Friday May 24, 2013
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I checked in on this case just out of curiosity. Both defendants entered guilty pleas in exchange for having other charges dropped. The woman, Desiree David, entered a guilty plea to aggravated DUI/Suspended license. In exchange, two child endangerment charges were dropped.
The male defendant, Alex Landry, pleaded guilty to contributing to the delinquency of a minor. I'm not sure how they arrived at that, but there it is in the records.
As I mentioned earlier in this thread, the woman has a rather lengthy history of this stuff and had just gotten out of jail. She'll be sentenced in June, and I hope this time she stays in jail for a very long time.
The cop made a good arrest and two bad people were convicted.
As for the kids, man, I feel sorry for them.
This horrible day in Connecticut will prime the gun debate, but a troubled mind will find a way with or without a gun.
Yesterday's shooting was not the largest mass killing at a U.S. school. That happened in 1927, the Bath School Massacre. Google it. The killer used a gun for only one purpose, and that was to detonate a car bomb in his car. He tried to destroy an entire school with bombs, and very nearly succeeded. In many ways, it mirrors what happened in Connecticut. His day started with him killing his wife rather than his mother. Most of his victims were in 7 to 11 years old.
Pat, it happened in Cave Creek. Tom, the parents have no money. They're indigent. She was released from Perryville in March. They've be convicted and they'll go to jail.
Well Tom, I guess we'll find out soon enough as a Maricopa County grand jury handed down felony indictments on both defendants Nov. 1.
As I mentioned above, they were not charged with DUI. However, each was charged with two counts under the child or vulnerable adult abuse statute (13-3623), with recklessness and therefore a Class 5 Felony prior to the indictment.
The mother has been charged three times in the past for DUI, and most recently entered a guilty plea on aggravated DUI and driving on a suspended or revoked license. A petition for revocation of her probation was filed not long after her arrest in Cave Creek.
If I get a chance, I'll drop by the courthouse and request the records. I'm curious to read exactly what the police report says.
Should the cops have waited for this idiot to take control of the car? I don't think so. And I'll bet you lunch they get a conviction or a guilty plea (again).
By the way, I find that you and I almost always agree on things. It just takes us awhile to figure out why.
By the way, they were charged with child abuse and endangerment, not DUI... Leaving 3 and 4 year old kids in a car at 11-11:30 p.m. while you're inside boozing sounds like abuse and endangerment to me. And, again, there is nothing that I see in any report about the car being locked.
They may serve food but the reports say they were intoxicated at twice the legal limit. And the reports say that they put the kids in the car so that they could go back inside and continue drinking.
You can pick nits, but it's pretty obvious what was going on. Were the cops supposed to let the parents get into the car, start it up and pull into the street - possibly in front of another car?
If the charges end up being dropped, so be it. The kids didn't die that night.
Pat, I wouldn't say that I believe everything in a police report. I'm saying that the reasons for the arrest and the information from witnesses and the parents is likely to be contained in the report. It may or may not be accurate. A prosecutor has to decide whether there is reason to go forward, and a jury ultimately would decide if the police and prosecutor proved their case.
None of us can judge whether the police
"acted too soon" based on a few paragraphs in a news report.
I'll give the cops the benefit of the doubt based on what little is available in that news report because I'd sure rather they erred on the safe side if 3- and 4-year-old kids were involved.
If they were in the bar that long, at double the legal limit, had the keys and got into the car or were headed for it with two kids locked in there, then I think it is reasonable to believe they were getting it and driving.
If they had called a cab or had asked someone else for a ride, the police could easily confirm that.
If it looks like a fish, swims like a fish and, in this case evidently drinks like a fish, I'd say you've got yourself a fish.
I read several versions of the story about this arrest and none that I read said that the car was locked. Also, while the report does not say as much, I think it is safe to assume that the officer interviewed the parents as well as witnesses. The reports that I read all say that they were intoxicated at twice the legal limit.
Who knows what they said? And if they were that blasted, they probably didn't bother to ask for an attorney.
If they admitted that they planned to drive, and especially if they got into the car with the keys, then they were properly arrested in my opinion. It is possible the officer observing this watched them get into the car before approaching.
At any rate, that's why we have the right to a trial by jury.
The bottom line, though, is that we don't have enough facts to know one way or the other. I'm sure it's all spelled out in the police report.
Bernice and Tom, couldn't agree more. Don, couldn't agree less.
I'm a life-long Republican, but I recognize that President Obama alone did not get us into the mess we're in right now economically. I agree that he did little in his first term to make matters better in terms of the national debt. Quite the opposite. But if you examine the progression of it, the previous two Bush administrations accounted for an awful lot of it with their forays into Iraq.
At any rate, I found it interesting that already the Speaker of the House and other Republicans are saying just what Tom did, that it's time to work together and fix the mess. I find that to be a very encouraging sign.
If the sleepers are awakened, they evidently did not go to the polls on Tuesday.
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