Recent Blog Posts
DNA Evidence Brings Sexual Assault Cold Cases Back to Texas Court
No matter how much time has passed after a crime has been committed, new evidence can surface and bring the case back into the limelight. In some cases, improved technology can reveal a person’s true role in the crime, while in others, a larger budget can allow law enforcement to conduct a deeper dive into the evidence. Female sexual assault victims from Fort Worth may be on the brink of getting the justice that they deserve after movements were made this past week. But what if they have the wrong person? As the years go by, it can become increasingly difficult to remember your exact whereabouts and activity on the night the crime was committed, making your defense less and less foolproof.
Justice in Fort Worth
This past week, an alleged serial rapist was arrested for attacking women in 2010 and 2011 after detectives found a DNA match linking him to the crimes. Pedro Samarrippas has also been connected to another 2011 Fort Worth case, and detectives have room to believe that he may have more victims spread throughout Fort Worth. Samarrippas was arrested in late February on two warrants for sexual assault. These have remained cold cases until Texas Rangers recently received a grant that allowed them to conduct comparisons of unknown DNA through a database known as the Combined DNA Index System (CODIS). This database helped them link the unknown DNA to Samarrippas. These two sexual assault cases, in addition to another sexual assault that occurred in McAllen, Texas in 2002, all contained unknown matching DNA samples that led detectives to Samarrippas.
Reports of Scammers Taking Advantage of Texas Power Outages
Although Texas is not often highlighted in the news for its snowstorms, the recent deadly snowstorms throughout the state placed the Lone Star State at the top of the news cycle. Many news outlets reported how a shortage of natural gas left Texans without power in the midst of freezing temperatures and non-stop snow. Coined “Winter Storm Uri,” the Texas snowstorm resulted in numerous tragedies, including one mother’s devastating story of losing her own mother and three children in a fire that was being used to keep them warm during the power outages. With conditions like these, one would think that the state would rally together, but unfortunately, the panic-induced conditions have led to reports of alleged white collar crimes.
Warnings from the FTC
You have likely received numerous unknown calls over the years in which the person on the other line pretends to be informing you of overdue charges, identity theft, and more. Typically, you can pick up on the recorded, robotic voice or notice that the information they are asking you for is financially related. But what about those times when you are caught off guard, such as during a statewide, devastating snowstorm? Last week, the Federal Trade Commission (FTC) released a warning about scammers targeting those without power due to the weather conditions. According to the warning, scammers often use these conditions to their advantage, knowing that you may have had your electricity, heat, or water turned off and pose as your utility company. The person on the other line may apologize for your loss of power and offer you a reimbursement for your most recent payment, first asking for your bank account information. You may also receive an email stating that there is an error in their system and that they need your personal information before turning on your gas again. You can also receive false threats that your utilities will be turned off if money is not sent over immediately. All of these scare tactics, especially in the midst of a statewide emergency, can be convincing enough to leave many desperate Texans with empty bank accounts.
After 18 Years, a Texas Woman Is Freed for a Crime She Did Not Commit
The U.S. court system is meant to provide every person with a fair trial—everyone is considered innocent until proven guilty—but what happens when that system fails? What if the judge and jury’s verdict is not reflective of the truth? One Texas woman, and many others in the criminal justice system, have experienced this firsthand. She was simply in the wrong place at the wrong time, and later suffered the consequences. For those who find themselves in this exact situation, is there a solution to save them from facing unwarranted penalties for criminal charges in Texas?
Rosa Jimenez Is Set Free
Rosa Jimenez spent the past 18 years behind bars for a crime she allegedly did not commit. After leaving her home in Mexico City for a better life in Austin at the age of 17, Jimenez found work as a babysitter to a 21-month-old child. The child choked on a wad of paper towels and died while in Jimenez’s care. Anyone who has a child knows that children put anything and everything in their mouth, leaving them at constant risk of choking hazards. Though Jimenez claims the child died accidentally, she was charged with murder and sentenced to 99 years imprisonment. She was not an inexperienced caregiver, as Jimenez is a mother of two, yet this accident left her life bound behind prison bars.
