Bottled-water purchase leads to night in jail and felony charges for UVA student

posted at 8:01 pm on June 28, 2013 by Mary Katharine Ham

Thank God this story ended with everyone still alive:

When a half-dozen men and a woman in street clothes closed in on University of Virginia student Elizabeth Daly, 20, she and two roommates panicked.

That led to Daly spending a night and an afternoon in the Albemarle-Charlottesville Regional Jail. Her initial offense? Walking to her car with bottled water, cookie dough and ice cream just purchased from the Harris Teeter in the Barracks Road Shopping Center for a sorority benefit fundraiser.

A group of state Alcoholic Beverage Control agents clad in plainclothes approached her, suspecting the blue carton of LaCroix sparkling water to be a 12-pack of beer. Police say one of the agents jumped on the hood of her car. She says one drew a gun. Unsure of who they were, Daly tried to flee the darkened parking lot.

“They were showing unidentifiable badges after they approached us, but we became frightened, as they were not in anything close to a uniform,” she recalled Thursday in a written account of the April 11 incident.

“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 stated.

This, in pursuit of suspected underaged drinking. After the miscommunication, Daly “apologized profusely,” but was slapped with a couple felony charges, including “assault” because she allegedly “grazed” officers as she was trying to get the hell away from people she thought were trying to hurt her. The charges have been dropped, but she did spend a night in jail for her cookie dough purchase. It’s extremely dangerous for overzealous officers not to identify themselves properly, and as a young woman, she had every right to be afraid of a group of badly identified men coming after her. I don’t stop for cops on dark, country roads until I’ve reached a lit or populated area or open my windows for them until I see a uniform or badge (both of which have been known to be faked by Blue Light Bandits). I almost flipped out on a plainclothes officer in Virginia who burst out of his car and came at mine at a stoplight one night without identifying himself. He put both of us in a potentially very dangerous situation because he didn’t like that I had honked my horn once (not at him), which is not against Virginia law, in case you’re wondering. I escaped without an escalation, and publicized the incident on my morning radio show the next day, but there are plenty of vulnerable people without such luck or such outlets who are put in similar and much worse situations every day. And, as I’ve noted before, law enforcement officers are too rarely disciplined for such breaches.
Case in point.

But glad to see some wrongs righted, as in the case of the young man facing charges for wearing an NRA shirt:

Jared Marcum’s mother, Tanya Lardieri, was overcome with emotion after signing a dismissal order and cementing the fact that the criminal charges against her 14-year-old son, Jared Marcum, have been withdrawn.

“It should have come sooner but it’s done and we don’t have to have that concern anymore about him having a criminal record” Jared’s father Allen Lardieri tells WOWK. “I’m just glad that it’s over. His mother is glad it’s over.”

Jared’s attorney Ben White calls this a win for common sense. White says he’s heard too many stories of children being penalized for seemingly harmless behavior, just because each of these incidents included gun imagery of one sort or another.

On the other hand.

And, while we’re on the subject, Dana Loesch flags this scary story from our neighbor the North, in which local police forcefully entered flooded homes after they evacuated the city, and confiscated an unknown number of firearms. Great moments in sanctioned looting:

HIGH RIVER, Alta. — The RCMP revealed Thursday that officers had seized a “substantial” number of firearms from homes in the evacuated town of High River, about 37 kilometres south Calgary.

“We just want to make sure that all of those things are in a spot that we control, simply because of what they are,” said Sgt. Brian Topham. “People have a significant amount of money invested in firearms … so we put them in a place that we control and that they’re safe.”

That news didn’t sit well with a frustrated crowd who had planned to breach a police checkpoint as the evacuation order from the town of about 13,000, residents stretched into its eighth day.

“I find that absolutely incredible” that they have the right to go into a person’s home and take their “belongings,” said resident Brenda Lackey, after learning Mounties have been securing residents’ guns. “When people find out about this there’s going to be untold hell to pay.”…

“This is the reason the U.S. has the right to bear arms,” said Charles Timpano, pointing to the group of Mounties.

