Independent Medical Exam

San Antonio Policeman Sentenced to 15 years for Car Wreck Causing Death

A San Antonio Police Officer who was speeding and responding to a low level shoplifting crime two years ago was sentenced to 15 years in prison for his actions.   The now former officer was found guilty this week by a Bexar County jury of manslaughter and assault for a car wreck where it was reported that he was responding to a reported shoplifting at a speed in excess of 100 miles per hour when he crashed into a private citizens' vehicle and then struck and killed another San Antonio Police Officer who happened to be out in the area putting out warning flares.   The former officer facing charges rejected a plea bargain offer of 10 years with the possibility of probation and fired his first lawyers to take his chances with the jury.   The maximum range of punishment he was facing was twenty years, thus the district attorney had offered him one-half of the possible maximum to agree to a plea bargain without a trial.  After hearing the evidence from both sides, the jury found him guilty and sentenced him to 15 years.  Because there was a jury finding that he used his vehicle as a deadly weapon, he must serve at least half of his sentence before being eligible for parole.

Speed and distracted driving is the main reason for deaths and injuries on our roads. The common term "car accident" is in error.   Car wrecks are only "accidents" when no-one or thing actions or conduct contributed to the wreck.    As you can see, excessive speeds can even lead anyone to serious criminal charges including charges that one is using their vehicle as a deadly weapon.  

San Antonio Catholic Priest accused of sex assault on child and murder for hire

A San Antonio Catholic priest who  was arrested and charged with sexually assaulting a 16 year old teenage boy in 2008, was arrested again last week in Dallas on charges of trying to hire someone to a hitman to kill his accuser.

Father John M. Fiala, was in Dallas County Jail on a charge of solicitation to commit murder and two counts of aggravated sexual assault of a child.

The Texas Rangers and Department of Public Safety troopers arrested Fiala after he negotiated a murder for hire deal with an undercover officer at his house in Garland, Texas according to statements attributed to DPS spokesman Tom Vinger.

For more information, the article can be read at the San Antonio Express News.

Sports Law

Former LSU Lineman Suing Lloyd's over $2Million Dollar Insurance Policy

Former Louisiana State University offensive lineman Ciron Black is seeking $4 million in a lawsuit claiming that underwriters at Lloyd's of London did not pay an insurance policy he bought before a career-ending knee injury.

In a federal lawsuit filed Oct. 29, Black said he was projected as a first-round NFL pick before the 2009 season. After the season, he was a first-team All-Southeastern Conference selection. He also received the Jacobs Blocking Trophy, which is given to the SEC's top offensive lineman.

Black hurt his knee in a Nov. 7 game against Alabama, was not drafted by any NFL team and was told by doctors on April 20 that his career was over, the lawsuit said.

"He' s told he can't play football again," Black's attorney, Patrick Jackson, told The Advocate. "To suddenly not be able to play football, you can imagine how devastating that is for any young man who had his sights on a career in the NFL."

Jackson said the suit is aimed against underwriters that were supposed to insure Black against a career-ending injury. Jackson said Black paid $14,758 in premiums for a $2 million policy. The suit also seeks $2 million in additional damages for failing to act in "good faith and fair dealing."

Read more: http://www.insurancejournal.com/news/southcentral/2010/11/01/114506.htm#ixzz14kZji3OQ

If you shop at Dollar Tree, and have little kids, check this out.

 

 

Dollar Tree Recalls Children's Projector Flashlights Due to Fire and Burn Hazards

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Name of Product: Wolverine, Spider-Man and Iron Man 2 Projector Flashlights
Units: About 275,000
Hazard: The flashlights can cause the batteries and/or bulb to overheat, posing fire and burn hazards to consumers.


Description: The recalled projector flashlights are about 6 1/2 inches in length and have the Wolverine, Spider-Man and Iron Man characters and names printed on them. The flashlights come with five extra mini discs that attach to the flashlight to project various images. The back of the packaging contains the number 16879-20012-003-1003 and UPC 6 39277 16879 5.
Sold at: Dollar Tree, Dollar Bill$, Dollar Tree $1 Stop, Deal$ and Dollar Tree Deal$ stores nationwide from August 2010 for about $1.
Manufactured in: China
Remedy: Consumers should take the recalled flashlights away from children immediately, remove and properly discard the batteries and return the flashlights to the store where purchased for a full refund.

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772

Wake up San Antonio its a car crash not a car "accident"

drunk driving

WAKE UP SAN ANTONIO…ITS NOT A CAR ACCIDENT…it’s a car CRASH!!!

Your child, teenager, or young adult greatest risk of death is in someone else’s hands.

Car crashes (not ‘accidents’) are the No. 1 killer of children, teens and young adults in America.

Now your favorite recording artists, actors and sport athletes are trying to reduce the risks to our children by trying to change the opinions drinking and driving.

 RADD once stood for Recording Artists, Actors, and Athletes Against Drunk Driving, now stands for The Entertainment Industry’s Voice Against Drunk Driving and is best known for its slogan, “Friends don’t let friends drive drunk.”

Not to be confused with MADD, or Mothers Against Drunk Driving, RADD is nonprofit organization formed in 1986 that uses celebrity power and public service announcements such as “friends don’t let friends drive drunk” to promote sober driving and road safety.

John Mayer, Barry Bonds, Paul McCartney, Shaquille O’Neal, Warren G, Tim McGraw, Marc Anthony and Gwen Stefani have backed RADD’s road safety efforts and used their voices to get the word out about the importance of having a designated driver.

The goal of RADD is “to reduce fatalities and injuries across all age groups by promoting safe, sober driving and awareness of road safety.”

Bexar County is reportedly breaking state law requiring the swift examination of every mentally ill prisoner in jail, leaving an untold number of inmates languishing without proper psychiatric care.  Many of the defendants who are housed at the Bexar County jail suffer from mental illness.  Left properly untreated, this results in harm to the inmate, cell mates, the Bexar County employees, and when released, the general public.        As an attorney assigned court appointments, I can tell you first hand, that many of the individual inmates suffer from some form of mental illness that is often not treated, before, during and after their release. San Antonio and Bexar County must do more to properly examine prisoners for mental illness and provide medication, treatment, placement or proper services in a humane and safe manner.