ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, March 30, 1991                   TAG: 9103300329
SECTION: VIRGINIA                    PAGE: A-5   EDITION: METRO 
SOURCE: Associated Press
DATELINE: NORFOLK                                LENGTH: Medium


INDIAN: HERITAGE CAUSED CRIME

An American Indian who snatched an infant from her mother and then choked another woman who stopped to help has avoided prison by arguing that his Navajo heritage drove him to drink.

David Harrison's attorney said alcoholism led to the attack and that Harrison's Navajo lineage led to his alcoholism.

Circuit Judge John E. Clarkson was convinced.

"Albeit it trite and not very complimentary, the term `Indian drunk' comes to mind," Clarkson said at a sentencing hearing Thursday. "He was drunk out of his mind."

"The genetic make-up of Indians makes them more predisposed to alcohol," said Joseph M. Young, the defense attorney. He used a statement from an expert on drug addiction that American Indians are not born alcoholics but are predisposed to alcoholism.

Harrison faced up to 32 years for two counts of abduction, attempted abduction, malicious wounding and sexual battery. But the judge suspended a 13-year sentence if Harrison completes alcohol rehabilitation programs.

"I'm breaking my usual tradition - that when someone hurts another person they go to the Penitentiary," Clarkson said.

March 16, 1990, was the former Navy enlisted man's first day back from a three-month deployment. He and friends began bar-hopping about 4 p.m.

Harrison, 22, said he had between nine and 12 beers and at least three mixed drinks. About 9 p.m., he wandered out onto the street.

Harrison attacked a 19-year-old mother from behind, grabbed her 1-year-old daughter and ran. She chased him and a struggle ensued. He knocked her to the ground and began sexually molesting her. He told her he had a gun and knife.

Another woman driving by saw the struggle. She stopped her car and beckoned the mother to get in.

Harrison released the mother and began attacking the driver. He reached for the driver's 17-month-old son as police arrived.

"This is probably the most bizarre case this court has ever had," Clarkson said.



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