Browning Law News Blog

Back in September, eleven people were taken to the hospital after a man driving a Porsche drove into a crowd at the Cars and Coffee event. The victims had serious, but not critical injuries, and the driver was not hurt. Witnesses say that the driver was leaving the event, but seemed like he was trying to show off for the crowd. Then the driver lost control while he was going too fast. The driver, Roy Drennon, was charged with one misdemeanor of reckless driving. He could face up to six months in jail and a fine of up to $1,000. It took several months to bring charges against Drennon because they had to wait on toxicology results and crash reconstruction. Court records show that Drennon has at least eight driving related citations in Alaska, and seven of them involved speeding. Right now, only one victim is pursuing civil charges against Drennon. Comments from Allen : Give it time.  11 will pursue civil charges against Mr. Drennon. I am going to use this crime of Mr. Dren

Paige Gasper, a 21 year old California college student, was among those who were injured in the Las Vegas mass shooting. She is filing the first lawsuit againt MGM Resorts which owns the hotel and casino where the gunman fatally shot 58 people and injured over 500 others at a music festival on October 1st. Gasper was struck by a bullet that entered her right underarm and traveled through her breast tissue, shattered her ribs, and lacerated her liver before exiting her body. While being helped by her friends to escape, she was trampled by the crowd fleeing the concert. She was eventually rescued when someone helped her take cover behind a dumpster and then took her to the hospital in his truck. The lawsuit, filed in a Nevada district court, accuses MGM Resorts of negligence by failing to maintain the hotel's premises in a "reasonably safe condition." The other defendants names in the lawsuit include Live Nation Entertainment(the company that hosted the music festival), t

Disabled Army veteran, Calvin Congden, is suing Michigan for claims of firing him unconstitutionally because he posted a photograph of himself dressed as Santa with an assault rifle. Congden served at Guantanamo Bay, and was awarded the Joint Service Commendation Medal during his tour of duty. After he was discharged, he was diagnosed with post-traumatic stress disorder and anxiety. Condgen explains that he was dressed up as Santa Claus for a charity event for foster chldren at a bowling alley. In December of 2015, he posted a photo on Facebook showing him standing in front of a Christmas tree dressed as Santa holding an assault rifle he legally owns with an American flag in the background. After he posted the picture, he says his Health and Human Services Department manager warned other workers to "beware of him because he was a veteran, owned firearms, and 'looked crazy' in the picture." Congden says he complained to his state representative. Two weeks later h

It was announced in a recent settlement that Gatorade made misleading "anti-water statements" while promoting its sports drinks in a video game played by teenagers. In doing this, Gatorade violated state consumer-protection laws by negatively portraying water in a mobile app that was downloaded by over 2 million users. In the free mobile app, the likeness of the Jamaican sprinter, Usain Bolt, encourages users to keep their performance level high by avoiding water and using Gatorade to fill their fuel meter. The settlement was a $300,000 fine and Gatorade is banned from negatively depicting water in any type of advertising. The video game is now no longer available. A portion of the fine will go towards research on water consumption and nutritional health. Gatorade is also prohibited from advertising in media where children under 12 comprise over 35 percent of the audience. Comments from Allen :  I have a problem here.  Let me begin with the origin of Gatorade.  Re

Pennsylvanian funeral director, Angeliegha Stewart, has been charged with abusing corpses other crimes for 'allegedly' taking pictures on her cell phone of the dead bodies in her funeral home to "gross out" her friends and family. She is also facing a marijuana charge. The detectives found messages about deals while they were searching her phone during their investigation into the photos. Authorities say that Stewart took pictures during an organ harvesting process and others of a decomposing corpse. Other photos included corpses in caskets, and others not. A spokesman for the funeral home says that they are disappointed in the allegations and are cooperating with authorities. Comments from Allen :   People who work in the funeral home industry sometimes deal with the constant parade of dead bodies by making light of morbid situations. However, that gallows humor crosses the line when it involves molesting or desecrating a corpse, and may cross the line wh

A small zoo in Maryland is once again facing violations of the federal animal-protection laws by mistreating lemurs, tigers, and lion. People for the Ethical Treatment of Animals (PETA), recently filed a lawsuit against a zoo owner claiming that he violated the Endangered Species Act because he had unsuitable enclosures without providing the right amount of companionship, enrichment, food, water and shelter for the animals. This impedes the animals' ability to carry out their natural behaviors, which puts their physical and psychological well-being at risk. In the past, owner Robert Candy has had claims against him for not properly caring for the animals in the zoo. In 2012, a judge suspended the zoo's license for 45 days for violating regulations of the Animal Welfare Act. PETA wants the lemurs and big cats to be relocated from the zoo, since Candy hasn't demonstrated that he can adequately provide for the animals. PETA also claims that Candy allows inexperienced vol

