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Texans_Chick
11-14-2006, 10:00 PM
KHOU with video of the post arrest.

http://www.khou.com/topstories/stories/khou061114_mh_wearyarrested.38edbae8.html

Chronic Story

http://www.chron.com/disp/story.mpl/front/4334471.html

AP story

http://sports.yahoo.com/nfl/news;_ylt=AnaRD16tosR6Sp3zE6C9OjlDubYF?slug=ap-texans-wearyarrest&prov=ap&type=lgns

The Chronic story says he wasn't hurt. With his cardiac risk factors, I am guessing he will be getting a good physical.

http://abclocal.go.com/ktrk/#

Vinny
11-14-2006, 10:09 PM
Here is a link (http://forums.houstontexans.com/showthread.php?t=30957) to the HPD vs Fred Weary thread.

Please only post news articles and stories that break....go to the no spin zone (http://forums.houstontexans.com/showthread.php?t=30957) for any HPD conspiracy theories or whatnot....let's keep this thread about news stories, breaking news on the arrest and football/team issues. If you post any social commentary and you come back and do not find your entry...look in the nsz as per above.

thanka,
V

mexican_texan
11-14-2006, 10:14 PM
With the time he'll miss for tests/questioning, does McKinney have the inside track on the starting spot?

TexanFanInCC
11-14-2006, 11:09 PM
i wouldnt watch it.

infantrycak
11-14-2006, 11:17 PM
];499917']I want vids folks. I wondered if he screamed like a girly girl?

Hahahahah!!!

What a dumbass!

Great so you couldn't read to find this thread and are consistently judgmental about football players who you have no way of having full info on.

Hervoyel
11-15-2006, 09:39 AM
One sentiment I echo in those deleted posts though is the question of how the new regime will handle this. I expect it to look a lot like the Marcus Coleman DUI when it's all said and done.

The way the Texans deal with things like this comes mostly from the top (Bob McNair) IMO and since that hasn't changed I doubt their response to this kind of situation will. Still I'll be paying attention to see if they're going to do things any differently.

Texans_Chick
11-15-2006, 11:15 AM
One sentiment I echo in those deleted posts though is the question of how the new regime will handle this. I expect it to look a lot like the Marcus Coleman DUI when it's all said and done.

The way the Texans deal with things like this comes mostly from the top (Bob McNair) IMO and since that hasn't changed I doubt their response to this kind of situation will. Still I'll be paying attention to see if they're going to do things any differently.

Personally, I think it will depend on if they can see the dash cam video.

If the video shows outrageous stuff by Weary, no matter how iffy the original stop was, I would expect for them to take some sort of action.

If the video is not outrageous, then maybe not.

If they can't see the video, I am guessing that they will really listen to what Weary has to say about this. I am guessing he has enough stored good will with the team for them to find him credible.

Nothing like being Tasered and kept in jail pending charges. I am guessing he didn't sleep too good last night.

I personally hope (assuming that Weary's behavior at the scene wasn't too over the top) that the Texans do not discipline him. The Texans are in a bad spot. If just driving around Reliant Stadium looking at police officers in the middle of the afternoon makes you an object of "suspicious behavior," I am guessing a lot of the players for the team feel at risk, especially if a guy like Fred Weary can be busted.

This may be one of those situations that the Texans need to be on the player's side, and save the wrath of the team for those situations when someone is DUIing or doing something overtly bad--instead of getting into a bad situation that wouldn't have happened had you not just been driving by your workplace.

YRMV

Malloy
11-15-2006, 11:26 AM
It's been almost 24 hours right, so it's either time to let him go or charge him?

I agree TC, unless he made something REAL BAD, the entire team should show up in his support.

We'll see.. :)

Texans_Chick
11-15-2006, 11:40 AM
It's been almost 24 hours right, so it's either time to let him go or charge him?

I agree TC, unless he made something REAL BAD, the entire team should show up in his support.

We'll see.. :)

Here's some news that isn't public yet, but I have my uh sources.

He was charged with resisting arrest. This is a class A misdemeanor. The maximum punishment is 1 year, but I can't see that happening given even the circumstances the police have made public.

To prove resisting arrest, you have to intentionally obstruct a peace officer from effecting an arrest. Under the law, at a minimum they have to show some sort of intentional physical act against the police officer, and not just pulling your arms away from the cuffs.

