Watch Your Hands Mister!
Lay Off the Sauce, PalMany folks, especially fans of comedy, are familiar with the a antics of Andy Dick. Whether it’s (allegedly, people – I ain’t trying to get sued, even if it has been written a thousand times before) getting drunk and groping Farrah Fawcett, or getting drunk and groping Jimmy Kimmel, there seems to be somewhat of a theme shared by
Mr. Dick’s – shall we say – extra-legal activities. With that in mind, there have been more shocking occurrences than his recent arrest. Early in morning on July 16, Andy Dick was arrested on suspicion of misdemeanor possession of marijuana, felony possession of narcotics, and sexual battery. He had been drinking with some friends at a Buffalo Wild Wings in Murietta, CA, when he was approached by a couple girls. Once they realized that he’d had a few too many wine coolers, they left his table. When Dick & Co. later left the bar, he spotted the girls and drunkenly yelled something to the effect of, “There’s the girls!” He then grabbed the right breast of the accusing witness, aged 17, and then pulled down her tank top and bra, exposing her breasts. Police arrived quickly, and Dick was identified by the accusing witness and another witness. During the search incident to arrest, police discovered both marijuana and a single Xanax pill in Dick’s pockets. He has no prescription for either drug.
Sex, Drugs, & Mediocre Entertainment
Mn the state of California, possession of most controlled substances, like Xanax, is charged as a felony. Cannabis possession is a misdemeanor. The prosecution will basically have to prove that Dick knew about and controlled the drugs in his possession. Assuming that Dick is unable to plead down these charges, it should not be difficult for the government to prove its case. Dick has previously been charged with drug (marijuana and cocaine) possession, but those charges were dropped because Dick entered a diversion program. Because of these and a previous citation for public urination, my guess is that these drug possession charges will stick (assuming, of course, the reports are true).
Dick is also charged with misdemeanor sexual battery. It seems reasonable that if having a pill in your pocket is a felony, violating a woman’s rights and dignity in public should also be a felony, but in this case it’s not. Pursuant to the CA Penal Code § 243.4, misdemeanor sexual battery is touching the intimate part of another person against that person’s will and for the purpose of sexual gratification, arousal, or abuse. Generally speaking, it becomes a felony if the victim is unlawfully restrained. The restraint does not have to be as extreme as, say, handcuffs; it could be an employer calling her employee into the break room and shutting the door. At this point, there is no indication that the young woman was unlawfully restrained.
Dick’s arraignment, initially set for August 12, has been postponed because no charges have been filed. The case is still being reviewed.
Drinking is NOT a Defense
Just a quick initial note: police are allowed to search people “incident to arrest.” While the rationale is officer safety, anything on the suspect’s person (and usually in any bags they are carrying or are within a complicated, ambiguous zone called the “grab area”) can be used as evidence of any crime, either committed by that suspect or by another person. That’s how felony drug possession was added to misdemeanor sexual battery. This happens all the time for all sorts of crimes for all sorts of people.
The pertinent CA Penal Code provision does not set up drinking as a defense. And drinking shouldn’t be. From the young woman’s perspective here, is it really any less degrading because Andy Dick was hammered? People like Andy Dick have to be held accountable for their behavior at all times, else it would be too easy to “justify” criminal activity by making alcohol the accomplice. Dick is obviously on notice that when he gets drunk, he engages in inappropriate and sometimes illegal activities. In my opinion, he should stop drinking, but we’ll see if that happens – he doesn’t return my calls anymore. He is in kind of a tough spot as an entertainer because he drunkenly does these wild things and people laugh – basically people encourage him. That’s still not anything close to a justification for what he did. Some innocent young woman didn’t need this horse’s ass humiliating her and ruining her night, and he had no right to do so. He has no right to treat any woman in such a manner.
Remember this: the drinking age is 21 in the United States. So first I am saying this: don’t drink, and it’s probably a bad idea to be around people who are drinking underage. However, I know what can happen in high school & college, so let me add this: if you’ve got a pal who’s been drinking and is getting too touchy-feely, you ought to tell him to knock it off. One basic right that everyone has is the right to bodily integrity, and the fact that someone said “hi” earlier in the night doesn’t mean they want to be groped and have their privates exposed. Don’t be A. Dick – keep your hands to yourself.
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