A sheriff's deputy in Pasadena, California will have to face civil claims from the family of a 13 year old boy who he killed after mistaking the boy's toy gun for an AK 47. The boy was shot on October 22, 2013 while he was on the sidewalk walking to his friend's house. The toy gun was missing the orange tip that designates it was a replica, but witnesses for the police have said that the officers were far enough away that they wouldn't have been able to distinguish the tip anyway. The officers were 100 yards from the boy. Sheriff’s Deputy Erick Gelhaus's partner turned their car around when they noticed the boy and turned on the siren. Gelhaus got out of the car, ordered the boy to drop the weapon, and fired eight shots. Seven of the shots hit the boy in the chest, and he died at the scene. Chief US District Judge Phillis Hamilton advanced the civil claims by the boy's family last year, and the deputy appealed to the Ninth Circuit. A three judge panel de

The state of Texas will pay $3.4 million to a couple who were wrongfully imprisoned for over twenty years on claims that they sexually abused children in their day care business in 1992. Dan and Fran Keller will receive the payment from a state fund for the wrongly convicted. In June, a judge approved the request for a declaration of innocence for the Kellers. The Travis County District Attorney Margaret Moore stated that there wasn't enough evidence left. The Kellers were convicted in 1992 of sexually assaulting children at the day care they operated out of their home after children told investigators about dismembered babies and tortured pets. They were sentenced to 48 years in prison. In 2013, the couple was freed after the Texas Court of Criminal Appeals found that the doctor was mistaken in determining the physical evidence of assault. The court ruled that the doctor's testimony was false, and the doctor also recanted it. The alleged victim acknowledged in a later int

A judge in Alabama ruled that the law that barred teachers from having sexual relationships with students old enough to consent is unconstitutional. The legal consenting age in Alabama is 16. The law prohibits any school employee from having a sexual relationship with a student younger than 19. Violation of this law results in a felony and up to 20 years in prison and require that the convicted to register as a sex offender. Morgan County Circuit Judge Glenn Thompson dismissed charges against 44 year old Carrie Witt, a former teacher at Decatur High School, who was accused for having sex with two students who are over the age of 16. Judge Thompson also dismissed the charges against 27 year old David Soloman, a former contract teacher at Falkville High School, who was accused of having sex with one student over the age of 16.  Judge Thompson ruled that the prosecutors would have to prove that the teachers used their position of authority to coerce the illegitimate consent of t

Wow, what an honor!  I have been informed that I have been selected as being a member of one of the "Ten Best Law Firms in Idaho." I need only pay $295.00 and I get a nifty plaque just like the one pictured above, so I can put it up in my office for all of my clients to see. I actually get notifications like this about 4-5 times per year.  I am always suspect when I get one of these letters soliciting money for a nifty plaque.  One company selling plaques like this had a listing of those participating, and I believe it was about 4,500 attorneys, each one sporting a plaque proclaiming his firm as a "Top 10" something-or-other. I checked the website for the company whose plaque is pictured above, to find the names of those 10 attorneys who were so very good in Idaho in 2016.  There were no names of any selected, but the website did say that two attorneys were being considered.   In other words, as we approach the end of 2017, this group has not yet decided who

Bladen County sheriff's deputies caught a South Carolina man and woman attempting to sell moonshine across state lines and now they are facing multiple charges. Dillen Wright, 20, and Kaytee Nielsen, 26, were arrested following an undercover operation involving North Carolina Alcohol Enforcement Agents and agents with the South Carolina Law Enforcement Division. Sheriff James McVicker's office had received complaints about two people selling moonshine over Facebook. The two agencies set up a meeting in Clarkton, where an undercover agent met the pair who drove up from South Carolina and delivered 8 quarts of moonshine. After the exchange, the two were arrested without incident. Wright was charged with possession of alcohol by a 20 year old, consuming alcohol by a 20 year old, transporting non tax paid alcohol, possessing non tax paid alcohol, unauthorized possession of spirituous liquor, selling alcohol without a permit, consuming alcohol on a premise with only off premi

Michael and Heather Martin, the couple on the YouTube 'prank' channel DaddyOFive, were sentenced to years of probation due to child neglect. Their videos had them playing 'pranks' on their five children. The videos triggered outrage and claims of child abuse. Some videos included the couple yelling at their children until they cried, and one showed a child being shoved over and getting a bloody nose. The Frederick County Sheriff's Office and Child Protective Services started investigating the Martins after several people complained that the videos showed the kids in emotional distress. They had the entire family undergo psychological evaluations and found that two of the children suffered mental injury as a result of the videos. Back in May, the couple lost custody of those two children who are Michael's biological children and Heather's stepchildren. The three other children, who are Heather's biological sons, were not a part in the criminal case