Note: i don't intend to give any legal advice, but i would not try this absolute defense argument (no intent because i was effectively unconscious) unless you were a diagnosed diabetic and "natural" like this guy.
http://www.sfgate.com/cgi-bin/articl...AGV1Q40E55.DTL
Mr. Universe beats rap
Bodybuilder was suffering from insulin shock during cop brawl
John Coté, Chronicle Staff Writer
Wednesday, May 30, 2007
(05-30) 12:33 PDT REDWOOD CITY -- San Mateo County prosecutors dropped misdemeanor charges of resisting arrest and assault on a police officer today against a reigning Mr. Universe who scuffled with police outside a Redwood City movie theater while the diabetic bodybuilder was slipping into insulin shock.
Doug Burns has a viable "unconsciousness defense" for the April 1 incident and there is not enough evidence to bring him to trial, prosecutors said.
The decision ends a case that drew sharp criticism from diabetics and those who treat them, many of whom complained that authorities often mistake the onset of insulin shock for intoxication.
"I feel vindicated," Burns, 43, said as he left San Mateo County Superior Court. "Vindicated and thankful. ... My hope is that we can work together and make it a positive step for other kids and other adults."
Burns said he hoped to work with law enforcement officials to raise awareness about diabetes.
Prosecutors dropped the case after Burns' lawyers provided medical information about his condition and an endocrinologist retained by the prosecution reviewed that information and the police reports, Assistant District Attorney Morley Pitt said.
Burns was diagnosed with type 1 diabetes at age 7. Those afflicted with the condition can suffer from blurry or double vision, nervousness, irritability or even aggression when their blood sugar levels drop, according to the U.S. National Library of Medicine and the National Institutes of Health.
Diabetic shock can lead to a coma and even death if the patient does not receive sugar. The symptoms of low blood sugar levels, or hypoglycemia, can mimic intoxication, several diabetes experts said.
Officers were called to Century 20 theater in downtown Redwood City about 7:30 p.m. April 1 after a security guard, believing that the disoriented Burns was under the influence of drugs or alcohol, escorted him outside, police said.
When two officers arrived, Burns allegedly pushed one and assumed a "fighting stance," police said.
One officer used pepper spray in an attempt to su**ue the powerfully built Burns, but with no effect. Both officers then wrestled Burns to the ground and needed three more officers to handcuff him, police said.
Burns suffered small cuts to his nose and forehead. One of the officers sustained what Pitt said was a potentially career-ending shoulder injury.
Burns won the 2006 Natural Universe Championship, a competition that stresses bodybuilding without the use of performance-enhancing drugs. There are other Mr. Universe competitions. Burns often speaks publicly about his diabetes to raise awareness of the disease.
E-mail John Coté at jcote@sfchronicle.com.
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