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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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