Two stories follow:
Date: 5/27/2009
Police: Boy, 12, hits car while driving drunk dad
TAMPA, Fla. (AP) — Tampa Police have arrested a man they say sat drunk in the passenger seat of his SUV while he let his 12-year-old son drive. Authorities say the boy hit a pregnant woman’s car while making a turn.
Both vehicles had minor damage Saturday. No injuries were reported, but the woman asked to be taken to a hospital as a precaution. She was eight months pregnant.
Police say the boy’s father, 32-year-old Adrian Kegler, was clearly intoxicated. He wasn’t given a breathalyzer test because he wasn’t driving.
Before being released on bail, Kegler was charged with culpable negligence with actual injury. Kegler also was charged with permitting an unauthorized person to drive and child neglect.
A woman who answered the phone at Kegler’s house declined comment.
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Information from: St. Petersburg Times, http://tampabay.com
Date: 5/27/2009
7-year-old drives for help after crash in NM
CLOVIS, N.M. (AP) — A 7-year-old girl survived a crash that killed her father and drove the family’s damaged vehicle to get help, police said.
State police Capt. Jimmy Glascock says 40-year-old Guillermo Montes of Bovina, Texas, was thrown out of the vehicle Saturday night when it went off a highway and rolled over, coming to rest in a field in Curry County.
Glascock says little Elizabeth Kazza realized her father was dead and drove for about three miles until a passing motorist spotted her.
“(It took) a lot of courage. … It’s remarkable anybody could drive after something like that,” Glascock said.
Authorities found Montes dead at the scene. The girl and her 4-year-old brother were treated for minor injuries.
State police said Wednesday that Elizabeth told officers her dad was driving to Clovis, about 25 miles from Bovina, to get beer when they crashed.
They said alcohol was believed to be a factor in the crash. Glascock said beer bottles were found at the scene, and that Elizabeth and her younger brother said Montes was drinking as he drove.
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Information from: Clovis News Journal, http://www.cnjonline.com
Copyright 2009 The Associated Press.
Angels mourn death of rookie pitcher Nick Adenhart
Date: 4/10/2009
BETH HARRIS
AP Sports Writer
LOS ANGELES (AP) — Jim Adenhart walked to the empty pitcher’s mound in Angels Stadium where his son spent the last night of his life. He spent several quiet moments there, briefly covering his eyes with one hand.
The shock of Nick Adenhart’s death early Thursday in a car wreck caused by a suspected drunk driver was beginning to sink in for family, teammates and fans of the Los Angeles Angels rookie. Adenhart’s death came hours after his best showing yet in the major leagues.
Fans placed flowers, baseballs, posters and Rally Monkeys at a makeshift memorial on the pitcher’s mound of the replica brick infield near the stadium gates.
“He was here pitching yesterday, six amazing innings, had a really good game,” 17-year-old fan Rachel Watson said Thursday. “Today, he’s gone.”
The Angels planned to pay tribute to the 22-year-old pitcher before Friday night’s opener of a three-game series against Boston in Anaheim. They will wear a patch or emblem on their jerseys the rest of the season to honor him.
The team postponed Thursday night’s series finale against Oakland to mourn Adenhart, who was killed along with two other passengers in a car crash early Thursday in neighboring Fullerton.
The car they were riding in was broadsided in an intersection by a minivan that apparently ran a red light, police said.
Andrew Thomas Gallo, 22, of Riverside, was driving on a suspended license because of a previous drunk driving conviction. Preliminary results indicated Gallo’s blood-alcohol level was “substantially over the legal limit” of .08 percent, police Lt. Kevin Hamilton said.
Gallo was booked into jail on three counts of murder, three counts of vehicular manslaughter, felony hit-and-run and driving under the influence of alcohol. No bail was set.
Outside Angels Stadium, a pile of flowers and tributes grew steadily.
“No. 34, You are one more Angel in heaven,” a poster read. Scribbled on a baseball was, “Now you play for another Angels team.”
Inside the clubhouse, the team met privately Thursday to remember Adenhart, who made the major league opening day roster for the first time in his career after overcoming a devastating elbow injury and subsequent surgery in 2004.
