Assault or Injury by Omission

question1 · #1 09-01-2008, 02:46 PM

My question involves criminal law for the state of: Texas

Wife's mother (with an apparent drug habit that the family didn't know about) did some powder cocaine around midnight about a week ago......she is married to a turd ex con, she did the coke around midnight and he tried to wake her up around 5am for work.....his story: she 'cussed him out' and told him she wanted to sleep........ he then said that he tried to wake her up again around 8:30a and she 'did not want to wake up'....so he then called in sick for her.......he then left her in bed all day and it wasn't until her son (my wife's brother) went over to their home about 6pm and found her pretty much unresponsive......18hrs after she took the coke.....he then took her to the hospital where of course that said it was an OD induced stroke

the hospital said that she had 'something' in her system that shouldn't be there........her husband was confronted by this and he denied her taking anything illegal drugs.....he said it may have been some of his vicodin

the hospital then later told the family that the 'something' in her system was cocaine.........the husband then later admitted that he knew she took some coke and that he had found the small baggie from it.......he said he knew he screwed up by leaving her in bed all day......(he just didn't want to go to jail because he was probably doing it with her and didn't want to call an ambulance)

I know in texas that there is a Injury by Omission involving the elderly.....but is there any law that was violated by the husband by knowing she took cocaine and leaving her in bed that long knowing something was wrong when he could not wake her up??????????

Mr. Knowitall · #2 09-02-2008, 11:56 PM

As you've probably already discovered, the police are likely to have little interest in trying to prove that there was something criminal in one addict's allowing another to "sleep it off" after a bender. If you want to help your mother-in-law, her primary needs at this time would appear to be drug counseling or rehab (if she's ready), and a divorce (if she wants one).