In Texas, You Can Face Criminal Charges for Buying a Woman a Drink

Categories: Crime

BuakusDuran.jpg
Kambiz Michael Duran and Nicole Nadra Baukus
It's no secret that the gentleman buying you tons of free drinks doesn't give a crap about your health, safety, or even how much you like drinking. He's just making a calculated investment, figuring that you're more likely to have sex with him after you have $30 worth of vodka punch in you, which is cheaper than paying for a hooker.

But what if a lady simply takes his free drinks and then ditches him -- is he responsible for making sure that she'll get home safely? Social rules dictate, "Yes, that's the gentlemanly thing to do." Legally, that's a tougher case to make, but that's exactly what prosecutors near Houston are trying to do.

Last year Nicole Nadra Baukus drove her pickup truck the wrong way down Interstate 45 in Montgomery County outside Houston and killed two teenagers, Nicole Adams and Travis Ryan Saunders. During the trial she claimed that a guy at the bar slipped drugs into her drink before changing her story and admitting she'd downed more than 20 drinks at a local bar before getting behind the wheel. A jury just sentenced her to 38 years in prison.

Now, prosecutors and the TABC are turning their attention to the man who plied her with at least some of that booze.

"We could see him giving her drinks in the video but nobody would identify him," Warren Diepraam, an Assistant District Attorney in Montgomery Couny, told the Houston Chronicle. "It was only during the trial when witnesses started testifying (that we learned his name)."

The man is Kambiz Michael Duran, heretofore most famous for allegedly burning down his house in an attempt to make liquid marijuana.

Duran is now facing criminal charges for buying Baukus drinks. Most times, drink-supplying prosecutions are carried out under the state's "dram shop laws," which make bars and servers liable for selling alcohol to clearly drunk people. Because Duran wasn't a bartender, Diepraam says Montgomery County is going after him based on the "law of parties," which holds a person criminally responsible for aiding or abetting a murderer.

This raises an obvious question: Why don't they just use the Dram Shop Laws that already exist for this type of case and prosecute the bartender, not the poor sucker who was participating in an age-old mating ritual?

That bar, the On the Rox Sports Bar and Grill, agreed to settle the case and paid $1 million to David Francisco Porras and the estates of the victims.

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56 comments
canbuymyowndrinks
canbuymyowndrinks

I have stopped letting guys buy me drinks because I don't want to have to make conversation for ten minutes or worry about the idiot who thinks that that because he bought me a $8 drink, he is entitled to whatever he thinks he is entitled to. The roofie thing is an issue to. I used to carry coasters that when you dipped them into your drink would change colors if someone had dosed your drink. 

obbopp
obbopp

The dames demanded equal rights and privileges but they sure have seemed to ignore equal responsibilities.


MGTOW  Men Going Their Own Way...  a male response to the modern females we are forced to contend with

garlandistheworst
garlandistheworst

What do you expect in a fascist nation with for profit prisons, the nsa spying on you, and drones strikikng around the globe.  This is the fourth reich.

Obummer
Obummer

Yo 48% o' uh L.A. Crashes is Hit-an'-Runs.

Steve Simpson
Steve Simpson

It'd be a good reason to not buy the drinks and keep that money in my pocket.

holmantx
holmantx topcommenter

Are topless dancers held personally responsible for plying guys with drinks, at their expense, to get money out of them?  Or leading them up to the "Executive Club" for privacy?  Would guys even go to bars, or topless bars, if there weren't women in there?

Texas monthly once kept tabs on the top ten grossing bars in the state - 9 out of the 10 were topless bars.

And are women held personally accountable for the men they get drunk with at bars, at his expense, if they kill with cars?  He wouldn't have sat there and drank by himself.  

Jon Mosig
Jon Mosig

"is he responsible for making sure that she'll get home safely? Social rules dictate, "Yes, that's the gentlemanly thing to do." " So in other words, when I buy someone a drink at a bar, social rules dictate that we will be leaving together. What is this blogger taking and can I have some please?

weirdozmedia
weirdozmedia

I don't get it, who is David Francisco Porras? This reeks of sloppy writing..

Kelly Tomlinson
Kelly Tomlinson

What an enormous amount of trolls on this thread. I'm looking at YOU, Mike Snyder!

TheCheat
TheCheat

Liquid marijuana == BHO, Butane extracted hash oil. Although liquid marijuana is an idiotic term.

melinda_cook68
melinda_cook68

Whatever happened to people taking responsibility for their own actions? No one forced her to drink them...and WTH is liquid marijuana?

doublecheese
doublecheese

I'm calling BS on the "20 drinks"  20 *actual* drinks during the time period a person would be in a bar (as opposed to cracking a beer at dawn and polishing off the case by midnight) would kill a lot of smaller men, and would kill about any woman.  A woman as petite as this picture seems to indicate would be dead from alcohol poisoning.  20 cups of some liquid that has some small, but undetermined amount of alcohol does not make 20 drinks. 

animas
animas

During the trial "she claimed that drugs were slipped into her drink(s)".  Wasn't the late Kidd Kraddick taken to the woodshed by DO last year for suggesting that some date rape drugging allegations may be flimsy to outright bogus? -- Sounds like the prosecutor is on an overcriminalization jihad with this guy.

Miranda Carter
Miranda Carter

Was she underage? Did that have something to do with it?

Rudy Cruz
Rudy Cruz

The DA is looking for headlines and got them. The guy will get off after filling his lawyers' pockets.

Buddy Whittenburg
Buddy Whittenburg

I have a better idea, lets press charges against TABC for not stopping her! It's really their job to do so in the first place.

