Driving Under the Influence of a Zebra? I hope that Zebra was buckled.

It’s rare for exotic animals to be roaming Iowa streets. It is even more rare for a driver to have said exotic animals within his vehicle. Zebras don’t fit easily into the front seats of cars, do they? Parrots, sure. Who hasn’t done that? But a parrot and a zebra? Would he qualify for car pool lane usage? This was without doubt a first time find for officers making a routine stop in Iowa last Thursday.

Mr. Jerald Reiter was questioned on the suspicion of driving under the influence. Upon questioning, officers discovered his surprising companions, a pet zebra and a macaw parrot in the front seat of his car. Reiter did indeed have a blood alcohol content (BAC) well above the legal limit, reportedly a .14. The officers probably felt as if they’d been drinking upon discovering zoo animals in the suspected person’s vehicle.

Wild Night?

Reiter stated that he “considers the animals his friends, and they often go on rides with him around town”. Reportedly, he was arrested in the parking lot of a local bar where people had been using the situation as a photo op, capturing the African animals on camera. As if the undoubted draw of possible attention weren’t enough, Reiter got himself a DUI charge as well.

Reiter suspects that maybe someone who was taking photos of the animals had called the police. Apparently, officers had given Jerald Reiter a field sobriety test, however, Reiter claims that he was “just about to let a passenger (clarified by Fox News as ‘a person’) begin driving”. Clarification was obviously necessary. If in fact Reiter was not actually driving his vehicle, nor were his keys in the ignition, it would be wise to contest this exotic DUI charge.

Goyette, Brian. “Iowa Man Arrested for Drunk Driving with Zebra and Parrot in the Front Seat”. NYDailyNews.com. 27 May, 2012.

<http://articles.nydailynews.com/2012-05-24/news/31842419_1_iowa-man-parrot-macaw>

The first police officer on scene reportedly tried to get the man to stop mid-attack, but the offender carnivorously growled at the officer, and returned to his prey. Strangely enough, the attack took place right under the surveillance cameras of the Miami Herald Newspaper’s Headquarters Office. Cameras show cars and pedestrians and bicycles passing by. The victim was a 65 year-old homeless man who happened to live under the causeway near the office and the leading officer, Sgt. Armando Aguilar, stated “In my opinion, he just happened to be in the wrong place at the wrong time.” This appears to be a grave understatement.

Aguilar graphically stated that the victim had his whole face eaten “down to his goatee”. His forehead was sheer bone, his nose and his mouth gone. What in the world could have lead Rudy Eugene, a seemingly normal 31 year old man, to attack a homeless person in one of the city’s most grotesque cases yet. MSNBC reported that Eugene’s ex-wife claims he has shown tendencies of paranoia. However, sheer cannibalism is much more than “paranoia”.  A lot of speculation now is that Eugene was under the influence of a substance such as bath salts or other drugs. Not only was Eugene reportedly mauling his victim, he was obviously “growling” while “chewing” him to pieces according to onlookers.

After ordering Eugene to stop and being growled at, officers were forced to fire multiple shots, killing him. The incident was definitely a shocker for onlookers. Most claim that that homeless man was writhing on the sidewalk, unrecognizable. A “blob” of blood, his face was completely not discernible. Eugene’s uncle stated that he had not witnessed any strange behavior from his nephew, but he had been in a fight with his girlfriend at the time, and had ridden away on his bicycle.

Some news outlets have speculated that Rudy Eugene was high on LSD, cocaine or bath salts. Others claim that he suffered from mental illness at the time. Hopefully, the autopsy will shed some light on the cause Eugene to attack. At this point, his victim remains in serious condition at a Miami hospital.

Kay, Jennifer. “Even police shocked by gore in face-mauling attack”. MSNBC.com. 29 May, 2012. <http://www.msnbc.msn.com/id/47595189?ocid=ansmsnbc11>

Assuming that the officer’s intent was to take her to jail, Arend was “terrified”. She claims that the officer demanded oral sex in exchange for her freedom. Valerie Arend was concerned whether she should come forward with the story or not. She told reporters that she couldn’t stomach the idea of this happening to anyone else, including her own daughter, and thought she had to do something.

