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David Todd
Attorney at Law
The Todd Law Firm, PLLC
812 San Antonio Street, Suite 401
Austin, Texas 78701
Wrongful Death and Serious Injury
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Yet Another Amusement Park Death
Jul 23, 2007- 11 - 20
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Grandmother Sentenced to 25 Years for Killing Grandson While He Slept
Jul 20, 2007A year after killing her 18-year-old grandson, a 62-year-old woman was sentenced to 25 years under a plea agreement in Montague, Texas, according to the Associated Press. Jamie Larue Holmes pled guilty to murder and arson after setting her mobile home on fire moments after killing her grandson, Brock Holmes. Upset the previous night about his not seeking a job, she shot him in the back of the head the next morning while he slept in the trailer in Nocona, northwest of Dallas in June of 2006.
Convicted Murderer Could Be Free in 13 Years
Firefighters found the body of the teenager inside the burning trailer. Later, police found the grandmother hiding in the woods. She will be eligible for parole in 13 years. Montague County District Attorney Jack McGaughey said the grandmother had planned to shoot herself but ran out of bullets.
Investigators determined no motive but McGaughey said Holmes indicated a conflict with her grandson she did not want discussed during a trial. "It seemed to be very important to her that her grandson's conduct toward her not be an issue brought out in court," the prosecutor said.
http://www.kwtx.com/home/headlines/8608522.html - 12 - 20 -
"Good Samaritan" Beaten to Death By Mob in Austin
Jun 21, 2007A “Good Samaritan” was beaten to death June 19 while trying to defend a friend from a mob attack in an East Austin housing project. The beating occurred as celebrants were leaving the Juneteenth Festival in nearby Rosewood Park. The slaying was Austin’s 11th homicide this year.
David Rivas Morales died in a parking lot of Booker T. Washington Apartments on the 900 block of Thompson Street, adjacent to the park. Moments earlier, police said the vehicle driven by Morales’s friend had struck an African American boy near the entrance to the apartment complex. The Associated Press identified the child as 2-year-old Michael Hosea, Jr., who was hospitalized with non-life threatening injuries.
Helping A Friend Led to Beating Death
“There could have been anywhere from two to 20 attackers,” Austin Police Commander Harold Piatt said of the incident. At the time of the attack, nearly 3,000 people were dispersing the festival, commemorating African American independence in Texas.
When the driver left his car to check on the fallen child, he was confronted by as many as 20 people, Piatt said. When Morales left the vehicle to protect his friend, he was assaulted and beaten. Police said no guns or knives were used. A preliminary autopsy showed Morales died from blunt-force trauma. Police are not releasing the name of the friend, who was not injured. Thus far, police have made no arrests. Witnesses to the beating said one attacker drove away in a maroon or red, four-door Buick ‘Roadmaster’ or Cadillac sedan. Anyone with information is asked to call the police homicide tip line at 512.477.3588.
Mother Allows Removal of Life Support
The sister of the victim, Margaret Morales, rushed to the scene from her nearby residence and found her brother lying on the asphalt, choking on his own blood. Police arrived one minute after receiving a 911 call, although the Morales family complained medical help was slow to arrive. Morales was taken to Brackenridge Hospital 35 minutes after the 911 call was received, said Warren Hassinger, Austin-Travis County Emergency Services spokesman.
At the hospital, the victim’s mother, Mary Helen Morales, said her son’s face was swollen and his eyes were purple. John Morales, the victim's brother, said doctors told him and his family they couldn't control bleeding in the victim’s brain and his heart kept stopping. The Houston Chronicle reported the mother authorized removal of life support after a medical team said her son would not survive.
Margaret Morales said her brother was on his way home from his job as a painter. The driver, whom she knew only as Victor, drove him to and from work every day, she said. Neighbor Earl White said Morales enjoyed sitting on the porch and watching the neighborhood children play in the parking lot.
Another sister, Elizabeth Morales said, "I just want the people caught and brought to justice. I want them to feel the same pain they caused my brother."
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New State Law Makes Vicious Dog Attacks A Felony
Sep 20, 2007Pet owners better get a tighter grip on their dog leashes.
Just three weeks ago, the Texas Legislature passed a new law, making it a felony if an owner’s pet kills or seriously injures another. The pet owner could even face jail time, even if it’s the animal’s first attack.
Law Evolved from Fatal Attack on Elderly Woman in 2005
The law stems from the fatal mauling of 76-year-old Lillian Stiles, who was attacked and killed by a pack of dogs in central Texas in November, 2005. The owner of the pit bull-Rottweiler mixes was charged with criminally negligent homicide.
The dog pack pulled Stiles’ hair from her scalp and tore off her clothes. The maul was so severe, she was barely recognizable to her husband, the Associated Press reported.
"If my father didn't know what my mother had been wearing, he wouldn't have known it was her," said Stiles' daughter, Marilyn Stiles Shoemaker. "That's the last image my dad has of mom, seeing her like that. After 55 years of marriage, that's real hard."
Rep. Gattis Names Bill, "Lillian's Law"
Representative Dan Gattis of Georgetown filed Texas House Bill 1355, dubbed "Lillian's Law," which would leave dog owners facing a second-degree felony and two to 20 years in prison if their animal attacks and kills or causes serious bodily injury. In the past, it was the animal, not the owner who suffered the consequences, in some cases, euthanasia.
Attorney Jeff Shaver of the Texas Responsible Pet Owners Alliance supports making dog owners responsible for their pets, but he said many live in areas where dogs are legally allowed to roam free.