“A lot of these guys in here have never lost anybody in their family that’s close to them. I hate that this happened, but this is part of life. This is the real deal,” outfielder Torii Hunter said. “That’s why you’ve got to kiss your kids, kiss your family every day when you get up in the morning and before you leave for work.”
Adenhart was killed hours after making his season debut with his father in the stands, throwing six scoreless innings against the Oakland Athletics. The Angels ultimately lost the game, 6-4.
“It is a tragedy that will never be forgotten,” Angels manager Mike Scioscia said.
The rookie pitcher’s father spoke to the team during its meeting Thursday.
“He just wanted to say thank you for the opportunity, thank you for raising his kid in minor league ball on up through the system in the Angels’ organization,” Hunter said.
Adenhart died in surgery following the accident. Henry Pearson of Manhattan Beach, a 25-year-old passenger in the car, and the driver, 20-year-old Courtney Stewart of Diamond Bar, were pronounced dead at the scene, police said.
Stewart was a student at nearby Cal State Fullerton, where she was a former cheerleader.
Another passenger, 24-year-old Jon Wilhite of Manhattan Beach, remained in critical but stable condition Friday and doctors believe he will survive, said John Murray, a spokesman for UC Irvine Medical Center. He was being medically sedated, Murray said. Wilhite played baseball from 2004-08 at Cal State Fullerton.
Stewart’s mother said Adenhart and the others had gone dancing at a club about a block away from the crash site.
At the ballpark Wednesday night, Adenhart made just his fourth major league start and left with a 4-0 lead, before the bullpen gave away what would have been his second big league win.
During Thursday’s closed-door session, “we were just kind of reminiscing about what Nick brought to the team, to the clubhouse,” Hunter said.
“He was a very funny kid and he’s going to be missed,” he said. “Every time you come to the stadium and you go in that clubhouse, you’re looking at Nick Adenhart’s locker.”
Adenhart had made a slow climb to reach the majors.
He hurt his pitching elbow two weeks before the June 2004 major league draft, when he was projected as a top-five pick out of Williamsport High in Maryland.
The setback dropped him to the 14th round, where the Angels selected him anyway. He had Tommy John surgery — a reconstructive operation on an elbow ligament — later that month and spent most of next four seasons in the minors.
Adenhart had a 9.00 ERA in three starts for the Angels last season, but Scioscia said last month the right-hander had worked hard over the winter and arrived at spring training with a purpose.
He was made the No. 3 starter as the season began this week because of injuries to John Lackey, Ervin Santana and Kelvim Escobar, all of whom are on the disabled list.
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AP Sports Writer Ken Peters in Anaheim, Calif., contributed to this report.
Copyright 2009 The Associated Press.
BETH HARRIS
AP Sports Writer
LOS ANGELES (AP) — Jim Adenhart walked to the empty pitcher’s mound in Angels Stadium where his son spent the last night of his life. He spent several quiet moments there, briefly covering his eyes with one hand.
The shock of Nick Adenhart’s death early Thursday in a car wreck caused by a suspected drunk driver was beginning to sink in for family, teammates and fans of the Los Angeles Angels rookie. Adenhart’s death came hours after his best showing yet in the major leagues.
Fans placed flowers, baseballs, posters and Rally Monkeys at a makeshift memorial on the pitcher’s mound of the replica brick infield near the stadium gates.
“He was here pitching yesterday, six amazing innings, had a really good game,” 17-year-old fan Rachel Watson said Thursday. “Today, he’s gone.”
The Angels planned to pay tribute to the 22-year-old pitcher before Friday night’s opener of a three-game series against Boston in Anaheim. They will wear a patch or emblem on their jerseys the rest of the season to honor him.
The team postponed Thursday night’s series finale against Oakland to mourn Adenhart, who was killed along with two other passengers in a car crash early Thursday in neighboring Fullerton.
The car they were riding in was broadsided in an intersection by a minivan that apparently ran a red light, police said.
Andrew Thomas Gallo, 22, of Riverside, was driving on a suspended license because of a previous drunk driving conviction. Preliminary results indicated Gallo’s blood-alcohol level was “substantially over the legal limit” of .08 percent, police Lt. Kevin Hamilton said.
Gallo was booked into jail on three counts of murder, three counts of vehicular manslaughter, felony hit-and-run and driving under the influence of alcohol. No bail was set.
