Judge Arrested On Interstate On Suspicion Of Drunken Driving
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Judge Arrested On Interstate On Suspicion Of Drunken Driving Save Email Print
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(November 11, 2008)—A Fort Worth state district judge arrested by a police officer on Interstate 35-W in Johnson County on suspicion of drunken driving was free on her own recognizance Tuesday.

Tarrant County state District Judge Elizabeth Berry was booked into the Johnson County Jail in Cleburne over the weekend on a probable cause warrant by Alvarado police after her arrest on Interstate 35W south of Fort Worth.

Johnson County sheriff's Lt. Tim Jones said Berry was booked, and then released on her own recognizance.

In a statement released through her attorney Mark Daniel, Berry said it was premature to discuss the allegations.

Berry presided this summer over the trial of Samuel Lee Hilburn who was convicted of intoxication manslaughter and sentenced to 13 years in prison for the 2006 death of Fort Worth police Officer Dwayne Freeto.

The officer had stopped on a freeway shoulder to help a motorist with a flat tire when Hilburn slammed into the back of the patrol car, causing it to burst into flames with Freeto trapped inside.
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Posted by: passing through Location: edge of lampasas on Dec 10, 2008 at 05:21 PM
Almost forgot to mention former sheriff Weldon Lucas of Denton co.Tx.(AKA THE UNTOUCHABLE!!)He got stopped by DPS,arrested,but,the DPS got kicked out of Denton Co.(somewhere in So. Tx.against his will for doing his job)Lucas "Got a Free Pass" also,and forced someone to move.How about that-sounds fair doese'nt it? NOT!!!!! Something MUST be done about these scofflaws,don't you agree?????!!!!!
Posted by: passing through Location: edge of lampasas on Dec 10, 2008 at 05:04 PM
For the record,"candida",is not necessarily an STD.I had upper lobe pnemonia in the hospital,and had broad spectrum anti-biotics,wich,by the way,kills beneficial bacteria,wich,by the way keeps yeast infections in check. I also had oral anti-biotics almost up to the time I was arrested.(p.s.I have several of the symptoms of "candida".)Fortunatly,Idon't have the nasty genital symtoms,but I do feel sleepy to the point of needing sleep immediatly after eating.(not always,but often.)Blood fermentation and "candida" ARE REAL!!!Wish I could get a medical professional to testify on my behalf without paying $10,000.Any lampasas professionals willing to help defend my case? Contact law offices with your professional expert opinon.(p.s.,it is a local lampasas office.)
Posted by: passing through Location: edge of lampasas on Dec 10, 2008 at 04:28 PM
I spoke with my nephew the other day(he is a former Bryan/Colledge sta. cop),and he told me the protocol for "officials" (i.e.,cops,judges,ect.)is that their offence will never be recorded ever!!!.They are expeceted to extend professional courtesy-waiving arrest.They would decide whether or not to allow the operator to continue,or make sure they,and their vehicle make it home.He said arresting a "judge" is simply not done ever!!!!!!!. "We The People" simply have no choice at all.I'm not saying driving wasted is good,but the So Called "LAW" must apply to everyone,including our "President". By the way,the DPS "Do" have a dwi "Quota system" admitted by former DPS represenative on obscure camera.I hope someone in my jury pool reads up about a condition called "candida".It is a yeast infection of the blood,and can skew a blood test result,along with other handling factors.If your reading this,check out articles about blood "fermentation"!! It is real,and preservatives can't stop it!!!
Posted by: Anon Location: Texas on Nov 13, 2008 at 07:06 PM
1. Anyone can be arrested on "suspicion" of committing a crime. 2. "Habeas Corpus" is a writ to prevent citizens being held without charges or guaranteed representation, etc. 3. Bush flushed habeas corpus down the toilet. 4. Anyone can be arrested on 'suspicion of ...... murder, B&E, domestic terrorism, theft, etc. (including driving under the influence of alcohol.) It is up to the prosecutor and arresting officer to prove (breathalyzer, blood test, etc) the 'suspicion' charge is true before a judge (or a jury). That is simplified, but the basis is true. Da Judge screwed up! She cannot be above the law!
Posted by: Someone in Texas Location: Big City on Nov 13, 2008 at 08:57 AM
She should never be allowed to preside over DUI, DWI, etc. cases. Truthfully, she messed up...and should lose her rights and license...what if she had killed someone. If more people were held accountable for their actions, this world would not be so messed up. If the judges in Cleburne would disband the good old boys club that they have, and worry more about child neglect cases in their county, especially "one in particular" the county would not be such a joke.
Posted by: yazmin Location: temple on Nov 13, 2008 at 07:52 AM
THROW THE BOOK AT HER! ANY OTHER CITIZEN WOULD BE IN BIG TROUBLE!
Posted by: lyn Location: Lorena on Nov 12, 2008 at 03:52 PM
I'm always careful when driving I35W in Johnson county. Those guys will "get-ya."
