A judge sentenced a Willis man who will go to trial in the next few months for his fifth charge of driving while intoxicated to 50 years in prison for his fourth DWI.
A jury convicted John El Garner, 39, Feb. 4 in the 410th state District Court of Judge K. Michael Mayes, and visiting Judge Reagan Clark sentenced him Wednesday, according to a press release from the Montgomery County District Attorney’s Office.
“Fifty years, I felt, was extremely fair,” prosecutor Nancy Hebert said. “To me, you just can’t hide the look of shock on your face when you get sentenced to 50 years.”
Hebert said Garner raised the issue of competency during his trial, which began Feb. 2.
“The jury found him competent to stand trial and convicted him,” she said.
He was arrested April 21, 2008, when he was observed driving erratically in the 400 block of West Montgomery Street in Willis, the press release stated. The police officer who pulled him over approached the vehicle and “immediately noticed the odor of alcohol emitting from the passenger compartment of the vehicle,” the release stated.
Garner performed poorly on field sobriety tests, refused to take a breathalyzer test and became belligerent at the Montgomery County Jail and had to be restrained, the release stated.
But Garner was released three days later, on April 24, on a personal recognizance bond, First Assistant District Attorney Phil Grant said.
“I don’t really have an explanation for that one,” Grant said.
Exactly two months after his arrest in April, Garner was arrested again – his fifth DWI offense. He is set to go to trial for that arrest in the next few months, the press release stated.
Hebert will serve as prosecuting attorney again in that case, she said.
“I assume the defense attorney and I will be talking about that,” she said.
Garner’s DWI conviction was his first, Hebert said, but he has a history of arrests for various misdemeanor and felony charges dating back to 1987, according to Public Data.
“He was an all-around career criminal,” Grant said.
He served prison time for two felony convictions, Hebert said, including eight years for a 1991 conviction for burglary of a building in Brazoria County and two years in 2006 for conspiracy to distribute marijuana in Louisiana.
Garner does have the possibility of being paroled after serving about a quarter of his sentence, Grant said.
District Attorney Brett Ligon, who has said his office will step up its efforts to prosecute driving while intoxicated cases, was pleased with Garner’s sentence and praised Hebert.
“Nancy continues to be one of the hardest-working assistant DAs in this office,” he stated in the press release. “She tried more felony cases than anyone else in the office last year.
“I’m thankful she was able to convince Judge Clark that in order to protect the welfare of our community, John Garner needs to stay in prison.”
Friday, March 13, 2009
Fourth DWI results in 50-year sentence
Friday, March 6, 2009
MADD honors girl, cop in the fight against DWI
MADD honors girl, cop in the fight against DWI
A Glen Cove schoolgirl who called police after spotting a man stumbling out of a bar and into a vehicle, as well as a Suffolk cop who made three separate drunken driving arrests during a single tour, were among more than 100 people who got awards yesterday at a Mothers Against Drunk Driving law enforcement luncheon in Lindenhurst.
With many of the cops still wearing black mourning bands over their badges in honor of Glen Ciano, a fellow officer killed last month in Commack by a suspected drunken driver, officers representing agencies from the East End to westernmost Nassau County listened as prosecutors and MADD's Long Island affiliate urged vigilance against driving under the influence on Long Island.
"Together, we all in the room have a common mission - and that is to do everything we can, use every tool available in order to stop the devastation, the devastating injuries, the deaths that we are seeing on our roadways," said Suffolk District Attorney Thomas J. Spota.
Two of the success stories spotlighted at the luncheon were those of the schoolgirl, Samantha Smith, 11, and Suffolk Sgt. Jeffrey Walker of the Third Precinct.
Samantha was going home from Robert M. Finley Middle School last fall when she and her mom saw the man stagger from the bar to the vehicle.
"He couldn't even get the keys inside the lock," she said of the man.
Samantha took out a notebook from her book bag and jotted down enough information about the vehicle to lead to an arrest of a man who police say had a .24 percent blood-alcohol content.
At the same ceremony Walker received an award for locking up three suspected drunken drivers - in Brentwood, in Central Islip and in Kings Park - during one eight-hour shift in December.
The luncheon, held at Chateau La Mer in Lindenhurst, was MADD's Long Island affiliate's third annual for law enforcement. The group lobbies government, runs anti-drunken-driving panels and represents families of people killed in alcohol-involved crashes.
The catering hall donated the luncheon to the group, said MADD's Kristyn Hovanec, a development officer.