It is likely that if the police said that he resisted arrest, the DA would accept charges to support the police officer, especially since the taser was involved.

It is no defense to resisting arrest that the arrest was made unlawfully--i.e. pretextually in violation of his Constitutional rights.

There should be a dash cam video of the scene.

His first court date is 11/21. He is in Pam Derbyshire's court. She has a reputation for being a fair, sensible judge.

His bond was $1000 and he made bond with a local bonding company. If everything goes the way it normally does, he should be out of jail this morning.

No word who his lawyer is yet. I am sure that it is a good one.

So there you go.

Malloy
11-15-2006, 11:45 AM
Thanks TC, sounds like everything is going "according to plan". :)

I guess we'll get a statement from either the Texans or Weary himself later today. I sure hope so :)

[EDIT] Speeling es teh hart! %}

Kaiser Toro
11-15-2006, 11:46 AM
Appreciate you sharing your take based on your expereince and contacts TC.

TexanFanInCC
11-15-2006, 11:46 AM
jim rome will mention it on his show in a little bit. sportsradio610

Kaiser Toro
11-15-2006, 11:59 AM
When I watched last week's game I noticed a few things - Winston played well in his limited snaps (whichi had more to do with him being fresh) and Lundy did a nice job of picking up blitzes.

Ibar_Harry
11-15-2006, 12:02 PM
Here's some news that isn't public yet, but I have my uh sources.

He was charged with resisting arrest. This is a class A misdemeanor. The maximum punishment is 1 year, but I can't see that happening given even the circumstances the police have made public.

To prove resisting arrest, you have to intentionally obstruct a peace officer from effecting an arrest. Under the law, at a minimum they have to show some sort of intentional physical act against the police officer, and not just pulling your arms away from the cuffs.

It is likely that if the police said that he resisted arrest, the DA would accept charges to support the police officer, especially since the taser was involved.

It is no defense to resisting arrest that the arrest was made unlawfully--i.e. pretextually in violation of his Constitutional rights.

There should be a dash cam video of the scene.

His first court date is 11/21. He is in Pam Derbyshire's court. She has a reputation for being a fair, sensible judge.

His bond was $1000 and he made bond with a local bonding company. If everything goes the way it normally does, he should be out of jail this morning.

No word who his lawyer is yet. I am sure that it is a good one.

So there you go.

I think some one needs to drive him to and from work the next several days. This business of being able to make a case out of no case has bothered me for a long time. In dredging (hobby) we have the same kind of problem. If you are ordered out of the water because someone thinks you are doing something wrong, you must obey or face the resisting charge. You have to go to court and prove they are wrong. Again, you may well be doing nothing wrong and not violating any rules. We have a problem with environmental rangers.

Malloy
11-15-2006, 12:04 PM
I was actually thinking of this "driving to and fro the Reliant". How much would it cost this organization to pick up and drive home all of their players? :)

Vinny
11-15-2006, 12:05 PM
I was actually thinking of this "driving to and fro the Reliant". How much would it cost this organization to pick up and drive home all of their players? :) I don't think the Texans need to protect the players from the police.

Malloy
11-15-2006, 12:09 PM
I don't think the Texans need to protect the players from the police.

I agree, but it could serve other purposes also, making sure the players don't go out drinking after work. You could even have someone cook for them and tug them in at night.

The Swedish soccer team had a European Championship Qualifier a month or two ago. Their top forward "Slatan" crawled out a window after "light's out" and went to a bar for a couple of beers. Houston Texans Day-and-Night care could take care of stuff like that too ;)

Vinny
11-15-2006, 12:11 PM
I think that would be great....for high school. ;)

jdog
11-15-2006, 01:33 PM
So is Houston a really racist city or what?

Specnatz
11-15-2006, 01:57 PM
So is Houston a really racist city or what?

It is a very large city, you have all types. My brother is a police officer for a small town and ummmm to put it mildly, he is an A-Hole. He is always bragging about how many tickets he writes. And he wonders why I do not talk to him that often.

Texans_Chick
11-15-2006, 02:22 PM
SR610 is reporting that Weary practiced today.

Though the Texans are still investigating, the rumors are that Weary will be playing on Sunday.

Vinny
11-15-2006, 02:24 PM
SR610 is reporting that Weary practiced today.

