Meet 27 y/o Tristan Tucker of West Virginia. That’s him below…
Unlike Little Red Riding Hood, who went to Grandma’s house to visit, Tristan’s journey did not have a fairy tale ending, as, instead, he was arrested for burglarizing Grandmother’s house.
And why did Tristan burglarize Grandmother’s house?
According to his confession Tristan’s intent, when he broke and entered into Grandmother’s House was simply to charge his dead cell phone.
The larger problem surfaced after Tristan got enough juice into his cell to be able to power it up, surf some porn, get all hot and bothered and whack himself off…
And things reportedly (again per Tristan’s confession), er, got outta hand (sorry, couldn’t resist) after Tristan realized that Grandma has surveillance video, and that she’d be watching digital imagery of his, er, interpersonal moment.
So as to either (or both) spare Grandma the pain or spare himself the embarrassment Tristan quickly decided to destroy the footage, ultimately telling cops that he stole “the security cameras and the DVR box” and then stomped on the items before tossing them into a nearby river.
As it turned out, Tristan lied to the cops – not about breaking in, whacking-off or making away with the security system; rather he lied about the demise of the electronics… and we know this because cops found the DVR box hidden somewhere in an out building on his grandmother’s property. (The DVR in fact contained footage of showing Tristan illegally entering the residence not once but on multiple occasions, but it is unclear from the police report – which you can see below – whether or not the there was video showing Tristan pleasing himself.)
Memo to the Tristan’s Defense Lawyer: I am not so sure that there is a burglary here. I can’t speak to West Virginia law or procedure but in FL burglary is “the unlawful entry into the property of another with the intent to commit a crime while inside”, and the key – an absolute requirement – to a burglary charge is that you must have had the intent to commit a crime before or at the latest, when you entered. And what was Tristan’s criminal intent at the time that he entered? I suppose that the State could argue petit theft for stealing electricity… but if his intent was to charge his cell phone then that’s a stretch and in the end this may boil down to nothing more than a trespass (the destruction of property / grand theft of the DVR was an after-thought that did not form until after Tristan has already entered… I don’t know, I’m just thinking aloud).
When it comes to the subject of “Cops, Courts and Constitutions” you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests. While we can’t stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.
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