Because the officer took Valerie to an unknown location, held her there, and allegedly sexually assaulted her, he is going to trial to defend himself against kidnapping and rape charges. Valerie Arend stated to reporters that it was fear that caused her to comply with the police officer’s requests. He had a badge, and a gun, and he could’ve done whatever he needed to, Valerie thought. What was more to her, he had legal authority over her. It would be his word against hers, and that scared her most.

The questions that remain are, what legal rights do prostitutes really have? If someone has been convicted of prostitution, are they less entitled to defendable rights? It seems confusing and easily left up to the interpreter, however because prostitution is not legal, this differentiation could be hard to discern. Could this whole event have been a trick-gone-wrong? When prostitution is illegal, who is to determine what kind of sexual acts are permissible therein. With no easy feat before the jury, the case is set to go to trial in November.

Fender, Jessica. “Woman: Fear Led Her to Comply with Denver Cop’s Sexual Demands.” The Denver Post. 23 May, 2012.

<http://www.denverpost.com/breakingnews/ci_20693122/woman-fear-led-her-comply-cops-sexual-demands>

Members of Frazier’s family claim that they had reported his wound to several authority organizations including the State Health Department and Adult Protective Services. They claim that none of the above took any kind of action. It seems farfetched that no investigation took place at all. Aides at the hospital claim that they contacted Frazier’s family on two separate occasions, letting them know the first time that there was a small sore and it was being watched. The next time the family was contacted, according to the aides, was to inform them that a sore was starting to smell of “rot”. Frazier’s son only then reportedly decided to have his father inspected and removed from Pioneer. The first contact made with the family was in August of 2010. In late September, the aides emphasized the continued severity of the wound.

According to the “National Safety Panels”, the bedsore that Frazier had suffered ranked as that of a Stage 4. For such an extreme injury to develop, a considerable amount of time passed, without complete consideration, or implied improper care of Frazier. Without question, the nursing home’s responsibility is to wholly care for the people residing there, and the fact that such an extreme lack of attention took place is appalling. It remains questionable however, as to where the family members were, why they did not raise issue sooner, and as previously stated, file charges or remove Mr. Frazier before his being moved to Hospice.

Going after Pioneer Healthcare may just be the tip of the iceberg here. In confronting negligence and elderly abuse, there are often more than one set of deficiencies. In this case, an additional shortfall the Post has alluded to includes the “bureaucratic” issues to be considered. Though the family did receive a substantial multi-million dollar settlement, The Colorado Department of Public Health and Environment (CDPHE)  and other State Survey Agencies failed to issue any kind of citation against Pioneer Healthcare. Attorneys for Pioneer Health defend that Frazier did not die of complications from the bedsore (no matter the size and severity), but died from other complications surrounding his long standing battle with Parkinson’s Disease.

The state acknowledged that the sore did develop in the nursing home, however did not attribute complete cause of death to mistreatment. Mistreatment, and injury cases like these are at the hands of the system, and it takes a strong legal professional to sift through everything. It remains curious that when the initial investigation of Frazier’s treatment was underway, the state found no deficiencies and did not cite the home. However, during a “routine” survey there were not just several, but over two dozen, twenty-seven instances of “deficiencies”. These all included major lapses in “infection control, avoidance of patient hazards, and incomplete care plans”.

Booth, Michael. “Jury says man died due to Rocky Ford nursing home’s negligence; state differs”. The Denver Post. 18 May, 2012.

< http://www.denverpost.com/news/ci_20650685/jury-says-man-died-due-rocky-ford-nursing>

More specifically, Tressler and her attorney filed a “gender discrimination” complaint against the paper, and she is asking that the U.S. Equal Opportunity Commission look deeper into the paper’s reasoning for her termination. Tressler sums up her response to the paper’s allegations that she ought to have disclosed her night dancing by stating that there was no questions on the form (of application) requiring such disclosure, and that she answered all of the questions she was presented with perfectly honestly. It all came as such a shock to Tressler; she emphasizes in her statements how well several editors of the paper claimed she was doing in her duties as a reporter.

