Posted on 02/11/2004 7:47:20 PM PST by stainlessbanner
Frederick Davis, 54, is accused of theft, charged with using his sister's 1987 white Dodge van without her permission, being drunk and wrecking it Aug. 30 in Westwood.
But it was Davis' mouth that got him into trouble Tuesday -- and will cost him an extra year behind bars.
Davis, 54, was in the courtroom of Hamilton County Common Pleas Court Judge Robert Ruehlman when the judge declared Davis mentally competent to stand trial on the theft charge.
Ruehlman said he knew Davis was mean, not mentally incompetent, but wanted a mental health professional to confirm it.
"I felt maybe there was mental problem. There is no mental problem. You are just mean and nasty," Ruehlman told Davis.
An obstinate Davis said he didn't care because he wanted to fire his attorney, Wilkes Ellsworth, and represent himself.
As the judge persisted with his efforts to determine if Davis understood his rights and that he had just been declared competent, the defendant launched into a curse-filled tirade aimed at Ellsworth.
"Man, (expletive) that, man," Davis said. "(Ellsworth) ain't going to be nothing but direct(ing) traffic. (Expletive) him, man. I am getting a jury, anyway. All he can do is pass. (Expletive) him, man."
The judge wasn't pleased with the cursing or with Davis not answering questions put to him.
"So you are going to refuse to answer? Plus I find you in contempt of court," Ruehlman told him.
"(Expletive) you. Contempt that," Davis told the judge.
Ruehlman responded by sentencing Davis to six months in the Hamilton County Justice Center for contempt.
Davis was apparently unimpressed.
"You could give me 10 years, man. Do it. Do it. Do it, then. Quit bringing me over here," Davis said.
Ruehlman told Davis to answer his questions.
"(Expletive) you. Answer mine -- ," Davis responded. "Contempt. He is nuts. Contempt that."
Davis then turned his attention back to the 6-foot-3, 240-pound Ellsworth, his court-appointed lawyer.
"I will come see you. I will get me a piece. You will get assault and battery," Davis said.
Ruehlman thought Davis was addressing him, but Ellsworth said the threat was aimed at him.
"I will find him in contempt again, so that's one year," Ruehlman said, citing Davis again for contempt and sentencing him to a second six months behind bars.
Davis was unfazed.
"You give me two years," Davis dared.
"(I'm) trying to be nice," Ruehlman said.
"I'm trying to be nice, get the -- out of your courtroom," Davis responded.
"I will try to get you there. You have to serve a year now," Ruehlman said.
"Give it to me," Davis said.
When Davis returns to court Feb. 23, he will face an additional 18 months behind bars if he's convicted on the theft charge.
Dropping the F-bomb in Rolling Stone = Democrat nominee
http://www.rollingstone.com/features/nationalaffairs/featuregen.asp?pid=2454
Dropping the F-bomb in Rolling Stone = Democrat nominee
pithy!
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