I have great respect for law enforcement officers who do their best to protect us in dangerous situations, but those who create dangerous situations too often are not subject to the same rules the rest of us are.

We’re in the best of hands.

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I have great respect for law enforcement officers who do their best to protect us in dangerous situations…

You know, MKH, you really don’t have to place this little tag like some sort of magic talisman on every single one of your anti- popo link bait civil libertardian troll posts.

Just sayin’.

Dukeboy01 on June 29, 2013 at 12:09 PM

An old farmer related this tale:

A DEA officer stopped at his farm, and approached the farmer, stating he was DEA, showed his badge, and said he was golnig to check out his farm for illegal drugs…

The farmer said, “Well, alright, I suppose, you can check the place, but you better not look in that fenced-in field over there. You really should not.”

DEA officer said, “See this badge, this effin’ badge means I can look wherever I want, go wherever I want and no idiot yokel farmer is going to tell me how to do my job, got it?”

Farmer said, “Well, alright then, suit yourself, but remember I told you so.”

“Back off, old man,” said the DEA guy, “I know exactly where to look now.”

The farmer went back to the barn and back to working on a tractor.

All of a sudden the farmer heard blood curdling screams, coming from the fenced off field. Cries of anguish, terror, like a man possessed by Lucifer himself. The farmer dropped his tools, and ran to the fenced-in field.

There he saw it. His prize 1200 pound bull was chasing the DEA man…and it was obvious the DEA guy was losing the race, as each step brought the bull closer and closer and the DEA guy was clearly running out of steam, and close to meeting his heavenly master…

Farmer climbs up on the fence and yells, at the top of his lungs, “Show him your effin’ badge, show him your effin’ badge!”

coldwarrior on June 29, 2013 at 12:39 PM

Jared Marcum’s parents are relieved that it is over? No harm, right? Wrong. I wonder how much it cost them to rent that lawyer? There is always harm when the state tramples on people; some of it just gets lost in the weeds.

Sorry, but I no longer unquestioningly trust cops, nor the people who allegedly control the cops. There has been a shift in attitudes and methods. It seems that every approach by Cops now involves Swat-like tactics, battering rams, and drawn fire arms–which are used with alarming frequency in areas of Southern California. There appears to be a us against the citizen mentality. (Like all good citizens, I hasten to add that my concerns do not apply to all of the brave and dedicated officers who protect us in difficult times; etc.)

The story from Charlottesville illustrates the problem perfectly. It sounds like the old joke: “how many cops does it take to …?”. I hope her old man has the resources to initiate legal action for excessive force, and false imprisonment.

Oldflyer on June 29, 2013 at 1:28 PM

Little doubt that most all police act in the finest traditions of our best TV hero police. It is the few wannabees stories that stick in our mines. “Wannabees” not just police that want to be action heros with a chip on their shoulder but the wannabees that are not really police. Quick story, I was driving truck from VA to Md about 3:00AM and saw a car intentionally cause a car of young drive to swerve out of control. He took off down the road about a mile, stopped, changed drivers and came back. I stopped my truck to give aid. The other car came back the drive flashed an ID that I could not see and never let me see it again. He stated that he was the police, would take charge and I could go. I said NO I will wait for the Maryland State Police. Made my written statement to the MSP Sergeant then left. A Month later I revived a Court notice to appear as a witness in the trial of the two people that caused the accident. I was one of nearly 120 witness. The MSP have been trying to get theses guys for some time.
Your best friend today is your smart phone. Record and if in doubt call for help.

jpcpt03 on June 29, 2013 at 2:04 PM

Sgt Preston, RCMP, cries; and his faithful dog Yukon is pissing on a striped leg somewhere.

You know why Canucks aren’t trusted with guns?
Look how they authorities keep shooting themselves in the foot!