Texas Governor Strives for the State to Be a Second Amendment Sanctuary
Over the past 10 years, the state of Texas has seen seven mass shootings, which in the aftermath of the tragedy led to conversations from lawmakers about the state’s gun laws. In August 2019, the state was devastated by back-to-back shootings in El Paso and Odessa, the likes of which left 30 people dead and dozens more injured. According to reports from the Poynter Institute, over 3,000 people are killed with a gun each year in Texas. Citizens are divided over how gun control should be handled in the state, with 40-50 percent of University of Texas poll participants stating that they want stricter gun control throughout the state. With requests like these, one may be concerned that weapons charges may become more stringent yet Governor Greg Abbott begs to differ.
A Second Amendment Sanctuary
Over the past several weeks, Gov. Greg Abbott and Lt. Gov. Dan Patrick have met with state lawmakers and publicly expressed their willingness to consider at least one gun control proposal which could make it more challenging for Texans to buy firearms. Yet Gov. Abbott’s words during the first 2021 legislative session reveals different priorities. According to the governor, he believes that the state needs to “erect a complete barrier against any government official anywhere from treading on gun rights in Texas.” He did not mention last year’s deadly mass shootings in El Paso and Odessa, but following those tragedies, Gov. Abbott raised concerns about Texas laws that allow private gun sales between strangers without proper background checks. Additionally, he recommended several ideas on how to keep guns out of the hands of people who should not possess them, including banning “straw purchases.” These currently legal purchases allow someone to purchase a gun for another person. In regards to stranger-to-stranger sales, Gov. Abbott did not push for mandatory background checks, but rather suggested ways that the legislature could make it “easy, affordable, and beneficial for a private seller of firearms to voluntarily use background checks when selling firearms to strangers.”
Some Texas Counties Are Not Prosecuting Minor Crimes, Dallas Included
Policing and the criminal justice system has been under intense scrutiny over the past year. With tapes being released showing police brutality and mass gatherings protesting law enforcement tactics, many government officials have been forced to rethink how public safety is being reinforced. A recent article released by Chron reveals that a number of Texas counties are not prosecuting minor crimes. For some, this may seem like a red flag for a lack of public safety, while others may see this as a nod in the right direction for the criminal justice system.
Crimes That Will Not Get You Prosecuted
With the overcrowding of prisons and the high cost of the current criminal justice system, some Texas district attorneys are changing county policies in an attempt to reduce the jail population. Chron reporting reveals four locations that have taken a more modern, laissez-faire approach to criminal justice and policing:
How Can My Mental Health Impact My Criminal Case in Texas?
Mental illnesses are undoubtedly an epidemic that has plagued the United States for hundreds of years. Awareness surrounding mental health has surged over the past few decades, recognizing the devastating impact that a mental illness can have on one’s life. According to data from the National Institute of Mental Health (NIMH), nearly one in five U.S. adults live with a mental illness. The relationship between mental health and criminality has been under discussion as mass shootings are often attributed to the guilty party’s mental state. So, what happens if someone commits a crime and has a severe mental illness? On the opposing side, is mental illness being used as an excuse to keep people out of prison?
Incompetency to Stand Trial
Texas law recognizes that not everyone is of the proper mental state to stand trial. If the defendant’s attorney raises the question of incompetency to the court, there will be legal procedures followed to verify whether or not the claim has substance and avoid the possibility of incompetency being used as an excuse to avoid harsher criminal penalties. The court will begin by asking for evidence that incompetency is a factor in the case. If some form of evidence can be presented, the court will appoint their own experts to examine the defendant and report to the court on the competency or incompetency of the defendant. The person facing criminal charges can also be examined by an expert of his or her choice to verify the results found by the court-appointed professional.
If I Drive While Intoxicated, Can Others Be Held Accountable Too?
Since before the time you were legally able to get behind the wheel, you have likely been warned about the dangers of driving while intoxicated (DWI). Not only do drunk drivers place themselves at risk of injury, but they also put other drivers, passengers, and pedestrians in harm’s way. Intoxication levels are measured through one’s blood alcohol concentration (BAC), and in Texas, one’s BAC must be below 0.08 percent to be considered under the legal limit. But what happens to those who injure another party because they decided to get behind the wheel drunk? Is the blame solely on their decision to drink, or can other parties be held responsible as well?
