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Court upholds public intoxication conviction

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A man who refused to leave the side of a friend’s mother after she was hit while crossing the street in Indianapolis had his conviction of Class B misdemeanor public intoxication upheld by the Indiana Court of Appeals Wednesday. The court found sufficient evidence to sustain the conviction.

Josiah Williams visited several bars in downtown Indianapolis when he ran into his friend who was celebrating her 21st birthday. His friend’s mother, Michelle, came downtown to pick up her daughter and her friends, but was hit while crossing a downtown street. Williams and several others went to Michelle’s side.

When police tried to clear the street and large crowd that had gathered so emergency responders could get through, Williams refused and eventually had to be physically escorted to the sidewalk. Officers observed the smell of alcohol, bloodshot eyes and that Williams was unsteady on his feet. He was later charged with public intoxication and found guilty at a bench trial.

The state had to prove that Williams was in a public place or place of public resort on the street in a state of intoxication caused by his alcohol use and that he endangered his life or the life of another person; breached the peace; or harassed, annoyed or alarmed another person.

In Josiah Williams v. State of Indiana, 49A02-1211-CR-878, the Court of Appeals pointed out based on the record, the evidence shows Williams was on a public street, and that he was intoxicated. The trial court found the testimony of the officers more credible, and the Court of Appeals will not reweigh the evidence or judge witness credibility.

 

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

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  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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