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Police Drop all Charges Against Fred Weary

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:
 
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?
 
disaacks3 said:
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:
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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.
 
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.
 
90274 said:
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?
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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.
 
underdog65 said:
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.
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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

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.
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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.
 
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