ALCOHOL, EX-BOYFRIENDS,

AND POCKET KNIVES DON’T

MIX

KRISTEN SWAN, MILAN COWAN, JAIME CARROLL

3RD PERIOD-WILSON

DRINKING AND VIOLENCE

SUSPECTS AND VICTIMS

DEANNA WELLS

KIRK BENTON

ALEX JACOBS

LOU DEMPSEY

FACTS OF THE CASE

Deanna Wells is Kirk’s ex-girlfriend. When Alex Jacobs wins her over, Kirk bullies him severely. Deanna and Alex decide to go to a movie one night. Alex decides to stop by a party to show off Deanna. While there, Kirk and Alex get into an argument after both have had a few beers. Suddenly, Alex Jacobs stabs Kirk Benton puncturing his lung.

FOLLOW UP OF ACCIDENT

Alex Jacobs was taken in for questioning following the accident. He did not know why he had stabbed Kirk. Eric Howe came forward from the party to say that Lou Dempsey, owner of Lou’s Handy Mart, had supplied him with the alcohol. Kirk missed many days of school causing his grades to drop. His parents want something done about the selling of alcohol to teens.

COMING TO TRIAL

Kirk Benton and Alex Jacobs parents came together to sue Lou Dempsey for supplying the teenagers alcohol. After the death of a close friend, they know something needs to be done.

AFFIDAVITS

Paramedics arrived to a bloody scene to find Kirk Benton stabbed. Many members of the party had fled the scene. The few remaining, including Deanna Wells, stated that Alex Jacobs had stabbed him. When police arrived, they took Alex into custody. Alex was very upset but cooperative with the police. The paramedics provided most facts at the scene because they were a reliable and bias source.

DEPOSITIONS

During the interview with Alex Jacobs, he stated that him and Kirk had been in an argument. Many of Alex’s family member and friends stated that this behavior was not normal for Alex. We learned that Alex’s behavior was out of the normal this night. Also learning that they had both had beers this night, they knew that alcohol has to be a factor in the stabbing. Lou Dempsey was confronted about the selling of alcohol, and he claimed that it was none of his business what the teens did with the alcohol.

RELATED LAWS AND CASES

-U.S.A. Statue subdivisions 1, 2, and 3 which states no one the age of 21 can consume alcohol.

-Civil Damages Act 1994 stating that if any damage or injury is suffered, the injured can sue the person who caused the intoxication based on illegal sale or provision of alcohol.

-Splett v. Wheeler (1994) which states that alcohol seller is not responsible for an injury merely because one person was sold alcohol and happened to cause injury to another person.

-Hacker v. Anytown American Legion No. 600 and Martinez v. Amith state that the seller of alcohol can be held accountable for damages if the alcohol is a contributing factor for the harm.

OUTCOME

We all believe that Lou Dempsey should be charged with supplying the alcohol to the teens, but not charged with the incident. Alex Jacobs should be charged for consuming alcohol under the age of 21 and for the stabbing of Kirk. He should have to do many hours of community service but not go to jail. Kirk Benton should be charged with consuming alcohol under the age 21 and also participate in community service.

VIDEO

If you would like more information about drinking and driving, check this video out!

http://youtu.be/yCju3x6RPCE

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