Social Media Evidence: Nightclub Promoter Tweets of Cowboys Players Drinking “Ace” Shortly Before Deadly Car Crash

When I give presentations on social media law, one of the topics I address is the use of social media as evidence in court cases. In the past I have usually used hypothetical examples to make my point of demonstrating how people’s penchant for saying really stupid things on Twitter, Facebook, Google+, etc. can be used later on in a court case. Sadly, based on information I have learned from a story a short while ago, all of my hypotheticals from the past can now be replaced by one even worse — and far more tragic.

She tweeted what?

Consider the following tweets from the “promoter” of the nightclub where Dallas Cowboys football player Josh Brent was drinking with his teammate Jerry Brown shortly before the car crash that left Brown dead and Brent charged with intoxication manslaughter:

_______________________________________Tickled Pink EP  Mesha_08  on Twitter

Tickled Pink EP
@Mesha_08

I have 12 #Cowboys in theeee building!!!!!!!!!!!!!!! #Privae

8 Dec 12

______________________________________

Tickled Pink EP
@Mesha_08

These fools buying Ace on top of Ace!!!!!!

8 Dec 12

_____________________________________

What do you think?

We now have a purported eyewitness who saw them drinking and not only posted it on Twitter for all the world to see, but also posted what they were drinking (“Ace”) and her perception of how much they were drinking with the implication that it was a lot. Now, I understand that Ms. Kimesha Jackson a/k/a @Mesha_08 is trying to promote the club and, presumably, promoting it via Twitter is part of her job. But …

  • Surely this evidence will not unappreciated by the prosecutors in making their case against Josh Brent, right?

  • Surely this evidence will not be unappreciated by the Texas Alcoholic Beverage Commission in investigating just what she mean’t by “These fools buying Ace on top of Ace!!!!!!”, right?

  • Surely this evidence will not be unappreciated by the insurance companies investigating this tragic car crash, right?

  • Surely this is not the kind of evidence that other would-be patrons of Privae would want broadcast around the world about them, right?

Do you want to guess who will have the pleasure of testifying in each of these proceedings to explain just what she meant by these tweets?

Here’s a little hint: “Ms. Jackson, will you please state your full name for the record?”

Published by Shawn E. Tuma

Shawn Tuma is an attorney who is internationally recognized in cybersecurity, computer fraud and data privacy law, areas in which he has practiced for nearly two decades. He is a Partner at Spencer Fane, LLP where he regularly serves as outside cybersecurity and privacy counsel to a wide range of companies from small to midsized businesses to Fortune 100 enterprises. You can reach Shawn by telephone at 972.324.0317 or email him at stuma@spencerfane.com.

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2 Comments

  1. A beautiful example of how fame is a double-edged sword. If you’re going to be a public figure, figure out how to behave in public! (Not that Ms.Jackson was flashing HER Mensa credentials by “ratting out” the players, granted.)

    1. John, you cover a lot of territory with that comment, for sure. I, for one, would say it also says a little something about this team in general – the biggest bunch of under-achievers you can imagine and, instead of working on getting ready to go win a game, they’re out getting drunk shortly before a very important game on their schedule.

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