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Girl buys water, spends night in jail

virginia alcohol beverage control undercover agents gun pulled break the windows

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#1 Hum

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Posted 30 June 2013 - 21:20

Felony charges were dropped on Thursday against a 20-year-old University of Virginia student who says she panicked when undercover agents from the state's Alcohol Beverage Control division mistook her water purchase for beer. :|

According to Charlottesville (Va.) Daily Progress, the student, Elizabeth Daly, was walking to her car on April 11 at approximately 10:15 p.m. with a box of sparkling water, cookie dough and ice cream she had just bought from a local supermarket when the agents—six men and one woman, all in plainclothes—approached suspecting the box, a blue carton of LaCroix sparkling water, to be a 12-pack of beer. One jumped on the hood of her SUV; another pulled out a gun, Daly said, as her roommates seated inside looked on in horror.

"They were showing unidentifiable badges after they approached us, but we became frightened, as they were not in anything close to a uniform," Daly wrote in an account submitted to the court. "I couldn't put my windows down unless I started my car, and when I started my car they began yelling to not move the car, not to start the car. They began trying to break the windows. My roommates and I were ... terrified."

Daly's roommate in the front passenger seat told her to "go, go, go"—and that's what she did, apparently "grazing" two of the agents in the process.

The students called 911 as they left the parking lot, police said, and were pulled over by another agent driving a vehicle with lights and sirens, Charlottesville Commonwealth Attorney Dave Chapman told the paper.

Daly apologized when she realized who they were, Chapman said, but agents arrested Daly and charged her with two counts of assaulting a law enforcement officer and one count of eluding police—each carrying a maximum penalty of five years in prison and $2,500 in fines. She spent the night in Albemarle-Charlottesville Regional Jail.

"This has been an extremely trying experience," Daly wrote. "It is something to this day I cannot understand or believe has come to this point."

Either can Chapman.

"It wouldn't be the right thing to do to prosecute this," he said.

Nonetheless, Chapman "stood by the agents' decision to file charges, citing faith in a process that yielded an appropriate resolution."

"You don't know all the facts until you complete the investigation," he said.

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#2 Som

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Posted 30 June 2013 - 21:24

how'd they know she wasn't 21 or over? seems a bit over the top to have 6 undercover cops to stop underage drinking?



#3 morphen

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Posted 30 June 2013 - 21:31

how'd they know she wasn't 21 or over? seems a bit over the top to have 6 undercover cops to stop underage drinking?

 

that,and was it really necessary to jump on the hood of her car, and even more so, pull a gun on her?

Even if she had bought beer, all they should have done is walk over the car, show their ID, ask her to show her ID and what she bought :-p

 

 

 



#4 OP Hum

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Posted 30 June 2013 - 21:33

I think it's time to get some new agents.



#5 DocM

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Posted 30 June 2013 - 21:39

how'd they know she wasn't 21 or over? seems a bit over the top to have 6 undercover cops to stop underage drinking?

They probably ran her vehicle tags and got her age from that.

As to the underage drinking enforcement; in most states (including Michigan & other large college states) this is looked on very seriously as a huge percentage of major accidents involve drunk or buzzed teens. As such in this area there is a multi-jurisdictional task force that works with the State Liquor Control Commission to root out the sellers and interdict their underste customers.

Some State LCC's have their own enforcement officers as well, and sometimes they even recruit undersge "deputies" to entrap sellers who violate the law.

All that said, these officers acted like asshats and deserve to be sued.

#6 LaP

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Posted 30 June 2013 - 22:01

how'd they know she wasn't 21 or over? seems a bit over the top to have 6 undercover cops to stop underage drinking?

 

Underage drinking of ... water ...



#7 theyarecomingforyou

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Posted 30 June 2013 - 22:08

"They were showing unidentifiable badges after they approached us, but we became frightened, as they were not in anything close to a uniform," Daly wrote in an account submitted to the court. "I couldn't put my windows down unless I started my car, and when I started my car they began yelling to not move the car, not to start the car. They began trying to break the windows. My roommates and I were ... terrified."

Daly's roommate in the front passenger seat told her to "go, go, go"—and that's what she did, apparently "grazing" two of the agents in the process.

The students called 911 as they left the parking lot, police said, and were pulled over by another agent driving a vehicle with lights and sirens, Charlottesville Commonwealth Attorney Dave Chapman told the paper.

Daly apologized when she realized who they were, Chapman said, but agents arrested Daly and charged her with two counts of assaulting a law enforcement officer and one count of eluding police—each carrying a maximum penalty of five years in prison and $2,500 in fines. She spent the night in Albemarle-Charlottesville Regional Jail.

Ridiculous. :no:



#8 OP Hum

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Posted 30 June 2013 - 22:25

Underage drinking of ... water ...

The fancy way plain old water is packaged these days, it is not too surprising.

 

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#9 trag3dy

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Posted 30 June 2013 - 22:40

Clearly this girl was innocent until proven guilty and the tactics those agents used were completely justified.

 

Just asking the girl what she bought wouldn't have cut it in this situation. Clearly.



#10 LaP

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Posted 30 June 2013 - 22:52

Clearly this girl was innocent until proven guilty and the tactics those agents used were completely justified.

 

Just asking the girl what she bought wouldn't have cut it in this situation. Clearly.

 

Specially since there as been case in north america of people committing a crime while pretending to be police officers using a fake badge. I can understand why 2 girls alone panicked when undercover agents pulled their gun out to make an arrest with the only thing to indentifiy them was their badge. After all the girls at this point had done nothing wrong. That might be a good idea dunno to have someone or two with an official jacket to act when it's the time to make an arrest.



#11 McKay

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Posted 30 June 2013 - 22:53

Jumping on her Car, Guns drawn? For potentially underage drinking? Seriously?



#12 Solid Knight

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Posted 30 June 2013 - 22:58

Yeah, I would have hit them with my car too. Their reaction was way too aggressive for the nature of the crime.



#13 trag3dy

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Posted 30 June 2013 - 23:00

Yeah, I would have hit them with my car too. Their reaction was way too aggressive for the nature of the crime.

 

Nature of the theoretical crime. Since no crime was actually committed. Also had those officers not decided to abuse their powers the "assault" wouldn't have taken place as well.



#14 OP Hum

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Posted 01 July 2013 - 17:10

^ I would argue that the agents did commit a crime. ;)



#15 -T-

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Posted 01 July 2013 - 19:23

6 officers even if she was underage drinking is just insane, pulling a gun is even worse. 21 is a stupid drinking age limit anyway