Conroe Criminal Lawyer Blog
A Conroe woman has been accused of biting off a large chunk of another woman’s nose and then swallowing it. According to the Harris County Precinct Four Constable’s Office three local Conroe women decided to go bar hopping. When they got home Jessica Collins of Conroe, Texas wanted alcohol and cigarettes from the other women. When one of the girls refused to hand over the alcohol and cigarettes, Collins tackled her and bit off a part of her nose and then swallowed it.
“I didn’t have time to react, to push her away. I think I was trying to fight back, but I couldn’t. All I could remember was the taste of the blood in my mouth,” stated woman that was attacked.
Collins was charged with Class A misdemeanor assault and was release from jail after posting a $1000 bond. Class A assault carries a possible penalty of $4000 fine and one year in jail. The victim states she has been staying at home because it is the only place she feels safe.
Doctors say the victim will require surgery that could be quite expensive since the victim does not have health insurance. According to doctors, once the wound starts healing it is more difficult to treat.
I admit I’m a little behind on reviewing my Court of Criminal Appeals of Texas cases in a timely fashion due to vacations, trials, and weddings this summer but wanted to comment on a bizarre opinion, Kenneth Lee v. State. The opinion was released in mid-June. In a DWI or driving while intoxicated case the State did not give a particular theory of intoxication which is essential to their case. Essentially, they must state the driver either lost their mental or physical faculties by reason of the ingestion of some substance like alcohol or that the person has a blood alcohol concentration of .08 or more.
Even more bizarre, before voir dire the prosecutor announced that the city had destroyed the blood sample. Trial counsel for the defense admitted that she had heard the announcement of the blood destruction and then turned down an invitation by the judge to request a motion in limine. The motion could have prevented the introduction of the missing evidence due to prejudice and lack of proof.
During the opening statements, the prosecutor went into the missing blood evidence and even alluded to the defendant’s BAC (blood alcohol concentration) would be revealed in the evidence. Apparently, defense counsel had no objection to the argument in the opening statement. One would think that an attempt to suppress the evidence would be have been forthcoming, but it appears no attempt was made.
Sadly, after final arguments the jury convicted the defendant in fifteen minutes and sentenced him to 180 days in jail and a fine of $1800. The Court of Criminal Appeals of Texas upheld the conviction. So, if you have been accused of DWI, make sure you choose your attorney wisely. Call an experienced DWI attorney, call M. Neufeld Law today.