http://abcnews.go.com/US/wireStory?id=1383316
WACO, Texas Dec 7, 2005 — An 82-year-old woman has been found guilty of attempted assault on a peace officer for trying to hit a Sheriff's deputy on the head with her cane in August.
Ester McCullough was found guilty by a retired judge during a nonjury trial.
Defense attorney John Hand said McCullough fired a shot into the air to scare away one of the neighbor's dogs. Hand said the two neighbors have been involved in a dispute for about seven years.
The deputies said they were talking to McCullough outside the house to try to find out where the gun was when she tried to go back inside. One deputy grabbed her leg, forcing McCullough to hop around on one foot.
She complained that the officer was hurting her hips, which had been surgically replaced, and tried to hit him on the head with her cane. Another deputy deflected the blow with his hand.
Hand said McCullough had been willing to plead guilty to misdemeanor charges, but prosecutors sought the felony charge.
"If there is a gun involved and she is threatening to kill people, I don't think that is something that should be taken lightly," Brady said. "I think this woman is cantankerous."
McCullough has a previous misdemeanor conviction for deadly conduct, which also involved a gun, according to court records. Hand said she shot a hole in a car when her daughter's boyfriend caused a disturbance an refused to leave.
A prosecutor recommended that McCullough be placed on probation for three years and fined $400. She'll be sentenced when a background report is complete.
Copyright 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
WACO, Texas Dec 7, 2005 — An 82-year-old woman has been found guilty of attempted assault on a peace officer for trying to hit a Sheriff's deputy on the head with her cane in August.
Ester McCullough was found guilty by a retired judge during a nonjury trial.
Defense attorney John Hand said McCullough fired a shot into the air to scare away one of the neighbor's dogs. Hand said the two neighbors have been involved in a dispute for about seven years.
The deputies said they were talking to McCullough outside the house to try to find out where the gun was when she tried to go back inside. One deputy grabbed her leg, forcing McCullough to hop around on one foot.
She complained that the officer was hurting her hips, which had been surgically replaced, and tried to hit him on the head with her cane. Another deputy deflected the blow with his hand.
Hand said McCullough had been willing to plead guilty to misdemeanor charges, but prosecutors sought the felony charge.
"If there is a gun involved and she is threatening to kill people, I don't think that is something that should be taken lightly," Brady said. "I think this woman is cantankerous."
McCullough has a previous misdemeanor conviction for deadly conduct, which also involved a gun, according to court records. Hand said she shot a hole in a car when her daughter's boyfriend caused a disturbance an refused to leave.
A prosecutor recommended that McCullough be placed on probation for three years and fined $400. She'll be sentenced when a background report is complete.
Copyright 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