Outside Angels Stadium, a pile of flowers and tributes grew steadily.
“No. 34, You are one more Angel in heaven,” a poster read. Scribbled on a baseball was, “Now you play for another Angels team.”
Inside the clubhouse, the team met privately Thursday to remember Adenhart, who made the major league opening day roster for the first time in his career after overcoming a devastating elbow injury and subsequent surgery in 2004.
“A lot of these guys in here have never lost anybody in their family that’s close to them. I hate that this happened, but this is part of life. This is the real deal,” outfielder Torii Hunter said. “That’s why you’ve got to kiss your kids, kiss your family every day when you get up in the morning and before you leave for work.”
Adenhart was killed hours after making his season debut with his father in the stands, throwing six scoreless innings against the Oakland Athletics. The Angels ultimately lost the game, 6-4.
“It is a tragedy that will never be forgotten,” Angels manager Mike Scioscia said.
The rookie pitcher’s father spoke to the team during its meeting Thursday.
“He just wanted to say thank you for the opportunity, thank you for raising his kid in minor league ball on up through the system in the Angels’ organization,” Hunter said.
Adenhart died in surgery following the accident. Henry Pearson of Manhattan Beach, a 25-year-old passenger in the car, and the driver, 20-year-old Courtney Stewart of Diamond Bar, were pronounced dead at the scene, police said.
Stewart was a student at nearby Cal State Fullerton, where she was a former cheerleader.
Another passenger, 24-year-old Jon Wilhite of Manhattan Beach, remained in critical but stable condition Friday and doctors believe he will survive, said John Murray, a spokesman for UC Irvine Medical Center. He was being medically sedated, Murray said. Wilhite played baseball from 2004-08 at Cal State Fullerton.
Stewart’s mother said Adenhart and the others had gone dancing at a club about a block away from the crash site.
At the ballpark Wednesday night, Adenhart made just his fourth major league start and left with a 4-0 lead, before the bullpen gave away what would have been his second big league win.
During Thursday’s closed-door session, “we were just kind of reminiscing about what Nick brought to the team, to the clubhouse,” Hunter said.
“He was a very funny kid and he’s going to be missed,” he said. “Every time you come to the stadium and you go in that clubhouse, you’re looking at Nick Adenhart’s locker.”
Adenhart had made a slow climb to reach the majors.
He hurt his pitching elbow two weeks before the June 2004 major league draft, when he was projected as a top-five pick out of Williamsport High in Maryland.
The setback dropped him to the 14th round, where the Angels selected him anyway. He had Tommy John surgery — a reconstructive operation on an elbow ligament — later that month and spent most of next four seasons in the minors.
Adenhart had a 9.00 ERA in three starts for the Angels last season, but Scioscia said last month the right-hander had worked hard over the winter and arrived at spring training with a purpose.
He was made the No. 3 starter as the season began this week because of injuries to John Lackey, Ervin Santana and Kelvim Escobar, all of whom are on the disabled list.
___
AP Sports Writer Ken Peters in Anaheim, Calif., contributed to this report.
Copyright 2009 The Associated Press.
Ohio man charged with drunken driving on bar stool
Date: 3/31/2009
NEWARK, Ohio (AP) — Authorities in Ohio say a man has been charged with drunken driving after crashing his motorized bar stool.
Police in Newark, 30 miles east of Columbus, say when they responded to a report of a crash with injuries on March 4, they found a man who had wrecked a bar stool powered by a deconstructed lawn mower.
Twenty-eight-year Kile Wygle was hospitalized for minor injuries. Police say he was charged with operating a vehicle while intoxicated after he told an officer at the hospital that he had consumed 15 beers. Wygle told police his motorized bar stool can go up to 38 mph.
Wygle has pleaded not guilty and has requested a jury trial.
Copyright 2009 The Associated Press.
NEWARK, Ohio (AP) — Authorities in Ohio say a man has been charged with drunken driving after crashing his motorized bar stool.
Police in Newark, 30 miles east of Columbus, say when they responded to a report of a crash with injuries on March 4, they found a man who had wrecked a bar stool powered by a deconstructed lawn mower.
