As a criminal defense lawyer in the same community as Penn State, I have represented my share of students who manage to tack on additional charges after being sent to Mount Nittany Medical Center following an arrest for public drunkenness and/ or underage drinking. Typically, the drunk student becomes enraged over the arrest and involuntary hospitalization, which leads to additional charges of criminal mischief for destroying hospital property, disorderly conduct for loud and disruptive behavior, or even aggravated assault for attacking a police officer or EMT. The aforementioned scenarios are not uncommon here in Centre County, but I have yet to represent a client like 21 year-old Ty Alsop, who managed to “catch a charge” of indecent exposure following his hospitalization for an alcohol overdose in Evansville, Indiana.
Mr. Alsop’s BAC was a liver-punishing .422, which would render a normal human either dead or unconscious. Apparently, Mr. Alsop is one of those alcohol Rasputins, who are not easily brought down. Mr. Alsop had no desire to “sleep it off,” in a hospital room, so he simply walked out the front door in his hospital gown. It would not surprise me if Mr. Alsop was too drunk to realize that his buttocks were left completely uncovered by the gown, thus leading to an indecent exposure charge. In most states, including Pennsylvania and probably Indiana as well, indecent exposure is a far more serious charge than public drunkenness.
Hopefully, Mr. Alsop’s family has enough money to hire a skilled defense attorney. Perhaps his lawyer can convince a prosecutor that there are enough mitigating factors in the case to warrant a favorable plea agreement, as I do not see this case going to trial.
Matt McClenahen is a criminal defense attorney in State College, Pennsylvania, home of Penn State University. He has extensive experience representing clients in alcohol-related offenses such as public drunkenness, underage drinking, criminal mischief and disorderly conduct. http://www.mattmlaw.com/Criminal-Defense-Overview/Alcohol-Offenses-DUI.shtml