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03-28-06, 08:36 AM #1
"My four year old has better aim"
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Spotsylvania man convicted of felony assault on a police officer and indecent exposure.
A Spotsylvania man was ordered yesterday to serve a year in jail for urinating on a jail officer who was driving him to jail.
David Determan, 36, has been convicted in Stafford Circuit Court of felony assault on a police officer and indecent exposure in connection with the June 17 incident.
He got one year on the felony charge and a $200 fine on the misdemeanor. The sentence he got yesterday was the same one a jury recommended in December.
According to prosecutor Andrea McCauley, Officer Rashid Thornton was transporting Determan from a magistrate's office in Fredericksburg to the Rappahannock Regional Jail when the incident occurred.
Thornton said he had just crossed the Falmouth Bridge into Stafford when Determan, who was sitting behind him in the transport vehicle, soaked the back of his shirt.
McCauley said the urine also drenched the steering wheel, windshield and paperwork in the vehicle. It was not clear yesterday what Determan had been arrested for in the first place.
Determan claimed he did not intentionally urinate on Thornton and said he twice told the officer that he needed to use the bathroom.
At his trial, Determan testified that Thornton refused to let him use the bathroom at the magistrate's office. He said the officer then ignored him when he repeated his request in the van.
Determan, who was sitting in the middle of the van, said he tried to urinate toward the exit door to the right of the driver. Instead, it went to the left. Determan said his handcuffs made the process more difficult.
McCauley scoffed at Determan's explanation, saying "my 4-year-old has better aim than that."
Determan's criminal record includes convictions for two petty larcenies, a destruction of property and trespassing.
This was his first felony conviction. It would not have been a felony had Determan urinated on a regular citizen instead of a law-enforcement officer.
Determan had been in jail since his convictions in December, but is expected to be released soon. Judge H. Harrison Braxton granted him a $25,000 appeal bond after he expressed his intention to appeal his case to the state Court of Appeals.
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