The dug deep though the Penal Code looking for a criminal charge that suited this level of raucnhiness.  Mr. Symonds has been charged with a little know provision of the Texas Penal Code under Assault Crime, “tampering with a consumer product.”  Under Section 22.09 TPC it is a 2nd degree felony, punishable by 2 to 20 years in prison and up to a $10,000 fine.

Tampering is defined under the code as one altering or adding a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury.  Tampering with a consumer product requires proof that the defendant knowingly or intentionally tampers  with a consumer product knowing that the consumer product will be offered for sale to the public.

In this case, the “product” was a Hawaiian stuffed-crust take-and-bake pizza. (Papa Murphy’s sells this kind of made-to-order pizzas that you can pick up and then bake in your own oven.)  Some local news reports claim Symonds was annoyed that the customer had ordered the pie right before closing time.

The customer did not actually eat the pizza, but that is not a required element of the offense of tampering with a consumer product.  Where the State’s case may fail, however, is proving a pizza touched by Symonds nut sack could potentially cause serious injury.  My guess?  He will be offered a plea agreement for a lesser charge, a misdemeanor.

I think it goes without mentioning that this idiot was fired.  He probably will need to find another line of work, I don’t think food service is in his future.

Have you been charged with ASSAULT?

If you’ve been accused of ASSAULT it is imperative that you have an aggressive criminal defense attorney in your corner.

You need someone that will fight for your rights, a tenacious lawyer that will put the state to their burden.

Contact attorney Tristan LeGrande IMMEDIATELY by calling 281-684-3500.

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Criminal defense attorney Tristan LeGrande