"Dogs, like kids, sometimes get out of a yard and do something they're not supposed to do, and you're going to create a whole new class of felons," Shaver said. "It potentially could affect a lot of people in a bad way, people who aren't criminals. Do we really want to make people in this category the same as burglars and rapists?" he asked.
Said Keane Menefee of the Fort Worth Animal Care and Control, “Any tool we can get to protect our citizens is vital.” Animal control officers said the problem is the pet owner who trains dogs to fight or allows them to run off-leash.
The Centers for Disease Control's National Center for Injury Prevention and Control reported dogs bite 4.7 million people a year, with 800,000 requiring medical attention. Of that number, 386,000 need emergency treatment and 12 die.
http://www.itchmo.com/new-texas-dog-bite-law-goes-into-effect-2592 - 14 - 20 -
CDC: US Free of Canine Rabies
Sep 07, 2007Reuters reports that the Center for Disease Control has announced a small victory over the fatal and untreatable rabies virus. No cases of canine rabies have been found in the United States since 2004.
The CDC emphasizes that this does not mean that the rabies virus has completely disappeared. The virus evolves to match the animal it infects. Dogs can still become infected with rabies when bitten by an infected raccoon, skunk, or bat, but can no longer catch the disease from another dog.
Worldwide, rabies kills 55,000 people a year, according to the World Health Organization.
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Parents Could Face Charges After Son Is Mauled to Death By Family Pit Bull
Sep 01, 2007For the Warren family of Dallas, the last day of August, 2007 will live first and foremost in their minds. On that day, their 6-year-old child was fatally attacked by the family pit bull. Now, the parents could face criminal charges, reports NBC affiliate KXAN-TV in Austin.
Attack Came One Day Before New Dog Attack Law Hits Books
The attack came one day before a new state law takes effect in which dog owners whose pets attack and seriously injure someone could face up to 10 years in prison. In the case of fatal attacks, the law, known as “Lillian’s Law,” carries a sentence of up to 20 years. The new legislation evolved from the 2005 fatal mauling of 76-year-old Lillian Stiles by six pit bull-Rottweiler mixes in Central Texas. A pit bull was also responsible for killing a 10-year-old girl in San Antonio earlier this year.
The dog attacked while six-year-old Scott Warren was at home with his 13-year-old sibling when the dog attacked. Police would not say whether the parents will be charged. Animal control officers removed the dog from the home. Typically, dogs are euthanized after fatal attacks.
CBS11TV.com quoted Dallas Police Sgt. Gil Cerda as saying "When the mother came inside the house, she saw the dog attacking the 6-year-old and tried to restrain the dog. By that time, a lot of damage had been done." The boy died en route to Baylor University Medical Center in Dallas.
Neighbors Previously Had Seen Mother Beating Dog With A Shovel
The Warrens said their 1-year-old dog had no history of violent behavior. But the Dallas Morning News reported neighbor Rudy Lopez saw the mother beating one of their dogs with a shovel after it had gotten into a fight with another dog. Another neighbor, Anthony Mack, said he didn’t understand why a child would be left inside with one of the animals.
The pit bull’s lineage is traced to bulldogs and terriers from England, where they were used as guard dogs and trained to fight. According to the online encyclopedia, Wikipedia, the improper socialization and lack of training of a pit bull can result in a aggressive tendencies.
A Centers for Disease Control (CDC) study from 1979-98 revealed one third of all fatal dog attacks were committed by pit bulls.
http://www.kxan.com/Global/story.asp?S=7014327 - 16 - 20 -
Woman Seriously Injured in Pit Bull Attack
Aug 28, 2007- 17 - 20
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Proposed Bill Increases Penalty For Dog Bites
May 07, 2007- 18 - 20
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Landscape Worker Killed When Drill Bit Contacts Electrical Line in Round Rock Residence
Aug 01, 2007An employee of Ace Landscapes, Inc. was killed July 31 when he drilled into a garage wall and hit an electrical line. The accident occurred in the Teravista subdivision of Round Rock.
Electrocution Possible Cause of Death
Alberto Vargas, 29, of Round Rock was installing a timer for a sprinkler system when he was possibly electrocuted. Ace Landscapes is in Hutto and has a 3.5 star rating out of a possible 5.0, which is “average” on the CitySearch web site.
"We're uneasy about saying he died from electrocution," said Detective John Foster, spokesman for Williamson County. "But maybe he died from circumstances surrounding the electrical current."
Becky Lewis lives across the street and saw the aftermath. "I came out and saw sheets over the garage with the garage door open," she said. "A man's feet were protruding out from under the sheet.“
Another neighbor, Carina Rodriguez watched paramedics treat Vargas. "It's so sad," she said. "This gentleman is doing an honest day’s work and it's sad to know this is how it ended for him."
OSHA to Investigate Accident
Cause of death will be determined by autopsy. Vargas left behind a fiancée and a brother who rushed to the scene. An investigator from the Occupational Safety and Health Administration took photographs and gathered information. OSHA plans to contact Ace Landscapes, Inc.
http://www.kxan.com/Global/story.asp?S=6868429 - 19 - 20 -
Hydroxycut Class Action Suit
Jun 22, 2009Attorneys File Hydroxycut Class Action
Attorneys filed a class-action lawsuit last week on behalf of consumers who took the recalled weight-loss product Hydroxycut. According to the lawsuit, the maker of the supplement violated state deceptive practices laws by distributing a product it knew to be unsafe. Hydroxycut was recalled from the market earlier this year after it was linked to liver damage and other ailments. From wire service reports, Contra Costa Times 06/18/2009
Read Article: Contra Costa Times
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