In the defense of the paper’s decision, tabloid-like publications have come out casting a negative light on Tressler, and her employment at the Chronicle. Even the Chronicle’s local competitor papers came out with publications exposing her “double life”. In addition to the obvious pressure implied, Tressler not only stripped at a night club, she also writes for her own blog entitled Diary of an Angry Stripper which includes scantily clad pictures of herself, as reported by MSN.com.

Tressler’s side of it seems pretty cut and dry. She claims that she used the “exotic dancing” to help pay for her schooling, doesn’t do it much any more, and uses it mostly for “exercise”, claiming she can’t afford a gym membership. She does have an MBA in Journalism, and teaches at the University of Houston on the side as well. Tressler’s attorney vouches that because exotic dancing is dominated by female dancers, it is an assault on women’s employment rights. She claims Tressler has done nothing illegal, and therefore, her rights are being infringed upon.

MSNBC.com. “Fired for stripping, Houston reporter files discrimination complaint.” 11 May, 2012.

<http://usnews.msnbc.msn.com/_news/2012/05/11/11657802-fired-for-stripping-houston-reporter-files-discrimination-complaint?lite&ocid=ansmsnbc11>

Reyes has been charged with lowering the property tax amount on nine warehouse properties, owned by his main campaign “contributor” Majestic Realty Co., according to the Denver Post, Friday. This action has resulted in nine misdemeanor charges of official misconduct, one for each warehouse property he tampered with. The maximum penalty, claims the Post, will be one year in jail for each property, and $1,000 for each property, totaling $9,000 and 9 years in jail. It is inconceivable to think that anyone, especially someone who is in the political spotlight, could hide his or her monetary choices. The money always leaves a trail to be followed.

Original investigation of Reyes started when the Denver Post originally reported that he had “…personally slashed the taxable value of warehouses owned by the California-based Majestic Realty Co.” This action reportedly saved the company an estimated $800,000 in that year alone, according to the Post. Upon reporting that story, the Adam’s County D.A., the U.S. Attorney’s Office, and the FBI began investigating Reyes.

According to the Adam’s County District Attorney Don Quick, three major areas need to be established before coming up with a commercial property’s value (for tax measures etc… to be valid). Those include: construction cost, market value, market value, and sales income, according to the Post. Reyes did not do this at all. The Post summarizes that “He didn’t follow the rules and regulations that govern his office (quoted from Quick) … He just instructed his assistant to put in values that were significantly different from his commercial appraisers.”

Innocent until proven guilty, Gil Reyes will continue to serve as Adam’s County Assessor. However, he is to appear in court June 14^th. Reyes has additionally been accused of accepting gifts from several companies and organizations. Though the use of money, and definition of “gifts” can become muddied in various contexts, all of the above is not looked well upon by the legal side of things, and Reyes, could face some serious repercussions.

Olinger, David. “Adams County Assessor Gil Reyes Charged with Misconduct.” The Denver Post. 12 May, 2012.

<http://www.denverpost.com/breakingnews/ci_20603088/adams-county-assessor-charged-misconduct>

Initially, KFC did not take responsibility for the poisoning. Just last week, the family has finally been awarded with a $8.3 million dollar settlement, to cover the damages and court room costs the family has sustained.

Apparently, the entire family had been affected by the unsanitary Twister, though only Monika, the-then seven year old girl had not recovered. She remained in a coma for six months, was in the hospital for seven months, and to this day suffers from the incident.

The family’s George Vlahakis was quoted by Australian media, emphasizing the need of this case to be settled. The injuries the family has sustained reach much deeper than physical. Financially, for the years of care and bills needed to maintain their daughter’s health has exhausted the family’s “very limited resources…” and “the compensation ordered is very much needed”, to say the very least.

Some people are speculating on the soundness of the case. Why was only one Twister passed around and shared? Were there not enough to go around? What else was it that the family ordered? Questions like these and more illustrate the skepticism that litigious societies have possibly brought upon themselves. However, the facts that are clear are as follows: The grandmother, the only one who reportedly did not partake in eating the Twister, was totally fine and cross contamination, though accidental, does happen often and very easily.

“However, it reported that the trial also heard of hygiene practices at the restaurant that the family’s barrister described as ‘disturbing and unsettling.’”

