blank'/> Liberally Lean From The Land Of Dairy Queen: The Guy Responsible For The Most Famous DWI Book In Photo In Recent History

11.09.2010

The Guy Responsible For The Most Famous DWI Book In Photo In Recent History


. . . pled guilty yesterday to Murder and other charges related to his intoxicated crash earlier this year that left a mother and her teenage daughter dead.. He was scheduled to go to trial that day but instead the jury will only be called upon to assess punishment.

As I've mentioned here before, the State gets to charge him with murder by being very creative. He had at least two prior misdemeanor DWI convictions so the act of driving drunk again means he was committing a felony. And since he was committing a felony, there's a little used portion of the Penal Code that kicks in which allows someone to be charged with Murder if, stay with me here, during the commission of a felony act he "commits . . . an act clearly dangerous to human life that causes the death of another individual." See Texas Penal Code § 19.02(b)(3).  The key to that provision is that it does not require a defendant to INTEND to kill another -- which is typically required in murder prosecutions.

He faces up to life in prison. He might get it.

8 comments:

Anonymous said...

We're Drugs or Alcohol involved?

Anonymous said...

If he would have done the watermelon crawl he would not be in this position.

Anonymous said...

Barry,

Col. Wendorf would be very unhappy with you for using that bastardized tense "pled." He pleaded guilty.

-My dalmation is covered with 101 Muldots

Anonymous said...

INTEND...ah yes, the top dog of culpable mental status'

Anonymous said...

Isn't the criminal justice system great..........The system fails once again. What a country!

Anonymous said...

The legal system was just in time..........after 2 people were killed. I guess it's a great way to make a living, huh?

Anonymous said...

if they take him out and shoot him - we won't have to worry about what he does next time he decides to drink and drive.

Anonymous said...

If we'd a just shot 'im fer bein' so damned ugly then nobody'd have any thing to talk about. Unless he didn't intend to be ugly