21 May 2013
We choose topics for our blog for a variety of reasons. It might be that an important case is in the news, or that a legal principal is being discussed, or that an interesting set of facts has emerged in the context of Texas criminal law. But sometimes, our attention is grabbed by a set of alleged facts that is simply strange. In many of those cases, we’ve found that intoxication often plays a role.
A recent example of a “fact is stranger than fiction” case occurred earlier this month in Austin. Late one night, Demetrius Lewis allegedly woke a number of sleeping residents in their home by shouting about a woman named Diane. It was later revealed that the woman was a former resident of the home, and Lewis, apparently, was intent on finding her there. When she did not respond (a result caused by the fact that she no longer lived in the house), police say Lewis kicked down the front door and entered the home. Witnesses say that Lewis “appeared to be intoxicated.”
Whatever happened next is not clear, although by the time police arrived, Lewis was inside the house sitting on the couch chatting with the residents. He was asked to leave, refused to do so, and was arrested. The charge, according the report we read, was first degree burglary. For those of you who may not know, that’s burglary, charged as a first degree felony. It consists, in this particular case, of an allegation that Lewis entered the home with the intent to commit a felony, or committed or attempted to commit that felony. We would have to guess at which felony Lewis is alleged to have intended, attempted or committed. It might have had something to do with his plans for Diane, but we can’t be sure.
In any event, what may have been lark has opened up this suspect to the potential of years in prison. And of course, as with many of these wild cases, intoxication likely had a role in producing it.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737