Jamieson, Aastair. MSNBC.com. 27 April, 2012.

<http://worldnews.msnbc.msn.com/_news/2012/04/27/11425684-kfc-told-to-pay-83-million-to-australian-girl-poisoned-by-twister-wrap>

McCracken’s ex-girlfriend and her new boyfriend both are dispatchers at the Boulder Police Department, as reported by Boulder’s channel 9News. Apparently it was all too much for McCracken as he had been accused of stalking and harassing the ex and her new beau. The DA’s office worked with the Boulder Police Department to issue an arrest warrant in response to results from an investigation that unearthed McCracken’s intent and taking of “significant step(s)” toward a murder attempt aimed at the new boyfriend. It is unclear at this time what charges are domestic violence-related, (i.e. charged as the ex-girlfriend being the victim), and which charges are related to the other man. In Colorado, domestic violence can only be charged where an intimate relationship existed between the parties.

The evidence pointing granting enough validation pointing investigators toward probable cause must have been exceptionally compelling, as the police department stated it was “concerned and saddened” to have to arrest one of it’s own officer. However, the department stands firm and believes that swift action was needed.

McCracken is being held in the Broomfield County Jail and his bail has been set at $500,000. He has several charges including suspicion of attempted first degree murder, stalking, and harassment, according to 9News. Because the case involves other members of the Police Department directly, the investigation process has become two-fold. Investigators have the task of determining what was really going on between the three individuals primarily involved, and conducting an internal personnel investigation regarding the department itself.

Important details regarding the ex-girlfriend’s participation with McCracken will certainly be revealed as the case progresses. McCracken had suffered a head injury, a break up, and other personal issues in a very short time period, which could have influenced his judgment. It seems externally, that McCracken could be an injured third party, who became jealous, and emotionally unstable. He reportedly told the new boyfriend to “watch his back” and he accused the ex of “cheating on him” with the new guy. These hardly seem like murderous terms, however alarming. Another potentially important variable: There have been statements made regarding McCracken having suffered and never been treated for post traumatic stress disorder (PTSD) after returning from a tour in the Middle East while serving in the Marine Corps.

From the outside, these seem like emotionally charged responses that do not necessarily point absolutely to homicide. It is better to be safe than sorry, as the Police Department made clear in taking quick action. However, McCracken would do well to seek the expertise of an experienced defense attorney to aid in navigating out of this potential “Bermuda love triangle”.

KSUA-TV. 9News.com. NBC. 3 May, 2012.

<http://www.9news.com/news/article/266304/339/Police-officer-faces-attempted-murder-charge>

Traumatic Brain Injury (TBI): brain injuries suffered in a car crash may lead to permanent impairment of the brain’s functions.  Skull fractures, bruises of the brain, also called hematomas, and nerve damage are often related to such brain injury.

Broken bones: Some common bones that are fractured or broken in car accidents include legs (Femur - the thigh bone, Patella- the knee cap, Tibia - the larger of the two leg bones located below the knee cap, and the Fibula- the smaller of the two leg bones located below the knee cap), the hip (pelvic bone), arms (Humerus-upper arm, radius and ulna-forearm).

Injuries are also commonly sustained to the extremities and soft tissues in the hands, wrist, neck and shoulder. Some of the more common injuries in  auto accident cases are rotator cuff injury and shoulder separations. Even injuries to theses areas can require extended physical therapy and/or surgery in certain siutations.

In some extreme situations car accidents can cause serious injuries to eternal organs, the spine or the brain that can result in the death of a passenger or driver.  Injuries to the heart, lungs, liver, spleen, or various other organs can lead to complications that threaten the life of the victim.

One of the most common, and most traumatic injuries suffered in an car or truck accident are injuries to the back and spine. Invertebral disks and cervical disks are often injured in cases where a vehicle is rear-ended or is involved in a collision at a high rate of speed. Other areas in the back that are often injured include: thoracic, mid-back, lumbar and lower back.

Car accidents often cause fractures to the back and neck that result in serious damage to the spinal cord or spinal region. Fractures or injuries to the spinal cord can result in permanent disability and even paraplegia.  Auto accidents that occur at high rates of speed or head-on car collisions can cause injuries that result in person becoming a paraplegic or quadriplegic.