Twenty-eight-year Kile Wygle was hospitalized for minor injuries. Police say he was charged with operating a vehicle while intoxicated after he told an officer at the hospital that he had consumed 15 beers. Wygle told police his motorized bar stool can go up to 38 mph.
Wygle has pleaded not guilty and has requested a jury trial.
Copyright 2009 The Associated Press.
Ex-congressman may get jail for drunken driving
Date: 12/8/2008
By DEVLIN BARRETT
Associated Press Writer
ALEXANDRIA, Va. (AP) — Disgraced former Rep. Vito Fossella is headed to court to find out if he has to serve jail time for a drunken-driving incident that wrecked his career by revealing he’d fathered a child from an extramarital affair.
A judge has scheduled a Monday afternoon hearing to decide if Fossella, a New York City congressman for more than a decade, was so drunk he should be slapped with a five-day jail sentence.
Fossella was arrested after running a red light on May 1 in a Virginia suburb of Washington, and convicted of drunken driving in October. Under Virginia law, a driver who registers a blood alcohol content of 0.15 or higher must serve five days behind bars. Police say Fossella’s blood alcohol content was 0.17.
The arrest led to revelations that Fossella — who has a wife and three children in his home district of Staten Island — also had a young daughter with a former Air Force officer.
Fossella decided not to seek re-election this year, and a Democrat won his seat. Now, Fossella faces the prospect of ending his once-promising political career with a stint in the slammer.
Judge Becky Moore of Alexandria General District Court has received pre-sentencing arguments from both sides.
In court papers, Fossella’s lawyer, Jerry Phillips, contends the machine the police used to test Fossella’s blood alcohol content was faulty and for that reason he should not face jail time.
The lawyer is asking the judge to sentence Fossella to a suspended jail sentence, an alcohol safety course and a one-year suspension of his driver’s license in Virginia.
Prosecutor David Lord dismissed the contention there was anything wrong with Fossella’s intoxication test results, and suggested Fossella may have pounded drinks just before getting behind the wheel, which would have led to his 0.17 reading on the machine.
“It is a reasonable inference that if a person ‘slams’ or rapidly consumes alcohol immediately before leaving a bar, the suspect will experience a rising BAC at the time of arrest,” Lord argued, referring to the blood alcohol level.
Copyright 2008 The Associated Press.
By DEVLIN BARRETT
Associated Press Writer
ALEXANDRIA, Va. (AP) — Disgraced former Rep. Vito Fossella is headed to court to find out if he has to serve jail time for a drunken-driving incident that wrecked his career by revealing he’d fathered a child from an extramarital affair.
A judge has scheduled a Monday afternoon hearing to decide if Fossella, a New York City congressman for more than a decade, was so drunk he should be slapped with a five-day jail sentence.
Fossella was arrested after running a red light on May 1 in a Virginia suburb of Washington, and convicted of drunken driving in October. Under Virginia law, a driver who registers a blood alcohol content of 0.15 or higher must serve five days behind bars. Police say Fossella’s blood alcohol content was 0.17.
The arrest led to revelations that Fossella — who has a wife and three children in his home district of Staten Island — also had a young daughter with a former Air Force officer.
Fossella decided not to seek re-election this year, and a Democrat won his seat. Now, Fossella faces the prospect of ending his once-promising political career with a stint in the slammer.
Judge Becky Moore of Alexandria General District Court has received pre-sentencing arguments from both sides.
In court papers, Fossella’s lawyer, Jerry Phillips, contends the machine the police used to test Fossella’s blood alcohol content was faulty and for that reason he should not face jail time.
The lawyer is asking the judge to sentence Fossella to a suspended jail sentence, an alcohol safety course and a one-year suspension of his driver’s license in Virginia.
Prosecutor David Lord dismissed the contention there was anything wrong with Fossella’s intoxication test results, and suggested Fossella may have pounded drinks just before getting behind the wheel, which would have led to his 0.17 reading on the machine.
“It is a reasonable inference that if a person ‘slams’ or rapidly consumes alcohol immediately before leaving a bar, the suspect will experience a rising BAC at the time of arrest,” Lord argued, referring to the blood alcohol level.
Copyright 2008 The Associated Press.
