Monday, October 31, 2011

Posted By on Mon, Oct 31, 2011 at 12:00 PM

When you’re a small restaurant, the last thing you need is bad publicity. Usually this comes from things like a bad review in a local newspaper, or a failed inspection at the hands of the county health department. Such an incident occurs and you circle the wagons to try and deal with it.

But having one of your employees show off his junk to a little girl? At the counter? No amount of brainstorming can plan for that.

This is the situation at The Wing Factory, at 6330 E. Golf Links Road, where on Sunday employee Elias Guerrero was arrested on an indecent exposure charge after he apparently whipped it out in front of a 9-year-old girl.

According to the Tucson Police Department, the 24-year-old Guerrero was working behind the counter Sunday afternoon when the girl, who was at the restaurant with her family, went alone to the counter and asked for extra sauce for her food.

Instead, she got a show. Guerrero allegedly lifted up his shirt, exposing himself to the girl.

TPD says the girl quickly went back to her family, who immediately left the restaurant. They called police a short time later, reported what happened, and later that afternoon arrested Guerrero.

Not surprisingly, Guerrero is a registered sex offender — in California, though — with a history of numerous exposures, TPD said.

So … who wants wings?

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Tuesday, October 4, 2011

Posted By on Tue, Oct 4, 2011 at 7:00 PM

I’m all in favor of the Tucson Police Department taking to the social media world to keep the public informed. In fact, I love TPD’s YouTube channel and its lineup of videos of people running red lights and causing crashes.

TPD’s Facebook and Twitter feeds were alive with photos Thursday from the sinkhole that formed at Oracle Road and Auto Mall Drive, including one pic that I don’t think the people behind the Tucson Auto Mall will be likely to use in future promotional materials.

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Monday, October 3, 2011

Posted By on Mon, Oct 3, 2011 at 9:00 AM

Have you ever found yourself downtown on the weekend, seen people on their bikes, and wondered, can you get cited for biking under the influence?

Well the City of Tucson has spoken, and NO, they say, you can't get a DUI on a bike, or a BUI, if you will.

"We do not have, and there is not in existence, any state law that would allow for the arrest of a bicyclist for a DUI offense," said Tucson Police Department PIO Maria Hawke. "Drunk or sober, if we pull over a bicyclist for some reason we would look at any traffic violations." That is, Hawke said, excepting Minor in Possession charges, which would be independent of the bicycle anyway.

This all goes back to the bike's strange legal definition, of having all the responsibilities, but not the label of being a vehicle, said Eric Ryberg, local bike lawyer and blogger. "If you parse it out exactly, it's unlawful for a person to drive or be in actual physical control of a vehicle [while intoxicated]," Ryberg said. "Bicycles are explicitly not vehicles under our code."

And though there was some initial squabbling at the city attorney's office as to whether the BUI was real, Baird Greene, deputy city attorney of Tucson, has put that to rest as well.

"Vehicles exclude devices moved by human power," Greene said. "In order for someone to commit a DUI, they have to be driving a vehicle."

So for the time, Tucsonans are free to drink to their merriment and get behind two wheels without fear of getting a DUI—but they're still susceptible to every other citation: speeding, missing stop signs, impeding the flow of traffic, or any other civil or moving violations that apply. Those are laws bikes must follow anyway.

Not to mention you could hurt yourself, Ryberg said.

"It' s pretty dumb to ride a bicycle while you're drunk," Ryberg said, mentioning some of the gruesome accidents he's heard of, including losing teeth. "It seems like a great idea in that it prevents you from driving your car home, but it's not necessarily a good idea if it causes you to ride your bike home [drunk]."

Bike at your own risk!

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Thursday, September 29, 2011

Posted By on Thu, Sep 29, 2011 at 10:30 AM

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We now have a name attached to the “suspicious” box truck parked downtown that had Tucson police all aflutter on Wednesday. We also have an arrest of said vehicle owner.

Sahuarita resident David J. Mitchell, 50, has been booked on a misdemeanor charge related to his violating a court order that said he couldn’t be around weapons and ammunition. That’s just what authorities found in his truck after hours of evacuations, street closures, bomb-sniffing dogs and bomb robots.

Mitchell’s truck had been parked outside the U.S. Bankruptcy Court downtown, and sparked suspicion. No information has been given to explain why Mitchell had all of those guns and bullets with him, or why he was downtown.

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Posted By on Thu, Sep 29, 2011 at 9:15 AM

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The land of child pornography possession is no longer an exclusive boys’ club, at least as far as the Tucson Police Department is concerned.

TPD announced Thursday the arrest of Carolina Portugal, whom it believes is the first woman the department has ever investigated for possession of child pornography.

Portugal, 27, had been under investigation by TPD since 2007, at which time police found images depicting sexual abuse of a minor in her Tucson home, according to a TPD news release. She was indicted that year, and had arranged through an attorney to surrender to authorities, but instead fled to Mexico.

That ended Monday when, after negotiating with Portugal’s attorney, U.S. Marshals were able to take her into custody at the U.S.-Mexico border.

Portugal, who was booked on five counts of sexual exploitation of a minor, is now the in the Pima County Jail.

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