Another Drew on June 29, 2013 at 2:22 PM

You know, MKH, you really don’t have to place this little tag like some sort of magic talisman on every single one of your anti- popo link bait civil libertardian troll posts.

Just sayin’.

Dukeboy01 on June 29, 2013 at 12:09 PM

The thread just wouldn’t have been complete until we heard from a representative of the “law n’ order” brigade, that group of compliant little sheep who think that the police would have been perfectly justified in emptying their guns into a car full of sorority girls because one of the cops mistook bottled water for a 12-pack of beer.

Gator Country on June 29, 2013 at 2:30 PM

There’s probably enough bad law enforcement out there that it could be a regular feature at HA.

22044 on June 29, 2013 at 3:38 PM

Leaping on the hood? Doesn’t sound like proper police procedure to me, more like Miami Vice. No wonder the girls were scared.
Kissmygrits on June 29, 2013 at 9:47 AM

There’s a reason for doing this. If you move your car while the cop is on your hood, he’ll “fall off” and, regardless of the speed or any other circumstance, you’re now subject to an attempted murder of a police officer charge.
Its something they do to ensure you go to jail for not obeying them.
BobMbx on June 29, 2013 at 10:01 AM

Plus the bennies the cop gets for “injuries”.

whatcat on June 29, 2013 at 4:30 PM

I have great respect for law enforcement officers who do their best to protect us in dangerous situations…

[sigh]

Police are not hired by you to protect you. They are hired by the city to protect the city. Most of the time, that protection overlaps and you become protected. But make no mistake, their job is not to protect you, but the city.

HOWEVER, local sheriffs are elected by the people, and serve at the whim of the people… not the city.

dominigan on June 29, 2013 at 8:13 PM

coldwarrior on June 29, 2013 at 12:39 PM

I’M STILL LAUGHING!!!

Thank you!

dominigan on June 29, 2013 at 8:15 PM

The women panicked, which is not the problem of law enforcement. Maybe they shouldn’t go out at night if they are so easily panicked.

Karmi on June 29, 2013 at 5:56 AM

Maybe the cops shouldn’t pretend to be gang rapists at night.

dominigan on June 29, 2013 at 8:27 PM

What’s absolutely SHAMEFUL is that not only is this type of behavior on the part of police being tolerated – it’s actually being PROMOTED by idiots who have allowed muslim cowards to implant a vision of the boogeyman trying to get them into their heads.

We need to reel in the overgrowth of government and absolutely DENY the Statists the chance to finish creating the police state they have encircling us.

Do you know why there is a United States Constitution? Do you know why the very specific inalienable Rights are enshrined within it?

For the EXACT reason that Statists are constantly trying to chip away at them!

KMC1 on June 29, 2013 at 8:31 PM

The problem with specialty agencies (DEA and BATFE are two other cases in point) is they are dangerous. The costumed apes go looking to justify their existence and they are not held to account by the law. Prosecutors and Judges have exactly the same problem.

The number of “law enforcement” agencies needs to be cut down to just a general police force, and they must be closely watched.

The Police are simply placing themselves in a position they, justifiably, have nightmares about. The good ones would normally deserve respect, but they are among wolves and the good ones too often act as enablers and will not stand for what is right when Police misbehave. The result is the Police, in general, can’t be trusted.

Quartermaster on June 29, 2013 at 11:09 PM

You know, MKH, you really don’t have to place this little tag like some sort of magic talisman on every single one of your anti- popo link bait civil libertardian troll posts.

Just sayin’.

Dukeboy01 on June 29, 2013 at 12:09 PM

You know, if you would prefer people to like and respect the “popo” then perhaps having them behave in a rational and civilized manner and not acting as power hungry lunatics with a chip on their shoulder might help more than denigrating any accurate commentary that makes them look bad… or at least allow them to be punished when they DO exceed their legal bounds…

Just sayin’.

gekkobear on June 30, 2013 at 3:05 AM

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