Though the Texans are still investigating, the rumors are that Weary will be playing on Sunday.
I don't see why he wouldn't...it's not like he was driving drunk or they found Michael Irvin's friend's crack pipe under his seat.

HJam72
11-15-2006, 02:24 PM
SR610 is reporting that Weary practiced today.

Though the Texans are still investigating, the rumors are that Weary will be playing on Sunday.

Um, I don't think the law likes it when you break out of jail to go to football practice. :tease:

Thanx for the info, TC.

Texan_Bill
11-15-2006, 03:12 PM
I don't see why he wouldn't...it's not like he was driving drunk or they found Michael Irvin's friend's crack pipe under his seat.

:rofl: I agree that he should practice and play...

Maddict5
11-15-2006, 03:19 PM
I agree, but it could serve other purposes also, making sure the players don't go out drinking after work. You could even have someone cook for them and tug them in at night.

The Swedish soccer team had a European Championship Qualifier a month or two ago. Their top forward "Slatan" crawled out a window after "light's out" and went to a bar for a couple of beers. Houston Texans Day-and-Night care could take care of stuff like that too ;)

Zlatan:tease:

Texan_Bill
11-15-2006, 03:23 PM
Thank god, we realy don't need to lose any more starters! Is there any official word from the organization yet? I hope he doesn't get sat by Kubiak or anything.

According to the ESPN article, it sounded like Kubes has got Weary's back.. Of course, that is subject to change.

Malloy
11-15-2006, 03:31 PM
Zlatan:tease:

You're right, sorry. Man that was one funny story, what a jerk, but what a damn gifted player :)

Bullpen Drew
11-15-2006, 04:12 PM
So is Houston a really racist city or what?

Austin police will shoot you in the back while handcuffed!

Austrian
11-15-2006, 04:23 PM
You're right, sorry. Man that was one funny story, what a jerk, but what a damn gifted player :)

I don't think so! To me Ibrahimovic is overrated. He played really bad during the World Championship.:twocents:

Malloy
11-15-2006, 04:50 PM
I don't think so! To me Ibrahimovic is overrated. He played really bad during the World Championship.:twocents:

But he's very effective in Italy. Personality-wise.... not my cup of tea :)

aj.
11-15-2006, 06:01 PM
A local news station reported that Weary was released at 9:30 last night (day of arrest) .. meaning he didn't spend the night in jail. Anyway, that's what I saw on the late news last night. I doubt if he'd be at practice this morning if he just rolled out of Reisner an hour before.

SuperMario
11-15-2006, 06:58 PM
Fred Weary just released a statement of the incident
http://www.houstontexans.com/news/detail.php?PRKey=3102&section=N%20Latest%20News

The incident that I was involved in yesterday was a very unfortunate situation and Im sorry that it has caused a distraction to the team and my family. I am seeking legal counsel and I am confident that the truth will be revealed as the facts of the case unfold. I just want to put this behind me and focus on playing football for the Houston Texans and helping our team win Sunday against the Buffalo Bills.

BigWig
11-16-2006, 07:38 AM
they were suspicious, he was driving an Impala SS when he should be driving a Hummer or Escalade or something more fly.

mexican_texan
11-16-2006, 11:40 AM
Nice to see Kubiak and other players stand up for him.

Runner
11-16-2006, 12:42 PM
they were suspicious, he was driving an Impala SS when he should be driving a Hummer or Escalade or something more fly.

I'm pretty sure it was a vintage SS and off the hook.

jdog
11-16-2006, 04:25 PM
Nevermind, I just noticed Vinny's earlier post.

real
11-16-2006, 04:27 PM
Nevermind, I just noticed Vinny's earlier post.

You should check out the other thread about Weary's arrest...

90274
11-17-2006, 07:42 AM
Any cops or lawyer types here? Maybe you can explain to me why a person would be charged with only resisting arrest and not another crime? What was the crime he was resisting his arrest for? Why would he only be charged with resisting and not the crime he was supposedly being arrested for? Makes no sense to me that he is only charged with resisting, you gotta have a reason to arrest someone don't you?

Texan_Bill
11-17-2006, 08:24 AM
Texans_Chick........??