Melissa Howell
Melissa Howell

I don't even think the bar should be held responsible, unless there's proof they knew she was drunk and kept giving him the drinks he was giving her. Still, why is it someone else's responsibility to make sure that drunk tease isn't driving drunk? It should be HER responsibility and that's it. Slap the bar with a fine or suspend their license or something, but no amount of $$ will bring those teens back. The lawyers are the ones banking off this tragedy.

JustSaying
JustSaying

So the guy bought her 20 drinks? What a moron. Everyone knows that the financially responsible chicken hawk drops a roofie in by the 3rd or 4th drink at the latest.

Marcus Aurelius
Marcus Aurelius

well sh%#. y dont we start holding house part hosts resonsible too? go after evryone.

Marvin Remmers
Marvin Remmers

That's a bit sexist for the blogger to say that guys don't care about the girl's health and safety and are treating her like a cheap ho. She must really hate men.

leizad
leizad

To get him under aiding and abetting, the DA would have to show that Duran had the required intent. Given the facts, I doubt the DA can show that the guy was feeding the girl drinks with the intention of her getting behind the wheel and killing people. Maybe (and that's a big maybe), if she told him that she was going to drive, the DA might make a case. Otherwise. the charges against him are just a publicity stunt.  

J_A_
J_A_

20 drinks?! Were they the size of mini Dixie cups? She should be glad she's alive. Also wtf is liquid marijuana? Did they take shots of that too?

Chris Perk
Chris Perk

There is no way possible that they can charge him with anything. He is not certified to tell if she has to much to drink or not. That's the bartender. That's why they have certifications. Also I am pretty sure if he took it far enough to make sure she made it home and she did not want him to take that far he could be arrested for harassment. She choose to get behind the wheel, its her fault and no one else. Book her Dano!

Vinh-Luan Luu
Vinh-Luan Luu

I would like press charges against God for creating hops and barley.

Buddy Whittenburg
Buddy Whittenburg

I think it's time we just fire everyone at the TABC and start over. They have been out of control for far too long. This is terrible tragedy, but it doesn't mean that everyone involved is a criminal. The person actually responsible just got 38 years -- basically the rest of her life. Let's call it a day.

markzero
markzero

Looks like the insurance company for the bar settled a civil suit? Wonder why they weren't charged in a criminal suit, but this guy is?

Travis Montgomery
Travis Montgomery

the bartender gave him the drinks. un less this place is like a massive bar they had to know who he was giving them to. Sounds like a attention hunting DA to me

Jonnee Evans
Jonnee Evans

She originally said he drugged her? Nice stand up girl after killing someone's children. I sure hope those 20+ free drinks were tasty. SMH

Charles Alston
Charles Alston

Personal responsibility. Just because a guy buys a girl a drink, doesn't mean she has to drink it.

alteredjustice
alteredjustice

@holmantx Well, yes. If you overserve a customer, you can be held personally responsible. Although they probably will target the bar itself because $$$$$$$$$$$$$$$$.

TheCredibleHulk
TheCredibleHulk topcommenter

@holmantx 

I for one would NOT go to a topless bar if there weren't any women there.

YMMV.

DirtyP1
DirtyP1

@weirdozmedia he was the only survivor of the crash, but it wasn't put in the article. Surprised they settled for $1mil. to be split between 3 families. That bar should be put out of business in my opinion. A good bartender, server, doorman, all working together should have kept this person from driving.

2dollaholla
2dollaholla

@weirdozmedia it was a 22 ur old kid down in Houston killed last summer in july by a dwi driver, a fund was set up to give his family $

scottindallas
scottindallas topcommenter

@TheCheat which is a bunch of crap.  Use the old fashioned stuff.  Unless you're into huffing butane. 

obbopp
obbopp

@doublecheese   In some cases as the drinker becomes buzzed the alcohol placed in each drink is reduced while the price remains the same.


It is an old scam to maximize profit. And the buzzed drinker rarely notices.

WhiteWhale
WhiteWhale

@Miranda CarterNicole Nadra Baukus is 23 years old

James_the_P3
James_the_P3

@Chantal Chanshort I honestly don't see the sexism in the article title.  Can you please enlighten me?

WhiteWhale
WhiteWhale

@JustSaying According to another new article on the subject the DA says Duran gave her three drinks.

animas
animas

Many people act like "idiots" once in a while, which is no reason for overcriminalization of their occassional lack of caution.

barry155
barry155

@leizad No intent needed for Criminally Negligent Homicide or Manslaughter (Reckless Killing).  Not saying the case is an easy one for the DA, but there is no requirement of proving Duran intended for her to commit Intoxication Manslaughter. 

scottindallas
scottindallas topcommenter

@Vinh-Luan Luu you go to hell.  Hops and barley are proof god loves us

2dollaholla
2dollaholla

@Buddy Whittenburg tabc is a joke, should be a dissolved entity 

holmantx
holmantx topcommenter

@TheCredibleHulk @holmantx 

I was down in Key West many years ago and I found myself in topless bar, it was PACKED!

but something wasn't right however, I could not put my finger on it . . . 

until I did.

not a woman in the bar.

James_the_P3
James_the_P3

@barry155 @leizad Which is kind of the point.  I don't know how the guy can form specific intent to aid and abet a crime that doesn't require specific intent to commit in the first place.  I'm not saying it's legally impossible for it to happen.  But as an evidentiary matter, I'm not sure how you could prove it.

Beyond that, the State has a real causation problem.  Even if Duran bought her the last three drinks, she had still consumed 17 before that.  The State has to prove that she wouldn't have driven drunk going the wrong way on I-45 after 17 drinks, but it was only because of the last three that she did so.  That's a really tough case to make.

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