Free Lunch Gets One Man Out Of Drunk Driving Charge
Tonight At 11pm - Offer Of Free Lunch Gets One Man Out Of Drunk Driving Charge
How can a lunch lead to someone getting out of DWI?
A 2 wants to know investigation looked into an offer by a lieutenant in the Guilford County Sheriff's Department.
The offer leads to one man getting out of a drunk driving charge.
That fact upset the father of a drunk driving victim who believes the sheriff's department was in the right.
"The people getting into cars and drinking and driving are doing the drinking. The evidence is there, they are blowing over the limit." said Chuck Kennedy. "They chose to do that. I don't see where that has any effect on how our law enforcement should behave to catch these drunk drivers."
2 Wants to Know's Frank Mickens gets answers on how the driver got off and what it could mean to future DWI cases.
You can watch the full story tonight at 11 on WFMY News 2.
DWI Contest Gets Case Thrown Out
DWI Contest Gets Case Thrown Out
Greensboro, NC -- Drunk drivers kill innocent people every day. Some questionable actions by those who are supposed to protect us could comprise dozens of local DWI cases.
"I think it was misconstrued, and there was nothing wrong with what we did," says Major Tom Shepherd of the Guilford County Sheriff's Department.
It came as a shock to us, investigators having a contest just to do their jobs. That contest outweighed the court's role in determining one man's guilt or innocence.
It was a routine stop according to Major Shepherd, except for the fact the driver was a Greensboro Police Officer.
"In my opinion and everyone else's opinion who has looked at this, he had reasonable suspicion to stop that vehicle. He did nothing wrong."
But, a judge didn't see it the same way and threw out the case.
"Law enforcement should not have incentives to make arrests or to charge citizens," says Joel Oakley, defense attorney for the officer.
Joel Oakley describes that incentive as a contest.
"The problem is when they are using incentive to get something other than mere protection. Instead of me being out here doing my normal job I am going to find someone doing something just to charge them just to see if I can win."
In an effort to stress DWI's in district two, a lieutenant offered a free lunch to the deputy who made the most case.
"You're talking about paying for a five-dollar lunch, to me that's nothing. That's not a quota system, that's not asking people go chase all around Guilford County looking for drunk drivers," says Maj. Shepherd.
"You don't see anything wrong with them having a motivation to make arrests?" asks Frank Mickens from WFMY News 2.
"No, and every law enforcement agency in Guilford County does the same thing," answers Maj. Shepherd. "What he was trying to do was to advance the goals of the Sheriff's Department and get drunk drivers off the roads in Guilford County."
The Guilford County Sheriff's Department couldn't answer questions about how many deputies were involved and how long the contest ran. This creates another question: how many cases could this possibly affect?
"If some body comes in that was charged during the period which this contest was going on which those cases could very much still be alive, it usually takes more than six months to trial, cases could be out there, yes," says Joel Oakley.
"I don't care what it takes. We have got to get drunk drivers off the road, to hold them responsible for what they do. My daughter is dead because of a drunk driver," says Chuck Kennedy, who lost his daughter to a drunk driver.
Kennedy disagrees with the judge. He feels even if there was an incentive, people were still driving drunk.
"There are more rights in the criminal system then the victims. The individual was still drunk, he blew over the legal limit and should be held accountable for it."
"So what happened to the person who made this arrangement with his subordinates?" asks Frank Mickens.
"Nothing. He was told that was probably not the best way to go about it as far as the public perception. But other than that nothing," responds Maj. Shepherd.
"This is not something you're aware of happening on a regular basis in the Guilford County Sheriff's Department?"
"I've never heard of it happening before," replies the major. "This particular situation won't happen again."
The Greensboro Police officer who got pulled over eventually had his case expunged from court records.
The department reprimanded him, but he is still a member of the force.
While the Sheriff's Department couldn't tell us how many deputies were involved or for how long, we looked at the DWI arrests at that time, dozens of cases could be affected by the contest.
Man rams funeral procession after wife killed
Man rams funeral procession after wife killed
MOUNT AIRY, N.C. -- A Surry County man is facing charges due to his reaction after his wife was killed and son injured in an accident.
Sheriff Graham Atkinson says the accident happened Wednesday afternoon on Quaker Road in Mount Airy.
According to Atkinson, 28-year-old Laura Seal ran her car into a fire truck that was taking part in a funeral procession. She died instantly.
Seal’s son, 3-year-old Levi Willard, was ejected from the vehicle and is now in fair condition at Baptist Hospital.
