Browning Law News Blog

Virgil Bates III from Ohio was going to the house to confront his wife about her affair. Bates found another man, Matthew Tipton, in bed with his wife, and he admitted to biting off part of Tipton's ear off. Bates put the man in a headlock, the man bit his arm, and Bates responded by biting part of the man's ear off. Bates plead guilty to aggravated assault on last Monday. An assistant prosecutor said that the ear couldn't be repaired, and any procedure would be extremely painful because it is difficult to numb ears since they are mostly cartilage. He faces up to 18 months in prison. The prosecutors have said that they would recommend he be placed on community control and spend time at a correctional treatment facility followed by a work release program. His sentencing is August 31. Comments from Allen : In this man's hunger for justice, he bit off another man's ear.  When I read about this case, I wondered why Mr. Bates pled "guilty" to  aggra...

Residents of the invaded home Photo Source: Telegram Marianne Diaz and her fiancé, Bryant Alequin, were startled when ten to fifteen SWAT team members burst through the front and back doors of their apartment with their guns drawn. The authorities entered the apartment at 5:30 AM. Diaz grabbed her two daughters(one of them disabled) and feared for her life. She was naked at the time and a female officer frisked her before they allowed her to put on clothes.  Diaz said that the whole incident was traumatizing and that they were loud and vulgar.  Alequin was in the bathroom, and they put him in handcuffs that were very tight. He also suffered a minor back injury. Their roommate, Joshua Matos, had his wrist refractured during the raid.  The State Police Troopers had a search warrant, but Diaz and her family were not who the authorities were looking for. The officers didn't seize anything during the raid, arrest anyone, or find the man the warrant authorize t...

In the criminal justice system, the prosecutor is obliged with bringing justice. That means, even though someone comes into his or her office complaining of being wronged, the prosecutor has an obligation to try to determine who is at fault and who is telling the truth about an incident. Sometimes, when an accused in a felony case steadfastly proclaims his innocence, the prosecutor suggests the accused undergo a polygraph test. These tests are commonly requested by police in cases involving murder, missing persons, and sexual abuse. Here are some things you need to know about polygraph tests: 1. The results of any polygraph test are inadmissible in court. I have found polygraph tests to be remarkably accurate, but the courts have, for policy reasons, refused to allow the results of these tests to be admitted into evidence. When polygraph tests are administered, a set of questions are asked by the administrator of the test; the questions and the corresponding answers are recorded...

Former Subway spokesman, Jared Fogle, plead guilty to possessing child pornography and traveling to pay for sex with minors. These charges came from a child porn investigation after the ex-head of his nonprofit was arrested for child porn. Federal agents seized his computer and DVDs from his house in Indiana. They also found a jump drive with over 400 videos of child porn. They also subpoenaed text messages from his phone. A former friend of Jared remember that he used to comment on the attractiveness of young girls. She notified the FBI about the comments and she wore a wire while talking with Jared to help with their investigation. The sandwich chain has dissolved their relationship with Jared. Jared's wife, Katie Fogle, is going to be filing for a divorce. Jared is set to accept a plea deal that would include him paying each of the 14 minors involved $100,000 totaling $1.4 million. The money the victims get will help pay for counseling, treatment, support, and other ass...

After two disabled children were placed in handcuffs at school, two Kentucky women are suing a county sheriff and a school resource officer. Kentucky already has regulations that ban school officials from physically restraining students that have known disabilities.   The handcuffs were too large to be placed on their wrists, so they were placed on their biceps behind them. The 8 year old boy and 9 year old girl had been diagnosed with attention deficit hyperactivity disorder. A video of the incident was captured by a school administrator and uploaded to YouTube by the American Civil Liberties Union. The boy was taken his classroom because he wasn't following his teacher's directions, and was handcuffed after trying to jab the officer with his elbow. The girl was taken from her classroom because she was being disruptive. The lawsuit is asking that the school never do this again, and compensation for pain and emotional trauma and attorney's fees. Comments ...