Ex-Illinois gym coach faces drunk-driving charge
Date: 10/28/2008
By DAVID MERCER
Associated Press Writer
By DAVID MERCER
Associated Press Writer
CHAMPAIGN, Ill. (AP) _ A former University of Illinois gymnastics coach resigned because of personal issues, including a pending drunk-driving charge in Wisconsin, and is cooperating with an investigation into a video camera found in a locker room, his attorney said Tuesday.
Jon Valdez, who trained Beijing Olympic bronze medalist Justin Spring, resigned as an assistant coach from the Illinois men’s team on Oct. 17.
“I can’t go into the details of his resignation other than to say he was undergoing some serious personal issues, and that was one of them,” said attorney Lance Northcutt of Chicago, who is not representing Valdez in the DWI case.
Court records from Waukesha County in Wisconsin indicate the 39-year-old Valdez was charged with operating while under the influence after a Sept. 18 arrest. He’s pleaded not guilty.
Someone who answered a call to Valdez’s cell phone Tuesday hung up and a real estate agent who answered the door at his Urbana home said he wasn’t there. The agent said she was showing the home, which is for sale.
Northcutt and university officials have declined to say whether the video camera investigation was a factor in Valdez’s resignation, which the attorney said was voluntary. University police hope to finish their investigation into the video camera by the end of the week and send it to Champaign County prosecutors, who would decide whether to file charges.
“Right now, no charges have been filed. And we have not been told by anyone that charges will be filed,” Northcutt said.
A student found the small wireless camera inside a locker Sept. 25, university police Lt. Roy Acree said. It was pointed out of the locker through a small opening and “would be able to capture images of people changing their clothes,” he said.
He declined to say which locker room the camera was in, other than that it wasn’t a room used by students outside the university’s athletics programs. Acree said the camera wasn’t transmitting images to a computer or over the Internet, but wouldn’t say whether investigators found any stored images.
Northcutt declined to discuss the investigation’s details.
“We are cooperating with the investigation, and will continue to cooperate as best as we can,” he said.
In the DWI case, Valdez was pulled over Sept. 18 by a Wisconsin state trooper in Brookfield, Wis., about 10 miles west of Milwaukee, according to the Waukesha County District Attorney’s office. A spokeswoman for the office said Valdez has no prior criminal record.
He pleaded not guilty on Oct. 20 and is due in court again on Nov. 17.
Attorney Christopher Strohbehn of Waukesha, Wis., is representing Valdez in that case. He didn’t immediately return a call for comment Tuesday.
Illinois head gymnastics coach Yoshi Hayasaki said Tuesday that he didn’t think Valdez resigned over the arrest, but referred further questions to Assistant Athletic Director Kent Brown. Brown declined to comment on the resignation.
Valdez had been on the Illini coaching staff since 2000 and is Spring’s personal coach. He accompanied Spring to the Beijing Olympics, where the U.S. men won the bronze medal.
Efforts to reach Spring and several members of the Illinois men’s team Tuesday by telephone and e-mail were not successful.
“USA Gymnastics will follow the progress of this investigation and address the issue accordingly,” USA Gymnastics President Steve Penny said.
On April 25, the UI announced Valdez had been promoted from assistant coach and would succeed Hayasaki as head coach when Hayasaki retired following the 2008-09 season. The university now says it is looking for an assistant to replace Valdez.
Associated Press National Writer Nancy Armour contributed to this report from Chicago.
Copyright 2008 The Associated Press.
Santa Fe Opera settles suit over wrong-way crash
Date: 10/23/2008 7:14 PM
SANTA FE, N.M. (AP) _ The Santa Fe Opera and the estate of an employee have reached a settlement with relatives of a family killed in a drunken, wrong-way interstate crash triggered by the worker, who was returning from a business trip.
The attorney for the opera, Michael W. Brennan, characterized the settlements reached this year as “substantial” but said the exact amount is confidential.
Opera employee Dana Papst drove the wrong way on Interstate 25 south of Santa Fe in November 2006 and crashed into a minivan. He died the next morning.
The crash also killed the van’s driver, Paul Gonzales of Las Vegas, N.M.; his wife, Renee Collins-Gonzales and three of their children. Arissa Garcia, then 15, survived.
Tests showed Papst’s blood-alcohol content was four times the legal limit for driving.
Papst had been seen drinking on a US Airways flight to Albuquerque that day, and other passengers said he appeared to be drunk.