Holiday Party Gone Wrong
Unfortunately, drunk driving incidents increase throughout the holiday season. This is often attributed to tipsy party guests making the decision to get behind the wheel rather than staying the night or calling a friend for a ride home. This instance hit close to home for a number of families this past Christmas Eve. Teenage brothers from Lewisville became victims to a drunk driver while walking home with friends on Dec. 24, 2020. Hayden, 18, and Grayson, 12, were struck by an out-of-control vehicle. Grayson made it out alive with serious injuries, but Hayden died at the scene. The driver was arrested on charges of intoxication manslaughter and intoxication assault. Depending on the details of the drunk driver’s night, there may have been additional parties to blame.
Can My Hands-Off Approach to Parenting Be Considered Neglect in Texas?
You may think that there is a clear line between child neglect and a more laissez-faire approach to parenting. When you imagine parents being charged with neglect and abandonment, you picture a child at home alone for days, struggling to care for himself or herself. The parents that you might picture in your head are risking their child’s safety to sustain their substance addiction. While this is, unfortunately, a common reality for those facing child neglect charges in Texas, others may be facing such charges based on their hands-off approach to caring for their child. Also known as “free-range parenting,” there is debate about whether or not this relaxed parenting style makes children more independent or places kids in harm’s way.
Free-Range Parenting Explained
In 2018, Utah passed a law that addressed different parenting styles and set a line for what is considered free-range parenting and what is considered neglect and abandonment. In the age of smartphones, parents have constant contact with their children, either through text message updates or actually tracking their child’s location. Many argue that this is a blessing and allows parents to fully protect their children in a way that was unavailable to previous generations. Others, however, believe that this constant contact and watchfulness can stunt kids’ individuality and ability to navigate the world on their own. Advocate Lenore Skenazy started the movement almost a decade ago after she allowed her 9-year-old son to ride the New York City subway by himself. Since then, Utah passed the country’s first law to legalize this form of parenting to give children the freedom to do things on their own, with their parents’ permission. This includes activities such as exploring a playground, riding a bike to school, or allowing your child to remain home alone at a young age without a parent’s supervision. Some view this type of parenting as a nod to “the olden days” while others see it as the failure to protect your child. Texas does not have such a law in place, leaving some of these more radically viewed parental decisions up to the court’s discretion.
Texas Man Sentenced to Prison for Illegally Selling Rifle in Shooting
Weapon laws have been under scrutiny for the past decade, as mass shootings have increased in the United States. Those on the left-wing feel as if guns should be more severely regulated, if allowed at all, whereas those on the right-wing feel strongly about maintaining their Second Amendment rights, arguing that they feel safer with a gun in their hands. Texas is regarded as one of the more conservative states in the country, and the state’s gun rights follow suit. Despite having more relaxed gun laws, the state still has regulations on how weapons can be sold and who is able to purchase them. Because of these regulations, one man’s hobby landed him two years in prison.
An Illegal Sale Leads to Disaster
Marcus Braziel was sentenced to two years behind bars in a Lubbock, TX courtroom at the beginning of the new year. Inside the courtroom, Sharon Griffith showed a picture of her son, a man who was killed at a mass shooting in Midland and Odessa in August 2019. Though Braziel was not the man who shot Griffith’s son, the gunman used an assault rifle that was sold to him by Braziel back in 2016. Braziel admitted to dealing and manufacturing firearms without a license in addition to filing false tax returns.
University Drug Trafficking Ring Busted in Austin, Texas
Young, college-age kids are notorious for pushing the envelope. Whether that involves going against their parents’ wishes, drinking underage, or trying illegal substances, one defiant action can quickly lead to a series of poor decisions. Drinking under the age of 21 can also result in a driving while intoxicated (DWI) charge depending on the circumstances, and trying a single drug can often result in a life riddled by drug crimes. Those involved in drug rings recognize young adults’ willingness to try drugs and the likelihood of them getting hooked on these substances. With this in mind, many will target college-age kids to create regular customers of their products, many of which are not the drug that they think they are.
UT Students at Risk
In early December, authorities busted a drug trafficking operation that targeted the University of Texas (UT) students. At least 13 people were charged in connection with the scheme, including current and former UT students. Authorities reported that the drug ring sold counterfeit prescription drugs, claimed to be Adderall and Xanax, to students that were laced with methamphetamine and fentanyl. Adderall and Xanax are regulated and legitimate prescription medications that many students will purchase in the hopes that they will improve their studying and focus before major assignments or exams. Purchasing these drugs without a prescription is a crime in and of itself, but finding out that the regulated, FDA-approved medication is laced with dangerous substances was not what the students signed up for.