Annals of Social Networking: Don't Be Braggin' About How You're Kickin' It When On Home Confinement

Brent Lamar Davis struck and killed a Charleston, WV motorcyclist last year.  While on home confinement awaiting sentencing, Mr. Davis, (pic) was providing details on exactly how he does his thing.  The victim's family as you might imagine have been keeping a close eye on Mr. Davis and turned the gangsta's posts over to the court.  Here's Cheryl Caswell's story for the Charleston Daily Mail:

"A man who pleaded guilty Monday to hitting a motorcyclist last fall, killing him, has now been arrested and incarcerated for drinking and using drugs while on home confinement.   Brent Lamar Davis, 25, of Charleston was put in South Central Regional Jail the day after his court hearing, after prosecutors received a tip from the victim's family that Davis had referred to those disallowed behaviors on Facebook.

Assistant Prosecutor Dan Holstein said Davis will now remain behind bars until his sentencing in June, and he intends to recommend a prison sentence. He faces a possible two to 10 years for driving under the influence causing death.

Michael Frame, 60, of St. Albans was killed in that accident last Labor Day weekend. Davis, driving a 1997 Ford Crown Victoria on MacCorkle Avenue, struck Frame on his motorcycle at the Montrose Drive intersection. He then abandoned his car and fled the scene. 

The rules of the county home confinement program prohibit the possession or use of controlled substances, narcotics, alcohol and drug paraphernalia.

Frame's daughter, Anita Henson of South Carolina, attended Davis' plea hearing Monday and said afterward she wasn't happy the man was permitted to be on home confinement and feared he could still be using alcohol. When alerted to the Facebook posts, Holstein requested officials investigate and Davis admitted to the drug and alcohol use. In fact, he said he smoked ten joints of marijuana and drank tequila the day before his hearing.

Davis accepted a plea deal from prosecutors, who agreed to drop a charge of leaving the scene of the accident.   In October, Hurricane resident David Michael Haning posted property in Poca assessed at nearly $77,500 for Davis' bond. He was released, but ordered to be on home confinement at his West Side house at 1730 Kemp Ave.    Davis at first said he went to the Liquor Mart on Patrick Street to buy the alcohol, which would also have been a violation of home confinement rules. He later changed that story and said a friend brought the alcohol to him.

Harry Carpenter, chief of the home confinement program, sent a letter to Holstein, saying, 'It is my request that prosecutors request that Mr. Davis' bond be revoked. Due to the serious nature of the crime to which he pled, and the fact that he admits to using not only alcohol but illegal substances, add this to his Facebook postings and it seems that Mr. Davis not only shows no remorse, but clearly does not take the authority of the court and this program seriously.'

Upon a motion from Holstein, Kanawha Circuit Court Judge James Stucky revoked that bond and ordered Davis' incarceration immediately.

Court documents include Davis' Facebook posting within the past week, including:

'Getting ready to go to court hope for the best,' 'On some sh—,' 'Drinkin the pain away lets get it,'  'Getting ready to do this 2-10' and 'Livin life to the fullest.'  Also found on his Facebook page, Holstein said, was a photograph of a hand holding a glass with what appeared to be liquor in it.

Holstein said, 'I was going to recommend prison from the get-go, and I think this adds fuel to that. This makes it pretty clear in my mind that he can't obey court orders.'
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This story has so much to recommend it: social networking obviously, home confinement, alcoholism and drug addiction tragedies, and victim impact.   It goes without saying that the rage the victims family must feel is at a level of intensity that goes beyond words.  But if you need any further proof that alcohol (and drug addiction) is cunning, baffling and powerful look no further than Brandon Lamar Davis.   Here's a guy who had every reason to abstain, but did not or could not.  Not only that but to brag about it online. 

It would be easy to claim that this example is just some stupid gang banger,  But a study from Loyola Health Systems in 2009 indicated that Facebook was cited in 1 out of 5 divorces.  My guess is that that number is now considerably, higher.  On Bad Lawyer in the past year we saw numerous instances where texting, Facebook and other social networking created an evidentiary foundation for all sorts of litigation mayhem for juries, lawyers and judges.

