FOR IMMEDIATE RELEASE

ERIN McCUTCHEN FOUND GUILTY OF RESISTING TRANSPORTATION, CRIMINAL MISCHIEF AND ATTEMPTED ESCAPE

San Antonio, Texas: May 8, 2009:

District Attorney Susan D. Reed announced today that Erin McCutchen, 20, was found guilty by a jury of the offenses of Resisting Transportation, Criminal Mischief and Attempted Escape. The trial was held in Misdemeanor Impact Court #1 before Judge Gladys Oakley.

The State presented evidence that EMS had been called to a club on September 5, 2007, because McCutchen had passed out. While McCutchen was being treated, officers with the San Antonio Police Department also arrived at the location. After she had been treated by EMS, the officers were going to release McCutchen to her mother’s care. She was subsequently arrested for Public Intoxication after she ran into the parking lot several times, endangering herself and others. On the ride to the Magistrate’s Office for booking, McCutchen broke the rear window of the moving police car and attempted to escape while travelling on Interstate 35. The arresting officer pulled to the side of the road to protect McCutchen, and subsequently had to use force to keep her in the car and out of the roadway.

During the course of the trial, evidence was presented that when McCutchen was taken to the hospital, her alcohol level was .12, or 1 ½ times the legal limit for driving a motor vehicle. Tests at the hospital also showed the presence of marijuana, cocaine and amphetamine in her body.

After conviction by the jury, Judge Oakley sentenced McCutchen to six months probation and court costs. Resisting Arrest is a Class A Misdemeanor; Criminal Mischief ($50-$500) and Attempted Escape are Class B Misdemeanors.

McCutchen has filed a lawsuit against the City of San Antonio regarding the actions of the police officers in this incident, and is seeking ten and a half million dollars.

For more information, please contact the Chief of the Criminal Trial Division, Jim Kopp at (210) 335-2694.