Sunday, February 5, 2012

You Be the Judge-State v. Lucca

I have a penchant for law. I love to study law and am always fighting for the underdog. I search the internet for unusal criminal cases and happened upon a news article about a thirty-seven year old mother from North Carolina who was Tased at a local McDonald's drive-though by the Cumberland County Sheriff's Office while her three year old daughter watched in horror. Ms. Lucca was charged with second-degree trespassing.

See complete news article here.

I will be the defense attorney and present the facts in the case and my client's defense.
You are the jury and must decide whether she is guilty of second-degree trespassing or if there are extenuating circumstances in this case.

Parties:

E. Lucca- suspect/victim
McDonald's Corp.-complainant
Cumberland County Sheriff's Office
Witnesses


Facts:

Employee told witness defendant  the woman frequently comes to the restaurant and cuts in line.
McDonald's employee's know defendant had a proclivity for this type of behavior, but they continued to serve her anyway several times before until according to witness employee told him,  "We're not having it anymore, so we called the cops."

McDonald's employee's exacerbated the already tense situation by refusing her service. The complainant knew the defendant had her child in the vehicle.

When the Cumberland County Sheriff's Office arrived an already tense situation escalated out of control.

A good hour had passed between the time of the initial incident until deputies subdued the defendant. All this took place in front of customers as well as the defendant's three year old child.


The defendant was charged with second-degree tresspassing which could have been avoided had:

The McDonald's employee took the woman's order as previous due to the fact McDonald's had prior knowledge of the defendant's proclivity and could have pursued legal action before hand.


The defendant did act with intent, but did she act with malice?
Did McDonald's act with malice which caused the defendant to be Tased? (remember they had knowledge of her behavior previous to this incident, but continued to serve her instead of taking appropriate action.)
Did the Cumberland County Sheriff's Office use excessive force in removing the woman from her vehical?

As the jury you must determine if the defendant is guilty if second-degree tresspassing.

















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