Search found 5 matches

by seamusTX
Thu Apr 07, 2011 12:11 pm
Forum: The Crime Blotter
Topic: Dickinson: Cigarette = deadly weapon
Replies: 18
Views: 1817

Re: Dickinson: Cigarette = deadly weapon

I'm not an expert on these matters, but I think the paper pretty much has to publish the defendant's side of the story to avoid a potential libel suit or even a mistrial.

We tend to read news reports where so-and-so was arrested for robbery, burglary, or whatever, and assume it is a fact. The end result often is that the defendant pleads to a minor offense like assault or criminal trespass and is never found guilty of a felony.

That could be the case here.

- Jim
by seamusTX
Thu Apr 07, 2011 11:26 am
Forum: The Crime Blotter
Topic: Dickinson: Cigarette = deadly weapon
Replies: 18
Views: 1817

Re: Dickinson: Cigarette = deadly weapon

Suspect claims self-defense. Police stand by their earlier decisions.

http://galvestondailynews.com/story/223298" onclick="window.open(this.href);return false;

- Jim
by seamusTX
Sun Apr 03, 2011 2:20 pm
Forum: The Crime Blotter
Topic: Dickinson: Cigarette = deadly weapon
Replies: 18
Views: 1817

Re: Dickinson: Cigarette = deadly weapon

Keeping in mind that this is a news report based on allegations by the sheriff's office at the time of the arrest, someone who is 35 years old and getting into out-of-control bar fights could be a significant danger to society—at least to the society that hangs out in bars. Next time it might be a pool cue.

- Jim
by seamusTX
Sun Apr 03, 2011 11:43 am
Forum: The Crime Blotter
Topic: Dickinson: Cigarette = deadly weapon
Replies: 18
Views: 1817

Re: Dickinson: Cigarette = deadly weapon

Calling a cigarette a deadly weapon sounds like a stretch. However, we need to consider the definition in the Penal Code Sec. 1.07(a)(17):
"Deadly weapon" means:
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
There's no question a lit cigarette can cause burns that become infected or leave a permanent scar. Torturers and child abusers have used them since cigarettes were invented.

Probably this case will be bargained down to misdemeanor assault, probably with restitution to the victim and completing a rehab program.

- Jim
by seamusTX
Sun Apr 03, 2011 8:48 am
Forum: The Crime Blotter
Topic: Dickinson: Cigarette = deadly weapon
Replies: 18
Views: 1817

Dickinson: Cigarette = deadly weapon

Two women got into an altercation at a bar that turned physical. One of the women allegedly burned the other "in the eye" with a lit cigarette.

The victim was knocked down and had a cut and bruises in addition to the burn.

The alleged assailant, a 35-year-old woman, was arrested and charged with aggravated assault with a deadly weapon.

http://galvestondailynews.com/story/222218" onclick="window.open(this.href);return false;

This is only an arrest. A felony accusation requires indictment by a grand jury.

- Jim

Return to “Dickinson: Cigarette = deadly weapon”