Austin Criminal Attorneys

Texas Longhorn Football Player Brandon Collins Arrested in Pflugerville for 1st Degree Felony

2010-01-04T18:15:10Z

A wide receiver with the University of Texas football team has been charged with first-degree felony following a robbery in Pflugerville, an Austin suburb.Brandon Collins is alleged to have been involved in the aggravated assault and robbery of an individual in a McDonald's parking lot around 2:45 Saturday morning. The victim contacted police who soon stopped a vehicle matching the description used by the assailant.

Collins, 20, was driving the Chrysler Sebring at the time of the traffic stop. There were two passengers in the vehicle, Ashton Collins, 25, and Marcus Caruth, 19. The victim identified Caruth as the man who had robbed him. Police found a semi-automatic pistol in the car, as well as a small amount of marijuana and suspected hashish under the front seat. The three suspects were booked into Travis County Jail on charges of engaging in organized criminal activity and aggravated robbery.

Mack Brown, head coach for the Texas Longhorns, dismissed Collins from the team on Sunday. Collins caught 35 passes during the 2008 season but has not played this season after being declared academically ineligible in August. He has practiced with the football team all season but did not travel to Pasadena, California for the national championship game, where second ranked Texas faces the top ranked University of Alabama.

Collins is the third Texas Longhorn player to be arrested in the past two months. D.J. Monroe was suspended for three games after he was stopped for DWI in the Hays County, South of Austin. He was reinstated on the team after his DWI charge was dropped by a Hays County prosecutor. Marcus Davis was also arrested for DWI after being stopped south of Houston in late November. The freshman player has since decided to transfer to another school.

Travis County Jail seeing jump in crime by Veterans

2009-12-17T18:00:39Z

The Austin - Travis County Jail is experiencing a rise in the number of war veterans committing crimes. The recent study by the Veterans Intervention Project estimates there are around 150 veterans in the Travis County jail system at any given time. That accounts for 3.4 percent of the total number of Austin area jail bookings.

Most of the crimes committed by the veterans were misdemeanors (73%), and included criminal offenses like DWI, assault, theft, domestic violence, possession of an illegal substance and public intoxication. The felony cases included aggravated assault with a deadly weapon and murder.

The criminal acts were committed by a wide range of ages, covering veterans from the Viet Nam War through the recent Iraq and Afghanistan Wars. It is estimated that 25-30% of veterans returning from the Middle East wars suffer from mental illness, including post traumatic stress disorder. The Veterans Intervention Project, a collaboration aimed at increasing awareness of the issue of veterans in the criminal justice system, says that medical experts agree that no soldier returns from a war zone unchanged. This makes their transition to civilian life very difficult, and leads to increased instances of homelessness and crime.

A pilot program is aimed at diverting veterans from the criminal justice system, if they agree to counseling and mental health services. The efforts being implemented include veterans' workshops, a separate court and court dockets for veterans, and a special veteran assessment as a condition for personal bonds.

The Veterans Intervention Project is a collaboration of the Travis County Sheriff's Department, two Austin Constable Precincts, Travis County Adult Probation Department, Pretrial Services, and Health and Human Services and Veterans Services. Its focus is to increase awareness of the issue of veterans and crime.

Man suspected of burglary in Austin was caught while boarding Capital Metro bus

2009-12-11T00:57:58Z

A burglary suspect was apprehended as he was boarding a Capital Metro bus in Austin, Texas Monday night with a stolen shotgun. Erick James Robinson allegedly broke into an Austin apartment complex and fled with several items, including the shotgun in a soft case. He was pursued by the tenant and a security officer. Two Austin Police Department officers then spotted the suspect boarding a Capital Metro bus and arrested him.

The stolen items were recovered. Robinson was booked at the Travis County Jail on a felony count of burglary of a habitation. Because of a prior criminal conviction, he was also booked on a felony charge of being a felon with a firearm. Bail was set at $22,000.

Big 12 and SEC Championship Marred by Drunk Driving Arrests

2009-12-04T22:49:27Z

Two key football programs in the Big 12 and SEC are affected by suspension of players for drinking and driving.

This coming weekend marks the end of the 2009 college football season and the announcement of post-season Bowl assignments. Two key December games this year could determine the participants in the national championship at the Rose Bowl on January 7, 2010 and both involve teams that have had players suspended for incidents of drunk driving.

The University of Texas at Austin has recently seen two players charged with driving while intoxicated. Kick returner DJ Monroe was arrested for drunk driving in the Austin area on November 14th. While a freshman, Monroe has made a significant contribution to the Longhorn team, returning a record two kickoff returns for touchdowns. His teammate, and fellow freshman, Marcus Davis was arrested for DWI near Houston on November 28th. Davis was spotted driving his SUV with at least one tire blown out. He was charged with possession of Xanax and DWI. Both players were suspended by Coach Mack Brown for the Big 12 Championship game against the University of Nebraska. The outcome of the December 5th game will have implications on the national championship, as the Horns are ranked number 3 in the BCS poll.

