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by WildBill
Sun Apr 08, 2012 3:05 pm
Forum: The Crime Blotter
Topic: Austin officer killed on duty at Wal Mart
Replies: 46
Views: 7341

Re: Austin officer killed on duty at Wal Mart

Beiruty wrote:Back to topic. Is it a trend that the killer is always claiming he has no recollectionof the murder he commited ?
I don't know if it's a trend, but with high doses of Tequila and Xanax I believe that the possibilty of memory loss is very high.
by WildBill
Sun Apr 08, 2012 12:59 pm
Forum: The Crime Blotter
Topic: Austin officer killed on duty at Wal Mart
Replies: 46
Views: 7341

Re: Austin officer killed on duty at Wal Mart

boba wrote:That's a pretty high standard. Especially if the killer had the motor skills to get to Walmart without help.
A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
It is a high standard. It would also depend on where and when the person took the Xanax and whether the "killer" was a frequent customer that particular bar or tavern.
by WildBill
Sun Apr 08, 2012 10:22 am
Forum: The Crime Blotter
Topic: Austin officer killed on duty at Wal Mart
Replies: 46
Views: 7341

Re: Austin officer killed on duty at Wal Mart

Lewis Kram wrote:
gigag04 wrote:If he got drunk at a bar, I wouldn't be surprised to see charges filed there too.
What charges? What about the doctor who prescribed the drugs?
I believe that gigag04 is referring to this:

Texas Alcoholic Beverage Code § 101.63. SALE TO CERTAIN PERSONS.
(a) A person commits an offense if the person with criminal negligence sells an
alcoholic beverage to an habitual drunkard or an intoxicated or
insane person.
(b) Except as provided in Subsection (c) of this section, a
violation of this section is a misdemeanor punishable by a fine of
not less than $100 nor more than $500, by confinement in jail for
not more than one year, or by both.
(c) If a person has been previously convicted of a violation
of this section or of Section 106.03 of this code, a violation is a
misdemeanor punishable by a fine of not less than $500 nor more than
$1,000, by confinement in jail for not more than one year, or by
both.

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