11/30/2009 10:26:00 PM
Repeat DUI offender gets 2 years in prison
| |
|
By LINDA STEIN
The Daily Courier
PRESCOTT - A Chino Valley man involved in two DUI accidents while driving without an interlock device on his car was apologetic at his sentencing hearing Monday.
Superior Court Judge Ralph M. Hess sentenced Kenneth Whatley, 42, to two years in state prison, followed by six years probation conditioned on a year in the Yavapai County jail where Whatley will be eligible for work release. Whatley, who asked for help in conquering his alcohol addiction, will also perform 100 hours of community service.
In the June 15 incident, Whatley struck the Piñon Pines bar building when he left it, then rear-ended a car on Highway 89 north of Willow Creek Road, before fleeing the scene. The victim, Sarah Hubbird, 22, of Prescott, had suffered minor injuries, police said at the time but her car was severely damaged. Whatley's insurer compensated Hubbird, according to Deputy County Attorney Ethan Wolfinger.
Previously, Whatley pleaded guilty to leaving the scene of an accident, aggravated DUI, operating a vehicle without an interlock device, endangerment and criminal damage, Wolfinger said.
Wolfinger told Hess that Whatley had three times the legal limit of alcohol in his blood "when he chose to get behind the wheel." Because of a prior DUI conviction, Whatley was required by law to use a car with an interlock device but that night he drove a vehicle without one, Wolfinger said.
But a letter that Whatley wrote to the court impressed the prosecutor, who said, "I hope he's sincere."
"I hope when he gets out of prison, he'll pursue a life of sobriety," Wolfinger said. "This was his second DUI in two years."
Whatley's lawyer, Thomas Kelly, asked Hess to recommend that his client receive treatment for alcoholism while in custody.
"I really feel I do need treatment," Whatley said. He apologized for his actions. "I thank God no one was killed," he added.
Hess told Whatley that he hoped he would take advantage of programs to help with his alcohol problems while in custody and recommended that he receive treatment.
"You put a lot of people at risk," Hess said. "You put yourself at risk."
|
Posted: Wednesday, December 02, 2009
Article comment by:
No name provided
It's funny and illegal, Mexico immigrant has a head on hit & run with serious injuries, have no insurance, public defender and translator, that, of course, he's not paying for and taxpayers pay for him to be in jail and know that as soon as he gets out, goes back to Mexico and only get one year in jail. Now that's justice. And no newspaper article about him.
Posted: Wednesday, December 02, 2009
Article comment by:
Mike Honcho
Throw away, there is absolutely a way to live life with in the law. Accidentally speeding is completely different than "accidentally" driving drunk. When a Drunk Driver "accidentally" kills someone, its not just an "accident" to the victim.
Posted: Tuesday, December 01, 2009
Article comment by:
No name provided
I am absolutely shocked that Judge Hess actually did something right! After the way he mis-handled the whole animal abuse case I have serious doubts about this man's moral character to sit on a public appointed bench. He still may be ready to step down but maybe not with so much humiliation!
Posted: Tuesday, December 01, 2009
Article comment by:
Throw away the key
Dear Boy, Are you one of those people that believe that anyone who ever comits a crime should go to jail and never get out? If so drive down to the jail and have yourself locked up because there is no way to live in this country without accidentally breaking some laws.
Posted: Tuesday, December 01, 2009
Article comment by:
Lyle Wilhelm
Congratulations to the Officer or Officers that did a great job investigating this case, to Mr. Wolfinger for putting together a good case, to the jury for rendering the proper verdict, and to Judge Hess for imposing a good sentence. I hope the proper lesson is learned and once allowed back into society this man can get back to being a productive citizen, and not a threat to the citizens in the Tri City Area. Great job one and all. Thank You.
Posted: Tuesday, December 01, 2009
Article comment by:
fed up!!!
Wow another DUI story i wish the Guy that killed my uncle was put away but no he has more rights than we do.
Posted: Tuesday, December 01, 2009
Article comment by:
j.williams
...there but for the grace of God go I. Sober for over 8 years, I can only offer my experience as a lush to warn against prospective drunk drivers by saying it's your choice: do you drink and therefore risk everything? Or, is life worth living without the hangovers?
Posted: Tuesday, December 01, 2009
Article comment by:
sam bernstein
I do believe that "2 years in a state prison followed by a year in the county jail" is real time. It helps if we read the article and then make our comments.
Posted: Tuesday, December 01, 2009
Article comment by:
One Who Knows
Dear Boy... if you read the whole article, you would see that he is to serve a 2 year stay with the state, (probably at Perryville, and then a year of work release ( meaning he will be locked up when ever NOT at work), along with 6 months on Probation...... and probably still need to have the interlock device.......and a probation officer breathing down his neck(and smelling his breath) wanna volunteer?
Posted: Tuesday, December 01, 2009
Article comment by:
Boy, is this an old story
"a letter impressed the prosecutor"...Then he should move over to the defense if he wants to make excuses for people that break the law. Does this (guy) have to kill someone before they take him seriously. He should be doing real time (not work release time).
|
Article Comment Submission Form
|
|