Police have said that after the flight landed, Papst bought a six-pack of beer in Bernalillo and drove north, eventually turning off the northbound lanes and driving the wrong way for five miles before striking the van.
The opera’s insurance company chose to settle the case rather than go to trial.
Court records show that Ever Ready Oil Co., Chevron Redi-Mart in Bernalillo and US Airways remain defendants in the lawsuit.
The state Department of Public Safety cited the Chevron Redi-Mart after the crash. The store, which later closed, was owned by Ever Ready Oil.
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Information from: The Santa Fe New Mexican, http://www.sfnewmexican.com
Copyright 2008 The Associated Press.
NY county alters internet DWI ‘Wall of Shame’
Date: 10/22/2008 5:14 AM
By FRANK ELTMAN
Associated Press Writer
MINEOLA, N.Y. (AP) _ Motorists charged with drunken driving will no longer be depicted on Nassau County’s internet “Wall of Shame” in light of a judge’s ruling that posting the arrests on a Web site violates due process.
County Executive Tom Suozzi insists the county is within its rights to distribute the names and photographs of accused drunken drivers but said Tuesday he would wait until suspects are convicted before listing them on the Internet.
Attorneys who represent accused drunken drivers said that is still not acceptable and punishes people beyond what state statutes allow.
Suozzi’s announcement came a day after state Supreme Court Judge William LaMarca ruled that announcing the drunken driving arrests before a suspect has a chance to make his case in court violates due process rights.
The judge’s ruling applied only to an individual who sued over the policy, but Suozzi conceded it is likely to invite additional lawsuits.
Although he plans to appeal the ruling, Suozzi said the county will now only list those convicted of DWI-related crimes after a trial or plea bargain.
Holding up newspapers trumpeting the arrest of New York Yankees star pitcher Joba Chamberlain on suspected drunken driving charges last weekend in Nebraska, Suozzi took issue with LaMarca’s ruling that the Web site creates “limitless and eternal notoriety.” He said he fails to see a difference between publication in a newspaper or the Internet.
“The objective of what we’re trying to do here is to change the culture that exists related to drunk driving, that it’s not just a socially acceptable crime,” Suozzi said.
The county initiated the Wall of Shame effort last Memorial Day weekend after a highway patrol officer who had stopped one suspected drunken driver on the Long Island Expressway was struck and seriously injured by a second driver, also suspected of being under the influence.
Since Memorial Day, about 1,400 drivers accused of being under the influence of alcohol have appeared on the county’s Web site. Police officials also said DWI-related arrests are up 6 percent over the same period a year ago.
Brian Griffin, an attorney who represented the person who sued the county, said the revised policy still violates state law. Griffin contends that if Suozzi wants to list convicted drunken drivers on the Web site, he will need legislative approval.
He cited a 1995 state Court of Appeals ruling that found a judge was wrong to order a repeat drunken driver to display a “CONVICTED DWI” license plate.
In that ruling, the state’s highest court said: “While innovative ideas to address the serious problem of recidivist drunk driving are not to be discouraged, the courts must act within the limits of their authority and cannot overreach by using their probationary powers to accomplish what only the legislative branch can do.”
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On the Net:
http://www.nassaucountyny.gov
Copyright 2008 The Associated Press.
By FRANK ELTMAN
Associated Press Writer
MINEOLA, N.Y. (AP) _ Motorists charged with drunken driving will no longer be depicted on Nassau County’s internet “Wall of Shame” in light of a judge’s ruling that posting the arrests on a Web site violates due process.
County Executive Tom Suozzi insists the county is within its rights to distribute the names and photographs of accused drunken drivers but said Tuesday he would wait until suspects are convicted before listing them on the Internet.
Attorneys who represent accused drunken drivers said that is still not acceptable and punishes people beyond what state statutes allow.
Suozzi’s announcement came a day after state Supreme Court Judge William LaMarca ruled that announcing the drunken driving arrests before a suspect has a chance to make his case in court violates due process rights.
The judge’s ruling applied only to an individual who sued over the policy, but Suozzi conceded it is likely to invite additional lawsuits.
Although he plans to appeal the ruling, Suozzi said the county will now only list those convicted of DWI-related crimes after a trial or plea bargain.
