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Trigger-Happy ABC Officers Terrorize College Student for Buying Water

June 30, 2013 by Kevin Mahoney

MA criminal defense attorney Kevin J. Mahoney on the overreaction of several ABC officers.

As University of Virginia student, Elizabeth Daly, left a shopping center carrying a box of sparkling water, cookie dough, and ice cream to her SUV, seven agents of Alcohol Beverage Control sprung into action. Mistaking a blue carton of LaCroix sparkling water for a 12-pack of beer, they surrounded the vehicle, with one agent leaping onto the hood of the SUV, while another drew his firearm.

In an account provided to the court, Daly wrote, “They were showing unidentifiable badges after they approached us, but we became frightened, as they were not in anything close to a uniform.” Unable to open her window without starting the vehicle, she stated, the agents “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.”

Urged by her roommate to flee, Daly drove away, accidentally “grazing” two agents.

The traumatized students called 911 as they fled the hyper-aggressive agents. The girls were pulled over as they departed the darkened parking lot by yet another agent.

Though she apologized when she was informed that those accosting her and her friends were ABC agents, the agents didn’t apologize to Daly in return, even after realizing they she had purchased only water. Instead, they arrested her, charging her with two counts of assaulting a law enforcement officer and one count of eluding police. Rather than allow the frightened co-ed to return to her sorority, agents jailed her for the night.

Though Charlottesville Commonwealth’s Attorney Dave Chapman declined to prosecute the college student, he offered no criticism of the agents’ decision to arrest the girl. The ABC agents have offered no explanation for why they were prowling a supermarket parking lot, assumed Daly was underage, or approached the college students as if they had committed a violent felony. There is little reason to believe, therefore, that these agents have been fired, suspended or even reprimanded. Arrogant, trigger-happy law enforcement officers with no sense of proportion or restraint, who view any possible infraction of their precious laws as an opportunity to harass and abuse those they are sworn to serve, have no business being law enforcement officers.

We don’t need, after all, Elliot Ness-wannabes mistaking a sorority girl for Al Capone.

Kevin J. Mahoney is a MA criminal defense attorney.

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Kevin Mahoney
Kevin Mahoney
Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.
Kevin Mahoney
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About Kevin Mahoney

Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.

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  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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