Texans_Chick
11-17-2006, 08:35 AM
Any cops or lawyer types here? Maybe you can explain to me why a person would be charged with only resisting arrest and not another crime? What was the crime he was resisting his arrest for? Why would he only be charged with resisting and not the crime he was supposedly being arrested for? Makes no sense to me that he is only charged with resisting, you gotta have a reason to arrest someone don't you?

I've talked about this some in the comments of my blog post:

link (http://blogs.chron.com/fanblogtexans/2006/11/did_fred_weary_get_busted_for.html)

Basically, usually the police will charge you with the most serious offense. So, a Class A misdemeanor of resisting is more serious than the lane change or no front license plate offense.

You can be arrested for a traffic offense, even a fairly minor one It is up to the discretion of the police. If they arrest you, they are allowed under the law to do a search of your car without your consent.

Texan_Bill
11-17-2006, 08:43 AM
Thanks TC.. I know you addressed my similar question on your blog, but I figured that you could articulate an answer to this better than I could.

90274
11-17-2006, 11:20 AM
If they arrest you, they are allowed under the law to do a search of your car without your consent.

I don't think that is correct. If you tell them you do not consent to a search they are not legally able to search the vehicle. In this case a search of the vehicle is not the issue. Most people do not know and or understand their rights and surrender them by not knowing and allowing them to be trampled. Probable cause has to be demonstarted for a search to take place unless in the last few days the Governemnt has done away with our constitution.

infantrycak
11-17-2006, 11:23 AM
I don't think that is correct. If you tell them you do not consent to a search they are not legally able to search the vehicle. In this case a search of the vehicle is not the issue. Most people do not know and or understand their rights and surrender them by not knowing and allowing them to be trampled. Probable cause has to be demonstarted for a search to take place unless in the last few days the Governemnt has done away with our constitution.

TC is correct. Prior to arrest you have to give your consent for the car to be searched unless they have probable cause. After arrest they can search your person and if you were in a vehicle, the vehicle as well.

Texan_Bill
11-17-2006, 11:25 AM
I don't think that is correct. If you tell them you do not consent to a search they are not legally able to search the vehicle. In this case a search of the vehicle is not the issue. Most people do not know and or understand their rights and surrender them by not knowing and allowing them to be trampled. Probable cause has to be demonstarted for a search to take place unless in the last few days the Governemnt has done away with our constitution.

Knowing TC's background, I would defer to her... read her blog, she gives a little background as to where her answer(s) come from....

Specnatz
11-17-2006, 12:20 PM
The only offense you can't be arrested for is speeding, if I remember correctly. With speeding you can be arrested if it is over 30 mph over the posted speedlimit except in shool zones.

After an arrest, they then can search you and your vehicle for any illegal material.

TC your blog post was great, it seems most people have this huge question about the 6 miles.

When I lived in Houston and way back when I had just got out of HS I owned a '78 Grand Prix, my GF at the time lived in Bellaire. Everytime I went to see her I would get followed and or stopped. Oh by the way I am a 5' 6" white guy, not menacing at all, ok yea I guess I am to kittens and puppies. There was one particular officer who stopped me three times and harrassed me about being in the wrong neighborhood. Of course I always said yes sir or no sir, but I could understand being stopped like that and cursing someone out for being treated like that.

ItsAJtime
11-17-2006, 12:35 PM
If the driver is arrested, the car must be searched before towing. Searching a car without consent is acceptable if the driver is arrested.

fdknuckles
11-18-2006, 09:19 PM
What the public and dear Fred must understandis that the law is written in such a way that it is impossible to drive 1/2 a mile without breaking some form of traffic law at leat in the officers opinion " note, cameras don't come on until ater probable cause.

Anyway once you get pulled over Fred you Must be the officers best friend or you are suspicius and if you are his/ her best friend, you are tryng to hide something. If a cop wants to search you or your veicle, there is a way for them to do it, wether you like it or not.

The unfortunate truth is there are quite a few officers whose self esteam is derived from their "power" on the side of the road and they'll do as they please. Now for legal purposes...Most offiicers are the good guys and are interested in the public good and not 4 annual payments of $19.99 with free shipping and handling.:stirpot:

fdknuckles
11-18-2006, 09:20 PM
Sorry for the spelling, I'm passionate .