Do Not Use the Amber Lamps for a Drug Run!

This story is from NorthJersey.com and I just had to run it for my pal, Chris who totally amused by the "amber lamps" viral vidoe that went around a few weeks ago.
A Rutherfore, NJ mechanic, Clem Bagdan was busted was busted when he took the ambulance he was supposed to be working on for the borough on a little drug run.  Here's excerpt from Nick Clunn's report on Mr. Bagdan's adventure gone awry: 

"A Rutherford mechanic hired to repair a borough ambulance used the vehicle instead to find drug dealers in Newark, city police said tonight.


Newark police arrested Clem Bagdan, 50, after he flagged down a group of people – who he did not know were undercover police – to ask where he could buy cocaine, police said.  The plainclothes officers initially thought the Bagdan was seeking directions, police said. When the officers confronted Bagdan, they found him in possession of heroin, police said."

Oops!  By the way, these vehicles go for something like $150,000 a pop.

I'll Pull Over Officer, As Soon As I Finish Cookin' Up This Meth

The Huntsville Time has this report from Scottsdale, Alabama from reporter David Brewer, "[an unamed suspect] was injured in a wreck last Friday night after he led deputies on a chase while allegedly cooking meth in his sport utility vehicle, according to the Jackson County Sheriff's Department."  According to the report the suspect was spotted by two sheriff deputies sitting alongside the road in his SUV busily cooking up his product, just before the high speed chase ensued.

My Lawyer, the Drug Dealer

http://crimesceneinvestigations.blogspot.com/2009/11/baker-released-from-jail-enters-rehab.html

Berryville, Mo. lawyer Cindy Baker made a, um, slight error in judgment when she sold crystal-meth to a "client" who happened to be a snitch.   As you can see from the pics, things weren't going all that well for attorney Baker as it was.  Things are going less well for her now although she was released on bond to enter rehab.

How often do you think it happens that your sharp, smart, professional lawyer finds themselves making more dough from the illegal drug business than they do from practicing law.  My guess it's less rare than you might imagine.  As a lawyer throughout the 1980s and the 1990s I worked with many drug addicted and abusing lawyers who if they survived the era--are still nursing the aftereffects of perforated septums and other physical and mental ailments attributable to drug use and abuse.   I shared an office with a bright, skilled, committed lawyer, Nancy O., long dead,  who rad a cocaine distributorship.  You would not have guessed it from knowing her casually or professionally.  Although as Nancy O. entered her thirties it seemed to those of us who knew her "issues" that she had developed a pretty striking case of pancreatitis.

One afternoon in the early years of my friendship with her, Nancy and I were going to go out after work for a drink; but, there were "errands"to run.  To my astonishment, we went from one building lobby to the next as she collected envelopes and delivered envelopes. At her apartment, later, I saw a desk in the dining room specially equipped with a scale and what I learned was the paraphernalia of her primary earning activity. As much as I loved Nancy, our friendship did not survive my decision to "get sober," and my expressed hope that she could give it a shot--ended our friendly relations.

For me Nancy O. represented the could-have-been.  She was a natural advocate, with a solid sense of what was possible and probable in terms of setting and meeting client expectations.  Clients loved her.  She was the feminist lawyer who taught me that secretaries are not "girls."  Nancy cared about progressive causes, and right and wrong--except where narcotics were concerned.  Her drug use, her alcoholism, and the impairment of her judgment meant that her career was limited to doing pretty bottom shelf work--with her advocacy skill set her professional potential was so much more.

There were so many more and worse lost to drugs and alcohol.  I've talked, here, about my dear friend Carter who died of a heroin overdose.  In one of the offices there was this tremendously "successful" personal injury lawyer who would lose days to sitting around his office coked out with his glassy-eyed buddies from the ghetto.  When you think about the investment in time, preparation, tuition, the bar exam, the learning curve to lose it over being high....it's ghastly.

Look at the face of Cindy Baker.