Photo Source: ABC News 20 year old Josten Bundy got in an altercation with his girlfriend's ex-boyfriend, which lead to the ex filing an assault charge against him. Bundy said that the ex was saying rude comments to his girlfriend, so Bundy punched the ex in the jaw a couple times. A Texas judge ordered Josten Bundy to either go to jail for fifteen days or marry his 19 year old girlfriend within thirty days of his probation. On the official court transcript, the judge asked Bundy if his girlfriend was "worth it." Other part of his probation include writing bible verses and getting counseling. The couple got married within the appropriate amount of time. They didn't even question the legality of the ultimatum until after they got married. Attorney Blake Bailey said that the wedding was illegal, and that it would have been rescinded if they had appealed the sentencing to a higher court. So far the couple does not regret getting married. They are planning another...

Parents in California sent their children to a week-long  police lead boot camp called Leadership Empowerment and Discipline(LEAD), intending it would help with their children's behavioral problems. However, their children came home bloody and bruised. One child even came back with a fractured hand and broken fingers. Four police officers were arrested for abusing 15 children ranging from 12 to 17 years old at a boot camp for troubled kids. The officers were arrested for willful cruelty to children and other crimes under color of authority. Previously, the LEAD camp had been operating for 17 years without any reports of abuse. The FBI Computer Analysis Response Team aided in a two month investigation. Lawyers representing the children said that the children were slammed against walls, had their fingers stepped on while doing push-ups, and were beaten in a dark room. Each of the four officers posted a $20,000 bail bond. This case has been submitted to the San Luis Obispo County...

 Boise police officers accidently broke into the wrong apartment a couple weeks ago. They busted down the door and threw a flash bang device, and the neighbors said that it sounded like a gunshot had gone off. Photo Source: Idaho Statesman The two people inside the apartment were startled, but they were very cooperative. The officers offered to pay for a hotel for the occupants, but they declined. An officer was stationed at the apartment for the night, so everything would remain secure. The police were trying to serve a search warrant because of a complaints of suspected drug dealing and thefts in the area. An address had been connected and confirmed by several sources. As soon as the officers entered the apartment, they realized their mistake. Read more here: http://www.idahostatesman.com/2015/07/17/3900004_bpd-breaks-into-wrong-north-end.html?rh=1#storylink=cpy The management of the apartment complex has distributed a letter to all of the residents saying that it wa...

Rolling Stone magazine published an article November 2014 about an alleged gang rape at the University of Virginia titled, "A Rape On Campus." The article was focus around a girl called "Jackie" who said she was attacked and raped by seven members of the fraternity Phi Kappa Psi on campus. A four month investigation didn't lead to any evidence that the incident actually took place. When the police wanted to get involved, she refused to cooperate. Other media outlets found discrepancies in Jackie's story. Rolling Stone apologized for the article in a letter to the readers. The author of the article, Ederly, has also issued an apology. The Rolling Stone's managing editor, Will Dana, announced that he will be leaving the magazine this month. Three graduated members of Phi Kappa Psi formally filed a lawsuit last month in the U.S. District Court in New York. They are also suing the publisher, Wenner Media. A lawyer said the men suffered from attacks si...

Allen Browning explains 7 things that lawyers aren't allowed to tell jurors during a trial.  Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident. Also, check out browninglaw.net for more information about Allen and Browning Law. Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims. Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and success...

A New York woman, Giselle Mayr, is seeking a lawsuit against a doctor for inappropriately touching her during an examination in 2008. The doctor, Dimitri Alvarez, claims that he was having a seizure during the suggested incident. He said that a neurologist diagnosed him with a seizure disorder after the incident happened. Mayr sued Alvarez in 2009 for assault and battery. She also filed charges for negligent hiring and supervision against the Family Practice of Kingston, where the incident occurred. The New York Supreme Court dismissed the case, but the third department appellate division ruled that Alvarez should not have been granted summary judgement. The judge decided that even if he was having a seizure during the incident, his behavior is still improper. Alvarez was not regularly taking his anti-seizure medication that he got after he was involved in two car accidents before the incident with the incident with Mayr. Comments from Allen : Under New York law,...