Paragon Blue
11-21-2006, 12:25 PM
http://abclocal.go.com/ktrk/story?section=local&id=4782837

:redtowel: Good for him

OzzO
11-21-2006, 12:27 PM
Congrats Fred.... though it does make one wonder what happened then and why the charges were dropped.

disaacks3
11-21-2006, 12:37 PM
The judge dropped the "Resisting Arrest" charge (why he was tasered), but I'm sure HPD won't let the missing plate & "improper lane change" go.

Hopefully, he can just pay those two tickets & this thing is over with for good! :redtowel:

Texan_Bill
11-21-2006, 12:49 PM
If y'all read TC's blog, she explained that if you flinch, it is not resisting arrest and apparently the judge heard the DA's case and they mentioned that he "pulled away". The judge then made a statement, "since when is pulling away resisting arrest?".. Thanks TC, you were dead on....

By the way, what happens to the cops that shot 50 volts of electricity through Weary?

jerek
11-21-2006, 12:53 PM
http://abclocal.go.com/ktrk/story?section=local&id=4782837

Somebody eff'd up ...

Porky
11-21-2006, 12:55 PM
The judge dropped the "Resisting Arrest" charge (why he was tasered), but I'm sure HPD won't let the missing plate & "improper lane change" go.

Hopefully, he can just pay those two tickets & this thing is over with for good! :redtowel:

The article says ALL charges were dropped. To me all charges is all charges, and rightfully so. This was just police harrasment, but if it happened to Joe Q. Public he would be buried in jail somewhere, but since it is a high profile case, it's suddenly going to go away. Interesting.

underdog65
11-21-2006, 02:03 PM
That is the ugly truth with the justice system in America. Money talks and the truth walks. I am not saying justice was not served but as mentioned in the above posts... if it happened to the common man, it would not have been handled the same.

HoustonFrog
11-21-2006, 03:43 PM
Any cops or lawyer types here? Maybe you can explain to me why a person would be charged with only resisting arrest and not another crime? What was the crime he was resisting his arrest for? Why would he only be charged with resisting and not the crime he was supposedly being arrested for? Makes no sense to me that he is only charged with resisting, you gotta have a reason to arrest someone don't you?

He can still get a ticket for the other traffic violations and get arrested for resisting arrest. If that didn't happen then they charge you with the highest offense. I'm an attorney but don't do traffic court. Excuse me if this is off but this is how I always understood it.

Texans_Chick
11-21-2006, 04:13 PM
That is the ugly truth with the justice system in America. Money talks and the truth walks. I am not saying justice was not served but as mentioned in the above posts... if it happened to the common man, it would not have been handled the same.

Money definitely helps.

But that being said, being a wealthy defendant is better than being a wealthy and semi-famous defendant.

Sometimes DAs treat known defendants harsher than the general public because the case is interesting to them and they can get publicity for themselves. They are less likely to drop BS cases.

And even in this case, it works against him: LINK (http://www.chron.com/disp/story.mpl/metropolitan/4351471.html)

The incident occurred, police said, after Weary resisted arrest and appeared to threaten the officer after a routine traffic stop.

Prosecutor Paul Doyle said the the District Attorney's Office will review radio calls made by the officers to determine whether there is sufficient evidence to rearrest and charge Weary.

"For now, it's dropped," Doyle said.

If this happened to a "common man," it is unlikely that they would try to figure out a way to rearrest and charge Weary.

From what I've read, any competant lawyer could have gotten rid of this cases, common man or not. The judge found "no probable cause" for the arrest. Flinching away from being arrested is not enough under the case law to equal resisting arrest.

Minor digression:

Some people shopping for a lawyer just call folks in the Yellow Pages looking for the cheapest lawyer. People oft get what they pay for. There is no requirement that someone practicing criminal law has expertise in criminal law. Many attorneys that practice in that area do that kind of law because they can't find other employment. Anyone can graduate law school and say they are a criminal lawyer even if all they know about it is the bare bones, impractical stuff they teach in law school.

The only attorneys that you can be assured of having criminal defense experience in Texas are those who are Board Certified in Criminal Law by the Texas Board of Legal Specialization.

Texan_Bill
11-21-2006, 05:32 PM
Anyone can graduate law school and say they are a criminal lawyer even if all they know about it is the bare bones, impractical stuff they teach in law school.


Yankee, I am sending you a $19.99 retainer - right now!!