop, (but) he continued moving,” said sheriff’s Sgt. L.A. Davis.

The owner fired once from outside the building, fatally wounding the burglar. Davis said the owner, who is licensed to carry a concealed handgun, kept a shotgun and pistol inside the restaurant and may have been concerned that the intruder had them.

That in and of itself really isn’t that interesting.  While I don’t know the statistics of how many criminals, potential criminals, and/or alleged criminals are killed each year by private citizens, it probably happens more often than we think, especially in a pro-gun state like Texas.

What I found interesting were the comments at the end of the story by Chronicle readers.  I don’t really want to say the readers were happy about what happened, but I can’t think of any other word to describe it.  Gleeful might be a little better, but that’s essentially the same as happy.  Consider the following:

YAY FOR THE RESTRAUNT OWNER!!!!! The thieving piece of scum got what he deserved.

Well I want to get in my two cents worth before some bleeding heart comes on here, more concerned for the criminal’s rights than the victim’s.
I truly hate ANYONE getting killed, BUT if this happens enough, any one with even an INKLING of smarts would GET IT.
They need to KNOW that if they rob or attack someone on their property, they run the risk of losing their lives and decide whether their lives are worth more than a lousy $150 or less.
MAYBE, this will make them get out and get a REAL job….NAW….they will just keep on with their criminal activities and we will watch the headlines. Folks, if you know anyone that leads this kind of life, take out a life insurance policy on them…it could pay off!

I get off when a good guy kills a bad guy. I have no love for sub-human ghetto thugs.

This made my day, I hope to hear a similar story tomorrow. I also hope the families of the Ghetto Thug are suffering because they deserve it.

That is awesome!!!! That piece of trash got himself eliminated from the gene pool!!!! Way to go !!!!!!

You break into someones home or business then you assume the responsibility of getting killed! Thats That! I catch somebody breaking into my house and this place will sound like a shooting range! I have guns in every room! Come on punks! Getya some! Better yet! GET A JOB! earn your own sh*t!

Yeah…

I’ll admit, based on the facts as I know them, I’m not inclined to have a whole lot of sympathy for the deceased.  I feel bad for his family, he was a son to someone, maybe a brother, or a husband, or a father.  There’s got to be at least one person who there who cares about the deceased.  I’m sure expressing those sentiments on the Chronicle’s website would get me labeled a “criminal coddler” or something equally clever.  But sympathy for the guy killed, there’s not a whole lot for me.

But, I’m not going to go dance on his grave, so what leads to the attitude seen on the Chronicle?

The obvious answer is that its the internet, and any moron with a keyboard can post their thoughts, this blawg is a perfect example.

There has to be more than that though.  I don’t know what.  Any thoughts?

Sign Language

A post on Mark Bennett’s blog and a story in an ABA email caught my eye.  A criminal defense attorney in Austin was convicted of contempt and given 90 days in jail for making a “gesture, which simulated masturbation.”

A Texas lawyer found guilty of contempt for making a lewd courtroom gesture has been released on a personal recognizance bond while he appeals a 90-day jail sentence.

Lawyer Adam Reposa of Austin told reporters after he was sentenced yesterday that the punishment was “fair,” Texas Lawyer reports.

Visiting Judge Paul Davis said the gesture, which simulated masturbation, tarnished the dignity of the judicial process, the Austin American-Statesman reports.

And what happened that caused Mr. Reposa to make such a foul gesture?

The incident occurred after the prosecutor complained that Reposa was whispering in his client’s ear during the prosecutor’s explanation of a plea offer on a drunken driving charge. Reposa said he wasn’t happy with the offer.

I wasn’t there, I don’t know Mr. Reposa, but it seems like the prosecutor getting upset because of the whispering in the client’s ear during the plea offer seems like a pretty trivial thing to get upset about.  I’ve certainly whispered in a client’s ear while the prosecutor is talking, just like every other defense attorney out there.  Maybe making the jerk off gesture isn’t the best way to handle the situation.

But 90 days in county?  Is that really needed.  I’m sure every prosecutor out there salivates at the thought of being able to lock up a defense attorney, but is locking this guy up and probably destroying his practice a fair punishment for a rude gesture?  Hardly.

Parenting Lessons

Today’s lesson, how to lose your kids.

COMMERCE CITY, Colo. — A couple fighting about which gang their 4-year-old toddler should join caused a public disturbance that resulted in the father’s arrest, Commerce City police said Thursday.

…

His girlfriend told police that they had been arguing about the upbringing of their son and which gang he should belong to. The teen mother, who is black, is a member of the Crips. Manzanares is Hispanic and belongs to the Westside Ballers gang, the woman said.

“They have different ideas on how the baby should be raised. Basically, she said they cannot agree on which gang the baby would ‘claim,’” Sandoval said.

OK, I understand that being a parent isn’t easy.  Do you give the kid a normal name, or something like Moonbeam?  Do you send the kid to public, or private school?  And of course, what gang should the kid join.  If I had to guess, the baby will end up joining CPS.

I’ll admit that most of my gang knowledge (at least prior to doing this job) came from listening to Dr. Dre and playing the Grand Theft Auto videogames.  I would have just assumed that two members of a rival gang can’t hook up.

Of course, the Colorado is just now just getting around to allowing liquor stores to open on Sunday and be able to sell, heavens-to-Betsy, full strength beer instead of 3.2 beer.  What a strange state.

Winner Winner, Chicken Dinner

Since my beloved Detroit Tigers have started the season by going 0 - 7, it’s up to me to pick up the slack and get some wins.  I got my first win at a jury trial.  Only it was as a prosecutor. And it was against a Pro Se Defendant.

Occasionally, I get asked to be a special prosecutor on Class C cases. This one was a trucker who got clocked going way to fast, and decided that even after a very reasonable offer he wanted to take it to trial and represent himself.

I’m not sure why he didn’t hire an attorney if he wanted to fight the ticket. He’s a trucker, he’s got a CDL, and having a ticket on your CDL, as I’ve been lead to understand, is not a good thing for your insurance or your employment. But whatever reason, he should have had one. The trial didn’t go well for him at all.

It could be a lesson for all the non-lawyers who think that just because they watch Law & Order, they can be an attorney. Its not that the defendant here wasn’t a smart guy. I spoke with him in pre-trial and before the trial started, and he seemed like he’s at least average intelligence. But without legal training, he didn’t know what to do. He didn’t know how to conduct an effective cross, he didn’t know how to introduce evidence. Its not rocket science, but without a legal education and some on-the-job training, most people wouldn’t know how to do it.

I’m happy with the win, its kind of fun to be the prosecutor, for a change of pace. Even though it was my first win, I decided to hold off on any celebration. I’m saving that for my first ‘not guilty.’