Here's the setting: A gentleman is enjoying a few drinks with friends along the River Walk. Perhaps you have not seen each other in a while and you were reminiscing over some wild times in high school. They get so caught up in the conversation that you lose track of time and, next thing you know, the bartender is announcing last call. Not ready to end the night of revelry, they quickly discuss what could be done to prolong the evening. One guy in the group suggests robbing a liquor store and then attempting an escape in his American automobile that is not exactly known for quick acceleration and dizzying speeds. If you can relate to this scenario, consider yourself warned by the story of Marlena Vaughn Guerra and her two cohorts. Maybe, when the bars close, you will decide just to go home instead.
Ms. Guerra of San Antonio chauffered two young men to a South Side liquor store around 3:30am on Saturday morning. Although a late-night beer run may seem innocent enough, the events become problematic when the two men craving fermented barley and hops decided to run out of the store without paying. A police officer who happened to be in the parking lot was alerted to the robbery in progress. The Ford Escort being used as the getaway car accelerated towards the officer, who was forced to shoot. No one was hurt in the incident, but all three beer bandits were apprehended.
Guerra has been charged with deadly conduct. Ricky Dean Kellum Jr. and Christian Gabriel Rocha were charged with theft under $50. Now the offenders must ask themselves this crucial question. Was the potential for a few free six-packs worth aiming a heavy machine at a member of law enforcement and then punching the accelerator? Of course, Ms. Guerra, Mr. Kellum and Mr. Rocha are all presumed innocent until proven guilty.
At Bertolino LLP, we encourage you to purchase all of your alcoholic beverages (we actually encourage abstinence). However, if you have been charged with stealing beer or any other crime, we have defense attorneys in Austin, Houston and San Antonio who can help. Please contact our offices today to discuss your case.
Monday, October 27, 2008
Posted by Tony R. Bertolino, Esq. at 1:27 PM