Pubdate: Wed, 11 Nov 1998 Source: San Antonio Express-News (TX) Copyright: 1998 San Antonio Express-News Contact: http://www.expressnews.com/ Author: Roger Croteau LAWYER TO DEPICT DRUG AS A WEAPON NEW BRAUNFELS — Prosecutors plan to make a unique legal argument against a man charged with giving cocaine to his 14-year-old daughter. District Attorney Dib Waldrip said he plans to argue that cocaine is a deadly weapon. Johnny S. Rodriguez, 43, of New Braunfels faces up to 99 years in prison if convicted of injury to a child and endangering a child. If the prosecutor's strategy succeeds, Rodriguez would have to serve at least half his sentence before becoming eligible for parole. "There is a sound factual argument for it," Waldrip said. Waldrip acknowledged his strategy in the case is unique. Carl Lobitz, a San Antonio defense lawyer and former prosecutor in Bexar and Denton counties, agreed. Lobitz said he never had heard of a prosecutor arguing cocaine is a deadly weapon. "That's stretching it," Lobitz said. "But the definition of a deadly weapon is pretty broad. . . . Anything capable of causing death or serious bodily injury can be called a deadly weapon, so I guess you could make an argument for that." To prove injury to a child, the prosecution will have to show that giving the girl cocaine "caused serious mental impairment," Waldrip said. Lobitz said the unique prosecutorial strategy almost guarantees Rodriguez's attorney will appeal, if Rodriguez is convicted. "The facts seem to fit a charge of delivery of cocaine better," Lobitz said. "But it looks like a makeable case, especially in Comal County. Those folks are notoriously conservative." Waldrip said the investigation started when the girl's mother, who is divorced from Rodriguez, became suspicious and brought the girl to the New Braunfels Police Department. The girl gave a statement that implicated her father. A Comal County grand jury Tuesday indicted Rodriguez on charges of injury to a child and endangering a child. - --- Checked-by: Patrick Henry