Holding up newspapers trumpeting the arrest of New York Yankees star pitcher Joba Chamberlain on suspected drunken driving charges last weekend in Nebraska, Suozzi took issue with LaMarca’s ruling that the Web site creates “limitless and eternal notoriety.” He said he fails to see a difference between publication in a newspaper or the Internet.
“The objective of what we’re trying to do here is to change the culture that exists related to drunk driving, that it’s not just a socially acceptable crime,” Suozzi said.
The county initiated the Wall of Shame effort last Memorial Day weekend after a highway patrol officer who had stopped one suspected drunken driver on the Long Island Expressway was struck and seriously injured by a second driver, also suspected of being under the influence.
Since Memorial Day, about 1,400 drivers accused of being under the influence of alcohol have appeared on the county’s Web site. Police officials also said DWI-related arrests are up 6 percent over the same period a year ago.
Brian Griffin, an attorney who represented the person who sued the county, said the revised policy still violates state law. Griffin contends that if Suozzi wants to list convicted drunken drivers on the Web site, he will need legislative approval.
He cited a 1995 state Court of Appeals ruling that found a judge was wrong to order a repeat drunken driver to display a “CONVICTED DWI” license plate.
In that ruling, the state’s highest court said: “While innovative ideas to address the serious problem of recidivist drunk driving are not to be discouraged, the courts must act within the limits of their authority and cannot overreach by using their probationary powers to accomplish what only the legislative branch can do.”
___
On the Net:
http://www.nassaucountyny.gov
Copyright 2008 The Associated Press.
NY congressman convicted of drunken driving
Date: 10/17/2008 9:11 PM
By DEVLIN BARRETT
Associated Press Writer
ALEXANDRIA, Va. (AP) _ Rep. Vito Fossella was convicted Friday of drunken driving in suburban Virginia, another blow from a late-night traffic stop that exposed secrets of his personal life and wrecked his career.
After a daylong trial at Alexandria General District Court, Judge Becky Moore found Fossella guilty of driving under the influence when he was pulled over for running a red light shortly after midnight on May 1. The arrest led to revelations that he had fathered a child from an extramarital affair, and he decided not to seek re-election. Fossella, New York City’s only Republican congressman, was first elected to the House in 1997.
The judge said she would hold a hearing Dec. 8 to determine if prosecutors had met the legal threshold for high blood alcohol content, which would mean a mandatory five-day jail sentence.
Crying friends hugged Fossella in the courtroom after the verdict.
“Don’t worry. It’ll be OK,” he told them.
The congressman declined to speak to reporters as he left the courthouse but issued a statement saying he was grateful the trial gave “an honest and straightforward account” of the events.
“I made a serious mistake and I want to again apologize for setting the wrong example,” he said. “I believe we live in a nation of laws, that no one person is above the law and I look forward to the judge’s final determination in December.”
Fossella’s day in court featured hours of dry, technical testimony, but also talk about a White House party, an Intoxilyzer 5000 breath-test machine and the congressman’s bowels.
The afternoon before his arrest, Fossella had been at the White House celebrating the New York Giants’ Super Bowl victory, but witnesses insisted no alcohol was served or consumed there.
Later, he went to dinner with friends where he had “no more than a glass and a half” of wine, he testified, plus a few more sips at a tavern.
Police officer Jamie Gernatt said he stopped Fossella’s car that night for running a red light, and the driver, Fossella, appeared to be drunk.
“There was a strong odor of alcoholic beverage coming from the car and his lips were stained red,” Gernatt testified. The police officer said Fossella told him he’d had two or three glasses of wine, but had bloodshot eyes and made mistakes in sobriety tests.
Police say his blood-alcohol content level was 0.17 percent, more than twice the legal limit, and under state law anyone convicted of having a BAC above 0.15 must serve a mandatory five-day jail term.
In announcing her verdict, the judge said she would hear arguments on that issue later.
Through the day’s evidence, Fossella listened glumly but intently to the evidence. At one point, he looked incredulous as Gernatt described one of their conversations on the night of the arrest, but otherwise he showed little reaction.
Another officer, Richard Sandoval, described strange behavior by Fossella when he was brought to a police station to submit to a breath test by the Intoxilyzer 5000.