The number 1 and 2 BCS teams are the University of Florida and the University of Alabama. They meet each other in the SEC Championship game on Saturday, and one will be knocked out of national title hunt. The Florida Gator team was rocked by the announcement of star defensive player Carlos Dunlap being charged with driving under the influence. Though a junior, Dunlap is expected to be selected in the first-round of the 2010 pro draft. His absence could be a distraction for the team. Dunlap was suspended indefinitely by Florida coach Urban Meyer after being found by police in Gainesville passed out behind the wheel of his car.

In addition for the need for these football players to take social responsibility for their actions and atone for their crimes, they need to reflect on how their selfish, individual decisions to drink and drive may influence the outcome of what is a team sport. They may impact which teams arrive in Southern California at the Rose Bowl to vie for the college football crown next month.

Texas Longhorn football player arrested for DWI and Possession

2009-12-04T17:57:18Z

Marcus Davis, a freshman player for the University of Texas Longhorns, has been suspended indefinitely from the team following an arrest for possession of a controlled substance and driving while intoxicated south of Houston. Davis was stopped by Pearland police around 6:45 am on November 28 after his blue SUV was spotted riding on the rim of a blown tire.

After a field investigation, Davis, 18, was arrested for DWI and drug possession. He was released after posting $1500 bond for the drunk driving charge and $2000 for the drug charge.

Davis, who is from League City near Pearland, is a defensive back on the UT football team. Coach Mack Brown suspended Davis from the team pending completion of the legal process. In the interim, Davis will not be allowed to participate in any team activity, including preparation for the Big 12 championship game and a bowl game.

'No refusal' weekend nets 46 Austin DWI arrests

2009-11-06T01:47:08Z

The Austin Police Department conducted its controversial 'no refusal' initiative Friday and Saturday night, targeting drinking and driving. When a motorist suspected of impairment refused to submit to a breath test, a warrant was sought for a forced blood sample. Over the Halloween weekend, 46 motorists were arrested for DWI in Austin.

The total number of arrests is down from last year's 54 charges of TX DWI. This was the second Halloween that the police department employed its 'no refusal' policy.

29 search warrants were issued during the two night initiative. 14 motorists voluntarily submitted to breath tests and two consented to blood draws before being charged with DWI in Texas. An additional blood sample was secured because the suspected drunk driver met one of the three criteria of a new law that allows a blood draw without a warrant; an accident with injury; having a child in the vehicle; or having two or more prior DWI convictions.

The police utilized a mobile lab to process motorists suspected of drunk driving in Austin. A detective wrote search warrants that were presented to a judge who was available through the night.

Texas police officer arrested for third time

2009-11-06T01:40:44Z

Jason Rozacky has resigned from the San Antonio police department after being arrested for a third time. In August, Rozacky was charged with burglary and intent to commit assault after breaking into his girlfriend's apartment and assaulting her. About a month later he was arrested for tampering with a witness. The third offense was for making repeated, unwanted phone calls to his ex-girlfriend.

Rozacky, 36, was a 14 year veteran with the San Antonio police. He remains in the Bexar County jail pending bail.

DWI Blood Draw Procedure Limited by Austin City Council Vote

2009-11-06T01:31:06Z

The issue of forced blood draws in cases of Austin DWI has been a hot topic for both criminal defense lawyers and the general public alike. While drunk driving in Texas is never condoned, there are issues of legal rights for all motorists and protection from unlawful search and seizure. Of special concern is the possible use of police officers in taking blood samples, an apparent split from Texas DWI law which specifically outlines who can perform a blood draw and under what conditions. That is why a recent proposal by the Austin police chief and a city council vote were of particular interest at the Dunham Law Firm.

About a year ago, the Austin Police Department implemented 'no-refusal' weekends aimed at reducing the number of motorists suspected of driving while intoxicated in Austin, Texas. The program calls for seeking a warrant for a blood sample whenever a motorist declines to submit to a breath test to check blood alcohol content. The costs associated with putting officers on the street and processing suspected impaired drivers, the need for the blood draw to be performed by a person with specific training, as well as the need for a judge to be available to sign warrants, has limited the effort to certain times of year - usually when there have statistically higher incidents of drunk driving in Austin.

Recently Police Chief Art Acevedo broached the subject of a year round blood draw initiative that included training of police officers to perform the taking of blood samples. Similar actions have been undertaken in other Texas cities. To implement the extra TX DWI effort in Austin, funding and approval was required from the Austin City Council. In a vote taken October 22, the city council members unanimously passed a resolution to restrict police officers from collecting blood from motorists suspected of DWI in Austin.

The council members said that their votes clearly reflected the will of the citizens of Austin. The resolution, however, did not completely ban forced blood draws, as proposed by several council members. This means that police can continue to take suspected drunk drivers to phlebotomists at the Travis County Central Booking facility or to local hospitals with trained staff to collect blood samples.

In response to the vote, the police department said that it had not trained any officers to perform blood draws, and has no current plans to train anyone.

Austin City Manager Marc Ott will now create guidelines for the collection of blood samples, including the circumstances under which blood draws can be taken. A cost analysis will also be compiled.

The bottom line is that the police department will continue with its 'no-refusal' initiative, though its implementation will be limited and officers will not be permitted to take blood samples.