LAWYER TO DEPICT DRUG AS A WEAPON

NEW BRAUNFELS — Prosecutors plan to make a unique legal argument
against a man charged with giving cocaine to his 14-year-old daughter.

District Attorney Dib Waldrip said he plans to argue that cocaine is a
deadly weapon.

Johnny S. Rodriguez, 43, of New Braunfels faces up to 99 years in
prison if convicted of injury to a child and endangering a child.

If the prosecutor's strategy succeeds, Rodriguez would have to serve
at least half his sentence before becoming eligible for parole.

"There is a sound factual argument for it," Waldrip
said.

Waldrip acknowledged his strategy in the case is unique.

Carl Lobitz, a San Antonio defense lawyer and former prosecutor in
Bexar and Denton counties, agreed.

Lobitz said he never had heard of a prosecutor arguing cocaine is a
deadly weapon.

"That's stretching it," Lobitz said. "But the definition of a deadly
weapon is pretty broad. . . . Anything capable of causing death or
serious bodily injury can be called a deadly weapon, so I guess you
could make an argument for that."

To prove injury to a child, the prosecution will have to show that
giving the girl cocaine "caused serious mental impairment," Waldrip
said.

Lobitz said the unique prosecutorial strategy almost guarantees
Rodriguez's attorney will appeal, if Rodriguez is convicted.

"The facts seem to fit a charge of delivery of cocaine better," Lobitz
said. "But it looks like a makeable case, especially in Comal County.
Those folks are notoriously conservative."

Waldrip said the investigation started when the girl's mother, who is
divorced from Rodriguez, became suspicious and brought the girl to the
New Braunfels Police Department. The girl gave a statement that
implicated her father.

A Comal County grand jury Tuesday indicted Rodriguez on charges of
injury to a child and endangering a child.

Checked-by: Patrick Henry