Atkinson says Mitchell Willard heard about the accident involving his family and went to the scene. Officers say he then intentionally rammed some of the cars involved in the procession.
Willard later turned himself into authorities and is facing charges for assault with a deadly weapon.
Thursday, March 5, 2009
Man gets 8 years in DWI crash killing unborn child
Man gets 8 years in DWI crash killing unborn child
WACO — A man was sentenced Wednesday to eight years in prison for a drunken driving accident that killed his unborn child and another driver.
Jurors deliberated about five hours before deciding on the penalty for Mark Allen Brown, 22, who pleaded guilty earlier this week to two counts each of intoxication manslaughter and intoxication assault in the crash two years ago.
Jurors also sentenced him to probation to be served after he is released: five years for his unborn son’s death, five years for his girlfriend’s injuries and 10 years for the intoxication assault charge involving injuries to a passenger in the other car. Brown also was fined $5,000.
Because his vehicle was considered a deadly weapon, he must serve at least four years before he is eligible for parole. He faced up to 20 years in prison.
Brown testified that after he got home from his all-night shift at a grocery store and drank a couple of beers, his girlfriend — who was seven months’ pregnant — complained of abdominal pains. He told jurors he did not believe he was too drunk to drive her to the hospital.
His blood-alcohol level later was found to be .09, just above the state’s legal limit of .08, according to testimony.
Brown said the wet road caused his car to hydroplane and collide with another car, killing Jesse Franklin, 81, of Hillsboro, and injuring Franklin’s wife.
Three troopers testified that Brown said they were on their way to a shopping mall.
Panayiota Demetriou's family demands (DWI)
Panayiota Demetriou with her mother and brother Kyriacos. The Pace University psych student was killed Nov. 16.
A grieving father has made a long, sad journey halfway around the world to honor his daughter's memory and demand punishment for the accused drunken driver who killed her.Demetris Demetriou flew from Cyprus to New York to meet with prosecutors Friday - two days before he proudly collects the doctorate daughter Panayiota Demetriou earned from Pace University.
"She was destined for greater things," the 53-year-old dad told the Daily News in an exclusive interview.
"I have nothing against God, I believe she was at the wrong place at the wrong time. I don't believe it was her fate or destiny to die there. Her life was taken by somebody who was irresponsible.
"Sure, life goes on, but life will never, ever be the same. Our life has been blackened forever. She was the shining star of our house."
Panayiota, 30, was hailed as a brilliant student. She was returning home after celebrating the completion of her doctoral dissertation when she was killed Nov. 16.
Police say Daryush Omar was drunk when he slammed his car into her livery cab, killing both her and driver Bessy Velasquez.
Omar, who had a suspended license, is also suspected of fatally beating and robbing banker Thomas Whitney Jr. outside a Manhattan club in 2006.
The murder prosecution stalled and Omar couldn't be deported because neither Pakistan nor Afghanistan - the countries to which he has ties - would take him.
Demetris Demetriou - who came to New York with sons Andreas, 26, and Kyriacos, 22 - wants to make sure Omar doesn't slip through any more loopholes.
The family is to meet with representatives of the Queens district attorney's office to press the issue, said their lawyer, Sanford Rubenstein.
"This family wants the maximum criminal punishment to set an example so no other family will have to suffer such a horrible tragedy," Rubenstein said.
On Sunday, the three men will receive Panayiota Demetriou's bound psychology dissertation and doctorate diploma from Pace University at a ceremony that is bound to emotional.
A group of her classmates defended her dissertation before a school panel to ensure her posthumous appointment as a Ph.D. in psychology.
Panayiota Demetriou had just finished the paper on the night of her death and went out to celebrate with best friend Eleni Toumarides.
"I feel very lucky to have lived her last moments with her, knowing how happy she was," said Toumarides, who was dropped in Astoria minutes before the accident.
Panayiota Demetriou is buried in her homeland - in a plot her father bought several years ago for himself, next to his own father.
"Little did I know it would be one of my children buried there," he said.
An auditorium at her high school in Cyprus has been named in Demetriou's honor, and the family is setting up a foundation.
"Our goal is to keep her memory alive because my sister didn't live long enough to achieve her dreams," said Kyriacos Demetriou.
Andreas Demetriou has done that with words he had tattooed on his torso:
"So suddenly you left and slipped away. Taken by angels. Why couldn't you stay? Was it to be? Was it your fate? In my life you sparkled so bright. My sister in heaven. Again we'll meet.
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