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Merrill woman charged after 'sighting in' handgun inside residence

Fallschirjmäger

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I'll wager I know what the charges were, and they aren't related to any 'sighting in' clickbait by the news media.

Drucker then reportedly admitted to firing four shots from her handgun inside the residence and stated she was ‘sighting in’ the gun. Officers reportedly found four bullet holes that exited the exterior wall of the residence and appeared to have traveled west into a residential area.
 

Fallschirjmäger

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From a 14 Jan update:
[Dena] Drucker reportedly submitted to a Preliminary Breath Test which resulted in a Breath Alcohol reading of .186.
Drucker appeared in Lincoln County Circuit Court on January 11 and was later released on $2,500 signature bond with provisions of not consuming intoxicants and may not possess firearms.

Charges are:
941.30(2) - Felony-2nd Degree Recklessly Endangering Safety and misdemeanor charges of
941.20 subsections (a) Endangering Safety by use of a Dangerous Weapon and (b) Operating a Firearm while Intoxicated.
 
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Fallschirjmäger

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Just curious, but just what do you think even the best criminal defense attorney in the entire United States could have done to mitigate those charges, even if he had been present when the police arrived?
 

countryclubjoe

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Just curious, but just what do you think even the best criminal defense attorney in the entire United States could have done to mitigate those charges, even if he had been present when the police arrived?

How about not submitting to a breath test for starters, and staying in her home and not allowing local leo to enter her home without a warrant..

By not exercising her rights, she in theory made the governments case against her much more easier to prosecute.

My .02
 

Fallschirjmäger

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Magistrate Judges are commonly on 24-hour staffing in many counties, and big cities, or at least on stand-by. All an officer need do is make a quick telephone call, swear to the facts of the case and a warrant is signed. It need not be transmitted by bicycle messenger to be in LE hands for them to force entry if required. Officers had RAS of a crime (bullet holes) and Probable Cause of a felony (use of a dangerous weapon) dead-bolting the door would only have resulted in the destruction of the door's frame that she would be responsible for repairing (.... after she had been bailed out of jail and had her house left open to anyone who happened by as it's not like the officers are going to station a car outside to watch it.)


As for the voluntary blood-alcohol test, the officers had all the evidence they needed for a warrant requiring a non-consensual blood draw. So she saved herself a pin *****, nothing more. DUI for private vehicles is .08 but with pleasure boats or commercial vehicles it is .04... any guesses which is enough to be 'under the influence' when operating a deadly weapon?

Regarding the "Second-degree recklessly endangering safety - "Whoever recklessly endangers another's safety is guilty of a Class G felony" charge? Not even Johnny Cochran or Perry Mason is going to be much use there.
 
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countryclubjoe

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Post numbers 8 and 9 are both correct, however my theory is simply that requesting counsel makes the governments job tougher not easier..

Again, I quote, " she was either to drunk or to stupid or both to plead the fifth and request counsel".. That is all Im saying...

My .02
 

Fallschirjmäger

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*too*
Grade school grammar... sheesh.

Officer Friendly is going to get his salary either way, and the county solicitor's job isn't made either harder or easier just because there is a lawyer present. He's not going to obstruct a law enforcement officer lest he risk arrest himself.

The only thing having a lawyer there accomplishes is funding his next vacation or putting his children through school with his client's money. And judging by the houses where she lives... that isn't much.
 
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Firearms Iinstuctor

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Drunks dopers and the mentally ill do not always make the smartest choices and decisions.

Shooting while drunk inside ones house seems to be not the smartest decision the rest of them just compounded the first one.
 
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