 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Ducker3/25/1999
ervice Station, made a U-turn, and headed southbound toward town. Because of the time of night, Officer Dalton followed the vehicle. The vehicle pulled into a driveway in a residential area. The residence was later determined to be a vacant house owned by the appellant's grandmother. The appellant got out of her vehicle and began waving something at Officer Dalton. Dalton parked his patrol car and was confronted by the appellant. She asked him if he had stopped her because of her tinted windows. The appellant explained that she had been cited earlier for tinted windows and speeding. After discussing the appellant's particular concerns about these violations, Officer Dalton asked her what she was doing out so late at night. The appellant answered that she and her boyfriend were having problems. The appellant did not appear intoxicated and spoke "intelligently." Officer Dalton testified that he could not see whether other persons were in the appellant's vehicle due to the tinted windows.
At approximately 3:45 a.m., the appellant arrived at Room 222 of the Holiday Inn in McMinnville. This was the temporary residence of Micah Majors, another boyfriend of the appellant. With the children securely strapped in their car seats, the appellant closed the windows and locked the doors. Brad Pepper, Matt Holder, and Buddy Majors were already in the room with Micah when the appellant arrived. The four men were playing a Sega video golf game and drinking alcoholic beverages. The men continued to play their video game, paying little or no attention to the appellant. They did notice, however, that the appellant poured herself a glass of wine. Additionally, they observed her leave the room on two occasions, once to get ice and once to get BC powders from Micah's car. The appellant never mentioned that her children were in her car or that she needed to check on the children. All four men testified that, despite her usual "dingy" attitude, the appellant did not appear intoxicated.
Pepper, Holder, and Buddy Majors left Micah's room around 5:00 a.m. The appellant followed the three men to the parking lot, but never checked on her children. As they were pulling out of the parking lot, Pepper noticed that the appellant was already back on the second floor balcony near Micah's room.
When the others left his room, Micah had changed into boxer shorts and gotten into bed. The appellant knocked on his door and he let her back in the room. Micah testified that he was trying to go to sleep, but the appellant sat next to him on the bed trying to talk to him about a "commitment" in their relationship. Micah then fell asleep. When his alarm went off the next afternoon around twelve or one o'clock, the appellant was still there. She patted Micah on the side of the leg and said, "I have to go." She never mentioned her children.
At 1:03 p.m., the appellant arrived at the emergency room of the River Park Hospital in McMinnville. While she was attempting to get one child out of the car, David Smith, a bystander, heard her say, "Somebody help me. My babies have been in the car for four hours." He responded to her plea for assistance. When he reached the appellant, he observed that the child she was carrying appeared lifeless. The appellant told Smith that she had been shopping. Susan Smith, David Smith's wife, tried to comfort the appellant, who was not crying at that time. The appellant informed Lois Argo, a nurse's assistant, that she thought that the child was dehydrated. Geraldine Fults, a registered nurse, also met the appellant as she entered the emergency room. Fults noticed that both children were not exhibiting any signs of life. The appellant told Fults that the children had been left in a car for th
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|