Posted by: Heart-Of-Texas Location: Waco on Nov 12, 2008 at 12:40 PM
Well 'They' can pass Laws to keep Smokers out-of-Town, But if 'they(Judges,Law-Makers-Lawyers-Lawmen-women passed Laws to keep drinkers-out-of-town), there wouldn't be anyone or anybody in Town at all!!!!!DUH!! Where's Her Sign(Stupid!). Back-To-The-Future!!!!
Posted by: john Location: belton on Nov 12, 2008 at 12:20 PM
Well there goes another pink slip for a policeman doing his/her job
Posted by: Robert Location: Lubbock on Nov 12, 2008 at 11:35 AM
Judge Arrested On Interstate On Drunken Driving Charge. NO ONE in the USA is arrested on 'suspicion' of anything. That is a fundamental principal of American jurisprudence and was major reason for revolution. If a person is arrested, they must be CHARGE with a crime. It is amazing that so few understand this point which is something that to this day makes the USA different from most every country on the planet. You may not be held without CHARGE in this country. To be arrested you must be charged with a specific crime which appears in the Penal Code. If not, you have grounds for suit over false arrest. Journalist should know better and if local police use the phrase "on suspicion" then that is a bigger story than any arrest!
Posted by: No Name Location: No Location on Nov 12, 2008 at 10:14 AM
Drinking and driving don't mix.
Posted by: Marlin Location: Texas on Nov 12, 2008 at 09:42 AM
To Passing through and Way... What do you mean they get a "free pass"? Don't you realise that these people are our MASTERS??? The law applies to us lowly peons, not to the POWERS that lord it over us! Get real here, they don't need to obey any laws since they are the ones who are IN CHARGE. Seriously, THIS is just another example of why I am a Libertarian. Republicans and Democratic Politicians are constantly breaking the law and then the politicians call in "favors" from thier political cronies and get off scot free. If were my choice, this person would be convicted, sentenced to hard jail time, forced to pay the maximum fine, and disbarred from ever setting foot in a court room again. She does not deserve her position because she has proven she cannot obey the laws she is supposed to enforce! Will any of that happen? I doubt it. She'll get community service for some minor lesser charge and then go back to sentencing average people to hard time for the same crime she did.
Posted by: Goerge Location: Temple on Nov 12, 2008 at 09:36 AM
I am surprised we even heard about this..
Posted by: Anonymous Location: Somewhere close on Nov 12, 2008 at 07:53 AM
WOW...now the comedy caper club in Cleburne can allow another idiot on the streets of Texas. I think Cleburne needs new judges...one of them is a nut anyway
Posted by: rick Location: waco on Nov 12, 2008 at 07:16 AM
the moral of the story is we will never hear anymore about what happens about this judge. i am surprized there was even a write up about it
Posted by: John Location: waco on Nov 12, 2008 at 06:42 AM
The officer just made a smooth career move. The law has a huge gray area when working with authorities higher than yours....from experience.
Posted by: Anonymous on Nov 12, 2008 at 12:18 AM
released and probably drove herself away
Posted by: Way Location: Killeen on Nov 11, 2008 at 08:31 PM
I definitely agree with "passing through" I would like to talk to you and maybe get some of these people that did wrong but basically got a slap on the wrist. We need to follow up on these sorry people. No one is above the law and everyone puts there pants on the same way
Posted by: anonymous Location: Austin on Nov 11, 2008 at 06:32 PM
Where is MADD on this one? No way should she pass judgement on anyone else, ever.
Posted by: M.E. on Nov 11, 2008 at 05:25 PM
Well, NOW we know why judges are so lenient in sentencing drunk drivers.....
Posted by: passing through Location: edge of lampasas on Nov 11, 2008 at 05:05 PM
P.S.,who's to say if these judges are thinking clearly,based on their behavor,competent to decide the fate of others accused of similular offences???
Posted by: passing through Location: edge of lampasas on Nov 11, 2008 at 04:50 PM
no one in lampasas of authority is on record of ever doing such a thing!believe that? I don't.why do judges and cop's seem to alway's get a "free pass"?Oh wait,I know,it's the golden rule theory.Those with the gold make the rules.By the way, what ever happend to Tx.St. lawmaker Mike Krusee?My best guess,since he is friend of Gov. Rick Perry,he probably got clemencey. Who knows,these facts alway's seem to evaporate somehow?It's just like all the other cop's,judges,D.A's,mayor's etc's. who seem to get dismissals you read about EVEREYDAY!WHEN DOES JOHN Q.PUBLIC GET A BREAK?
Posted by: Sandra Location: Temple on Nov 11, 2008 at 04:16 PM
I hope she gets a fair trial, but that they don't "go easy" on her because she's a judge. If she's guilty, they she should received the same punishment as anyone else: fines, incarceration, suspended driver's license, higher auto-insurance premium, mandatory classes on drinking & driving.
Posted by: Concerned citizen Location: Killeen on Nov 11, 2008 at 03:55 PM
Thank goodness she was a judge otherwise she would have been booked into jail!
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