Re: O.C. mother charged with murder


"Marianna" <nomiddleinitial99@xxxxxxxxx> wrote in message
news:3543ad9c-7494-4bd7-b6a2-20e0d9ecfbe3@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
On Feb 29, 6:58 am, "Stan Engel" <Stan_en...@xxxxxxxxx> wrote:

There's a maximum allowable blood-alcohol level for
people who are driving but none in your home. She
may or may not have been unable to function. She
was alert enough to attempt mouth to mouth
resuscitation.

Stan, maybe you'll know this- what IS the law
regarding being intoxicated around a child?

Marianna, I did a GOOGLE search using "intoxicated around a child" and I
didn't come across any specific statute on that subject. I would guess that
dangerous behavior around children would qualify as "child endangerment"
under the rather elastic provisions of such laws. I found several cases of
intoxicated people being charged with child endangerment and I listed two
recent cases at the end of this message. The case from Kentucky is about a
50 year old man who was intoxicated from prescription drugs and collapsed on
his grandson, killing the child.

Obviously if
you're on illegal drugs you could get popped for that
alone, but if you're home with the kids and looped,
BUT they're in no danger and nothing happens...is that
enough to get you charged with something? I'm asking
seriously and without sarcasm.

Short answer is I don't know for sure. The longer answer is that people who
get arrested for drug use stand a high chance of losing their kids. Habitual
drunkards - which might or might not describe the Orange County woman -
would be in the same position as consumers of banned substances. I think.

I agree that this isn't murder. Neglect leading to death,
whatever the official legal term for that is, but not
murder.

Again, the charges against Paige Looney are way out of line for this
situation. The fact that the police and prosecutors are giving the media
access tells me that they know they have a weak case. The intent is to get
her so scared she'll accept some plea bargain down the line.

She wasn't driving drunk so she had every right to refuse a breathalyzer
test. I doubt if the Anaheim police informed her of this before the
questioning. I assume there were plenty of empty beer cans in the house. Did
Paige Looney drink them herself or did other people like her husband or
friends help out?

The initial posting said this: "Looney showed signs of intoxication and
empty beer cans were found about the house and backyard, according to
police. It was unclear how the boy had gotten into the pool, which did not
have a fence or barricade surrounding it. Under state law, new pools are
required to be fenced. Police are investigating whether the pool was
'grandfathered' in before the law went into effect. They also are reviewing
the 2005 death of her 2-year-old son. The cause of death was listed as
undetermined, police said, but was linked to a preexisting heart condition."

Again, if it is unsafe for new pools to be without fences, it is equally
unsafe for older pools to be without fences. So why did the California
legislature exempt older pools?

Marianna

+++++++++++++++++++++++++++++
From Anderson, South Carolina
Intoxicated Anderson woman suspected of endangering child during high-speed
chase
By Pearce Adams
Tuesday, February 26, 2008

ANDERSON - City of Anderson police are trying to determine if the criminal
charge of neglecting a child should be made against a 24-year-old Anderson
woman, who failed a field sobriety test about 2:15 a.m. Tuesday after a
high-speed chase in Anderson.
Jera McAdams faces a March 4 hearing on charges of reckless driving and
driving under the influence, according to Tuesday's testimony in Anderson
Municipal Court and records from the Anderson City Jail.
So far, Ms. McAdams has not been charged with the neglect of her child, who
was unrestrained inside a Toyota Corolla during the police chase, according
to the incident report.
Anderson City Police were notified by Ms. McAdams boyfriend about 2:15 a.m.
Tuesday that she had been out drinking, returned home and had taken their
daughter from a home on West Fredricks Street.
Police stopped the Toyota at Pope Drive and Whitehall Avenue, the report
states.
During the chase, Ms. McAdams "did a 180-degree spinout" during an attempted
turn near Mall Road, Officer Donald Cabral said in his report.
Ms. McAdams jumped out of the Toyota, "screaming and running around," before
Officer Cabral discovered the child, who complained of being cold and "was
not strapped in her safety seat and was never secured in her safety seat,"
he said in the report.
+++++++++++++++++++++++++++
From Kentucky

Police: Intoxicated Man Passes Out On Grandson, Killing Him
POSTED: 5:20 pm EST February 15, 2008
UPDATED: 1:41 pm EST February 19, 2008
CAMPBELLSBURG, Ky. -- A man who police said passed out intoxicated on top of
his grandson has been charged with reckless homicide in the boy's death.
Donna Marie Cull, the child's grandmother, said when 2-month-old Xavian Cull
was born, he spent 11 days in the NICU with a heart valve defect. He had two
blood transfusions and survived.
Cull and her husband, David Cull, had custody of Xavian and his 5-year-old
half-sister.
"I was shocked. A bit surprised," she said. "But I just can't believe that
he took the baby away."
"The infant had been placed somehow in a soft cushion chair, and the suspect
allegedly, in an apparent intoxicated state, sat down in the chair where the
infant was laying and passed out in the chair," said Detective Steve Goodale
of Kentucky State Police.
Police said around 5 a.m. Thursday, a family member woke up 50-year-old
David Cull, whom police said appeared to have been intoxicated from
prescription drugs.
The grandmother said when she discovered Xavian, he was unconscious and
unresponsive.
"His lips were purple, and he had four purple stripes down the side of his
face," she said. "I blew in his face and he wouldn't breathe. His hands were
clenched, and he was cold."
Police said they got the 911 call around 7:30 a.m. and arrested Cull. Later
that day, Child Protective Services came and took the 5-year-old girl and
placed her with other relatives.
In one day, Donna Marie Cull lost her grandson, her granddaughter and her
husband.
"I know he loved him. It was an accident. I know it was an accident," she
said. "It wasn't intentional, I'm sure."
David Cull's bond has been set at $5,000 cash or $10,000 property. He's
being held at the Carroll County Regional Detention Center.



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