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Man escapes police station after DUI arrest
BAKERSFIELD POLICE DEPARTMENT PRESS RELEASE Friday October 30, 2009 On 10/29/09 at about 1800 hrs Joseph Leary, Adult male of Bakersfield, was arrested for DUI and related traffic violations in the 2600 block of Century St. He was transported to the Bakersfield Police Department for further investigation. While at the Police Department, Leary was able to exit the police building undetected by officers. He was later located and arrested by Bakersfield Police Officers. He was booked into the Kern County Jail for DUI related charges. A charge of Delaying Arrest was added upon booking.
23 comments from 11 users
1
posted by
midterm2
on Oct 30, 2009 at 06:08 PM
Just how does Mr. Leary, a man UNDER ARREST, manage to leave the police building undetected? Good work, BPD! posted by
animalluvr
on Oct 30, 2009 at 07:35 PM
posted by
CheckMate
on Oct 30, 2009 at 08:27 PM
midterm, the police building is just that, a building. It's not a jail with holding cells. An access card is needed to get INTO the building, but all the doors open OUTWARD without any special access needed. Obviously the arrestee was left unattended, (a dumb mistake), and he ran out of the room and out a door without being detected. And if he was arrested at 6pm, you can assume he was in the building after 7pm, when everyone is gone from that area. posted by
SecretSquirrle22
on Oct 31, 2009 at 03:05 AM
Naow just aint that special. How do you get out of BPD while you are intoxicated enough to get arrested? Makes you wonder about what is going on in thew PD. Was it a Haloween Party or something? posted by
midterm2
on Oct 31, 2009 at 08:49 AM
CheckMate: Doors, be they inward or outward opening, in the custody area of the police station, MUST be guarded. Someone failed to do his/her job. And you can bet that, if the handcuffed escapee Leary had stumbled onto Truxtun and was struck and killed by a speeding truck, Leary's grieving relatives would have been at the front door of the office of a personal injury attorney, waiting for the office to open at 8 A.M. the next morning! How many tens of thousands of other people who have been arrested and placed in the building with "doors that open outward" since the police building was built, have not been able to exit the building undetected? INEXCUSABLE!!!!!! posted by
BakoBeachBumm
on Oct 31, 2009 at 10:20 AM
Sorry to see that this young man still seems to have a problem with alcohol. I remember it was around 5 years ago he was in an altercation at a bar downtown then claimed that he was beaten by the BPD. I believe this is the same man. posted by
midterm2
on Oct 31, 2009 at 11:52 AM
Makes sense now, Bumm. Leary wanted to get out of that den of hostility as soon as possible, before the cops that beat him up last time found out he was back at the BPD building and returned to beat him up again. Your public defender can argue the escape was a necessary act of anticipatory self defense, Leary. LOL posted by
cyankee
on Oct 31, 2009 at 05:28 PM
Midterm2, You are a fool. I bet you could do a better job, or better yet you know everything there is to know about everything, especially sitting right there in front of your computer. I bet you work in an office, a job you probably hate, and couldn't pass the test when you tried to become a police officer or fireman, and now all you have to do is gripe on how screwed up LE is. Mistakes happen in every job!!! You werent there and have no clue what happened, but you just assume that the dirty cops are gonne beat some one up....GET A LIFE! posted by
CheckMate
on Oct 31, 2009 at 09:42 PM
midterm, if Leary ran out of the police building after be was arrested, and he ran into traffic on Truxtun and got killed, I am sure his family would give a flippin' **** about him, as long as the city wrote them a nice check. And squirrely, being DUI, and being 'drunk', are two completely different things. Don't be an idiot! posted by
JDubois
on Oct 31, 2009 at 10:07 PM
I think Midterm was being facetious about the anticipatory act of self-defense...but I wouldn't put it past most of the defense attorneys in this town to offer that kind of excuse! This is the kind of story where you see the departure from being a supporter of law enforcement to blind loyalty and silly a** excuses in the face of a real screw up. Checkmate, the doors don't have anything to do with it. If there's no cells and no locks on the way out, SOMEBODY SHOULD HAVE BEEN WAT CHING HIM.
posted by
Unreal
on Nov 1, 2009 at 02:04 AM
Somebody's gonna get in trouble for this and rightfully so. Isn't it a felony to escape from custody? So, a misdemeanor DUI turns into a felony? Is that really worth it...especially when the cops already know who you are? posted by
jfrancais
on Nov 1, 2009 at 05:57 AM
Isn't it a felony to escape from custody? Good question. Any CA Penal Code subject matter experts out there? posted by
midterm2
on Nov 1, 2009 at 09:14 AM
THANK YOU, JDubois! At least someone here understands my brand of humor. And, Jfrancis, it is a felony to "escape". Penal Code section 4532 covers escape. Escape has two elements. The person must have been (1) arrested AND (2) BOOKED FOR the crime in question. It appears that, while Leary had been arrested, he had not yet been booked. (Being booked is the process of taking a picture, fingerprints, and personal information from the arrested subject). Since Leary had not been booked, he did not "escape" according to the law as written in P.C. 4532. That is why, I surmise, the BPD only charged him with "delaying" (resisting, interfering) an arrest per Penal Code section 148, a misdemeanor because the act of exiting the building was done without force or violence. At times I may be foolish, but I am neither a fool nor an idiot! posted by
jfrancais
on Nov 1, 2009 at 04:16 PM
posted by
krkayaker
on Nov 1, 2009 at 10:39 PM
you can argue how worthless or how good the police are, but really it depends on what side you are on. if you are in le then you stick up for your brothers in blue, or you could be the public waiting for 12 hours to have le come to your house. i have said many times le has a hard job, but everytime i have needed them they have taken 3 years to get to me. i had a guy kicking my back door. i called BPD when the unknown guy was in my backard, the dispatcher said she would send someone as soon as possiable. i called back when he was on my back porch kicking my door, she said she would get an officer on the way. i armed myself with my trusty 45 and it still took the officer 30 minutes to get to my house, my guess is she sent him from lake isabella, but thats just a guess. i know some smart guy defending the brotherhood is going to tell me that bpd does not patrol Lake Isabella, i know that, it just sounds good for the time frame. so in my opinion BPD is worthless. this leary guy getting away from this is just more proof, mistake on the job or not. posted by
fieldbakers
on Nov 11, 2009 at 01:52 AM
Hey anyone remember the Bakersfield PD TV show ??????? Way to go BPD living up to your reputation. Bakersfield's Finest ohhh.... what a fine reflection on our community
posted by
fieldbakers
on Nov 11, 2009 at 01:58 AM
Since they endangered this guy by loosing him shouldnt they just drop the charges and apologize ?????? He was under their protection while in custody for being inebriated and unable to protect himself ??????? It does not seem right to charge him for their incompetent mistake!! posted by
jfrancais
on Nov 11, 2009 at 05:52 AM
posted by
animalluvr
on Nov 11, 2009 at 05:59 AM
posted by
jfrancais
on Nov 11, 2009 at 06:03 AM
posted by
animalluvr
on Nov 11, 2009 at 06:13 AM
posted by
jfrancais
on Nov 11, 2009 at 06:20 AM
posted by
jfrancais
on Nov 11, 2009 at 06:21 AM
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