Prosecutor Fired After Accusing Uber Driving Of Kidnapping

Because when you're the hammer, everything looks like a nail.

UPDATE: The affidavits of the fired prosecutor and the driver are available here.

There should really be a term for lawyers trying to use the fact that they’re lawyers to intimidate someone into doing their bidding. Perhaps there’s something in German with 15 letters and umlauts for this phenomenon, like “Anwaltschadendämmerung” or something. Not that pulling the “ESQ” card isn’t necessary from time to time, but generally it stays holstered.

Especially after a few drinks.

And it really needs to stay holstered when in the hands of a prosecutor throwing around the possibility of pressing criminal charges if they don’t get their way.

The Dallas DA’s office has fired prosecutor Jody Warner over an incident with an Uber driver where she really went hard on the “I’m a lawyer” bit. Now that we’ve got an Uber guy involved, we really need that German name.

The Dallas Morning News sets the stage:

Platt said he picked up Warner at Capitol Pub in Old East Dallas and she appeared intoxicated. She yelled at friends out the window when she got in his car. Platt said he tried to initiate small talk with her, asking if she was excited for the holidays. He noticed she was getting increasingly upset, he said.

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Platt broke rule number one. No one wants to have a chit chat with their cabbie. I know that outside of New York everyone thinks a conversation with a driver is part of the overall taxi experience, but does anyone really enjoy this? My suspicion is that patrons around the country go through the motions because they feel some sort of obligation to talk. The driver is forced into an awkward role as some junior Oprah and the passenger has to throw together something interesting to say that won’t land them on HBO. The only driver with a lifetime pass to talk to passengers is Ben Bailey. That’s it.

The point is, if everybody kept their mouths shut, this might not have gone off the rails. But they talked anyway and — whatever happened next — it all culminated in a 911 call and kidnapping accusations:

“I think this might be kidnapping right now, actually,” she says.

“It’s not kidnapping, ma’am. You’re free to leave,” he says.

“No, it is because there was an Uber that had a destination and you have not taken me to that destination. You’re holding me here, so please take me to that destination,” she says.

“Ma’am, will you please leave my vehicle,” Platt says.

“Under the law, it’s recklessly keeping me from where I was going, and you have done that,” she says. “You’re kidnapping me. You’re committing a third- to first-degree felony, so do you want to take me home?”

One of the fun parts of getting a legal education is that day you learn that kidnapping statutes can carry a lot of weight. Walking into law school, kidnapping seemed like a pretty straightforward crime — if you require Liam Neeson to come get you, it’s kidnapping. But it turns out that kidnapping includes all manner of activity that impedes a victim from doing whatever they want, whenever they want.

Another fun part of a legal education is learning that prosecutors view the world as a giant crim law issue spotter and, without active restraint, can drop the hammer on almost anyone at any time. “If you’re the hammer, the whole world looks like a nail,” as they say about prosecutors.

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“Oh my God, you’re an idiot. You are a legitimate retard,” the passenger says. “I want to go home so badly but you’re so stupid I want the cops to come so that they can [expletive] you up, that’s what I want.”

He continues to ask her to get out of his vehicle.

“Dude, everything’s being reported,” the passenger says. “I’m an assistant district attorney so shut the [expletive] up.”

I’m sure the cops appreciate their partners in the DA’s office viewing them as muscle ready to f**k people up. It’s not like the police have a persistent public relations problem or anything.

That’s why Warner’s losing her job. It’s not that she drunkenly mouthed off to someone. If that were the standard, most of the legal profession would be unemployable. And obviously there could be more to this story. Perhaps the driver did something to provoke Warner that we didn’t hear. But none of that really matters. That’s why DA Faith Johnson issued this statement.

“Although criminal charges have not been filed, her behavior is contrary to this office’s core principle of integrity, and it will not be tolerated,” Johnson said in a written statement. “As public servants, we represent the people of Dallas County and are examples of justice, professionalism, and ethical behavior both inside and outside of the courtroom.”

If a prosecutor’s go-to plan involves using the police to rough people up before slapping them with trumped-up charges, that doesn’t fill the public with confidence in the integrity of the system.

Dallas prosecutor fired after accusing Uber driver of kidnapping her in rant after night at bar [Dallas Morning News]


HeadshotJoe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.