If you, or someone you love, has been seriously injured in a car or truck accident you should seek the best medical care and  legal representation available. Traumatic injuries suffered by the negligence of another can cause pain, suffering and lifelong disabilities. If you were injured in an accident in Colorado call the Colorado Injury Attorneys at McDowell Laybourne & Rodemer for a free consultation. Our offices are conveniently located in Denver (Downtown Denver and in the Denver Tech Center) and Colorado Springs (Downtown).
Denver: (303) 573-1234
Colorado Springs: (719)227-0022

For more helpful links:
Denver Car Accident Injury Lawyers

Denver Colorado Attorneys

Colorado Springs Injury Lawyers

For drunk driving charges in Colorado, the legal limit for persons 21 years of age and older is a presumptive amount of .05 BAC. A blood alcohol content of greater than .05 is a presumptive driving while ability impaired, or DWAI. If a person’s BAC is a .08 or greater they could be facing a higher charge of Driving Under the Influence, or a DUI. If a person’s BAC is a .08 or greater within two hours of driving they may face an additional charge or Driving with excessive alcohol content. This is commonly written on a DUI ticket as DEAC, or D.E.A.C. In cases where the chemical testing method is a blood draw, often times police officers will charge a person with DEAC even though they have not seen the results of the blood test.

Drugs are very different than alcohol under Colorado DUI laws as they do not have a presumptive legal limit. Whether a person has taken prescription drugs or illegal drugs they could face a DUID charge if the District Attorney can prove that the person’s ability to operate a motor vehicle was impaired by the drugs.

For more insight on how the law is written, we look at Colorado Revised Statutes 42-2-1301. “‘Driving under the influence’ means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”

Driving while ability impaired has a similar, albeit lower, standard. “‘Driving while ability impaired’ means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the operation of a vehicle.”

The statute at no point indicates a presumptive limit for marijuana or any other substances other than alcohol in a person’s blood.  This means that the prosecution has the burden to prove that a person was “under the influence” or their ability to drive was “impaired” as described above independent of the levels of THC or other drugs in their system.

Proposals establishing a legal limit for driving under the influence of marijuana/THC have been shot down in the past by Colorado lawmakers. However, the Colorado Senate committee recently voted to endorse a proposal that would set a legal limit for active THC at 5 nanograms thereby setting “a scientific standard” for deciding whether drivers are impaired by marijuana. You can view the full content of the prosed bill here:

A BILL FOR AN ACT CONCERNING THE PENALTIES FOR PERSONS WHO DRIVE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

A portion of the bill reads,”In any prosecution for a driving under the influence (DUI), driving while ability impaired (DWAI), vehicular assault, or vehicular homicide,if at the time of the commission of the alleged offense, or within two hours thereafter, the defendant’s blood, urine, or saliva contains any amount of a schedule I controlled substance, except for tetrahydrocannabinols; a schedule II controlled substance; salvia divinorum; or synthetic cannabinoids, or the defendant’s blood contains 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood, such fact gives rise to the permissible inference that the defendant was under the influence of drugs. The bill expands the existing definition of “DUI per se” to include driving when the driver’s blood, urine, or saliva contains any amount of a schedule I controlled substance, except for tetrahydrocannabinols; salvia divinorum; or synthetic cannabinoids, and driving when the defendant’s blood contains 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood.” (See Senate Bill 17, linked above)

Some states that allow medical marijuana (MMJ) have set limits for active THC for driving. For example, Nevada and Ohio have a limit of 2 nanograms of THC per milliliter for driving, while Pennsylvania has a 1-nanogram limit.  Several other States, including Arizona, Georgia, Illinois, Indiana, Iowa, South Dakota, and Utah have  zero-tolerance policies for operating a motor vehicle with the presence of any illegal substance in a person’s system.

Stay tuned for further developments in Driving Under the Influence of Drugs and marijuana laws in Colorado. If you would like to speak to a Colorado Springs DUI marijuana lawyer, call (719) 227-0022 for a free consultation.