Failure to conceal, public intoxication

[seamusTX]

Texas City, Jan. 21 -- A man buying merchandise at a check-cashing business in Texas City accidentally failed to conceal his handgun. Police were called. The man had a CHL but was charged with public intoxication "because [police] suspect he was high on prescripton medication."

http://news.galvestondailynews.com/stor ... 626e051b58

I can feel for the guy. I'm lying low right now because I have a bad cold (the first in several years) and find myself doing dopey things.

I can also see where people who work in a check-cashing store might have a hightened state of alertness. This area, 20th & Texas Avenue, is not exactly a high-rent district.

- JIm

[zbordas]

Feel sorry for the guy as he did not commit anything and was not a threat to anybody. Is there anything we can do to help this guy?

[seamusTX]

His name wasn't in the paper, so not at the moment. We have quite a few members in Texas City, Maybe one of them will hear the scuttlebutt.

- Jim

[xrod69]

thats not right.

[txinvestigator]

thats not right.

How do you know? All we know is what information is in the cruddy little article.

Intoxication DOES include any drug or controlled substance.

[seamusTX]

Intoxication DOES include any drug or controlled substance.

Can you explain from the LEO point of view what kind of evidence collection would follow a PI arrest?

Would they draw blood or take a urine sample, or just rely on officers' testimony.

- Jim

[txinvestigator]

Intoxication DOES include any drug or controlled substance.

Can you explain from the LEO point of view what kind of evidence collection would follow a PI arrest?

Would they draw blood or take a urine sample, or just rely on officers' testimony.

- Jim

They would have to get a court order to obtain blood/urine unless the suspect wavied his rights and offered a sample. I just don't see that happening on such an arrest. The arrest was probably based on statements made by the suspect as well as the officers's observations. But that is just speculation on my part.

[gregthehand]

He could probably get a lawyer and fight the PI really hard and probably win. Sounds like something that if the DA is a decent guy he will just let die.

[seamusTX]

Sounds like something that if the DA is a decent guy he will just let die.

We need more facts and I don't want to speculate. I'll be watching this case closely, since I live in the same county.

The DA, Kirk Sistrunk, is not notably anti-RKBA. A few weeks ago they did not charge a guy who shot himself in a public place and then lied about what happened.

- Jim

[shaggydog]

a guy who shot himself in a public place

Jim - Were they able to stitch up his public place?

[seamusTX]

Jim - Were they able to stitch up his public place?

I guess. He shot himself in the leg and was in the hospital a short time. No Darwin Award. Try again.

- JIm

[Keith B]

.... The man had a CHL but was charged with public intoxication "because [police] suspect he was high on prescripton medication.".....


- JIm

The question is was it HIS prescription medication he was high on? I refrained from carrying when I went to breakfast Saturday morning as I was taking Vicodin post my surgery. While I feel perfectly normal while taking them, I felt it was better to not have to worry about my perceived state of medicinal well being if anything were to happen.

[shaggydog]

The question is was it HIS prescription medication he was high on?

I don't see where ownership is relavent. If he were drunk would it matter whether he drank from a bottle he bought, or from a bottle belonging to someone else? Either way, he is drunk and therefore PI.

[seamusTX]

The question is was it HIS prescription medication he was high on?

All I know is what's in that article. I will follow up with any more information I get.

I don't want to speculate because the guy might be a member of this forum or a friend of a member.

- Jim

[Keith B]

The question is was it HIS prescription medication he was high on?

I don't see where ownership is relavent. If he were drunk would it matter whether he drank from a bottle he bought, or from a bottle belonging to someone else? Either way, he is drunk and therefore PI.

It does. If he was on medication that was prescribed to him, and he happened to be having an adverse reaction, then it is different than if he was taking someone elses prescription meds for kicks. Yes, either way he would be PI, but there IS a difference.

I have had meds prescribed that did strange things to me, and I refused to take any additional becuase of it. There are folks that would have been glad to have taken them off of my hands to get the same reaction for entertainment purposes.

It will be interesting to see how this plays out. Hopefully it was all an unfortunate incident and he will be absolved of any wrong doing.