At one point, according to Sandoval, Fossella asked to go to the bathroom and was told he couldn’t. At that point, the congressman said he would have to defecate in the room.
Sandoval said he told Fossella they were “guests” at the police station, and “he wasn’t going to defecate” in it.
On the witness stand, the congressman denied the story, saying that the officer had yelled at him and mocked him at times during the breath testing.
Defense lawyer Jerry Phillips challenged the types of field sobriety tests given to Fossella and spent hours trying to prove the Intoxilyzer 5000 machine gave bad readings due to interference from police radios and because Fossella used a hand sanitizer.
The judge rejected a defense claim the first officer had no grounds to arrest Fossella.
Police said the married 43-year-old told them when he was pulled over that he was headed to see his sick daughter. Given that his wife and children live in New York, that statement set off alarms and eventually led to the revelation he had secretly fathered a daughter, now 3 years old, with a Virginia woman, Laura Fay, a former Air Force officer and congressional liaison.
After admitting the relationship, Fossella announced he would not seek re-election, a drastic fall for a politician once viewed as a potential mayor of New York City. His downfall has also created an opportunity for Democrats to gain a seat in Congress in November.
Fossella’s troubles have only further hurt his state party’s election chances next month. If a Democrat wins Fossella’s seat, it will mark the first time in 35 years that all of New York City has been represented by Democrats.
Copyright 2008 The Associated Press.
Summary
By DEVLIN BARRETT
Associated Press Writer
ALEXANDRIA, Va. (AP) _ Rep. Vito Fossella was convicted Friday of drunken driving in suburban Virginia, another blow from a late-night traffic stop that exposed secrets of his personal life and wrecked his career.
After a daylong trial at Alexandria General District Court, Judge Becky Moore found Fossella guilty of driving under the influence when he was pulled over for running a red light shortly after midnight on May 1. The arrest led to revelations that he had fathered a child from an extramarital affair, and he decided not to seek re-election. Fossella, New York City’s only Republican congressman, was first elected to the House in 1997.
The judge said she would hold a hearing Dec. 8 to determine if prosecutors had met the legal threshold for high blood alcohol content, which would mean a mandatory five-day jail sentence.
Crying friends hugged Fossella in the courtroom after the verdict.
“Don’t worry. It’ll be OK,” he told them.
The congressman declined to speak to reporters as he left the courthouse but issued a statement saying he was grateful the trial gave “an honest and straightforward account” of the events.
“I made a serious mistake and I want to again apologize for setting the wrong example,” he said. “I believe we live in a nation of laws, that no one person is above the law and I look forward to the judge’s final determination in December.”
Fossella’s day in court featured hours of dry, technical testimony, but also talk about a White House party, an Intoxilyzer 5000 breath-test machine and the congressman’s bowels.
The afternoon before his arrest, Fossella had been at the White House celebrating the New York Giants’ Super Bowl victory, but witnesses insisted no alcohol was served or consumed there.
Later, he went to dinner with friends where he had “no more than a glass and a half” of wine, he testified, plus a few more sips at a tavern.
Police officer Jamie Gernatt said he stopped Fossella’s car that night for running a red light, and the driver, Fossella, appeared to be drunk.
“There was a strong odor of alcoholic beverage coming from the car and his lips were stained red,” Gernatt testified. The police officer said Fossella told him he’d had two or three glasses of wine, but had bloodshot eyes and made mistakes in sobriety tests.
Police say his blood-alcohol content level was 0.17 percent, more than twice the legal limit, and under state law anyone convicted of having a BAC above 0.15 must serve a mandatory five-day jail term.
In announcing her verdict, the judge said she would hear arguments on that issue later.
Through the day’s evidence, Fossella listened glumly but intently to the evidence. At one point, he looked incredulous as Gernatt described one of their conversations on the night of the arrest, but otherwise he showed little reaction.
Another officer, Richard Sandoval, described strange behavior by Fossella when he was brought to a police station to submit to a breath test by the Intoxilyzer 5000.
At one point, according to Sandoval, Fossella asked to go to the bathroom and was told he couldn’t. At that point, the congressman said he would have to defecate in the room.
Sandoval said he told Fossella they were “guests” at the police station, and “he wasn’t going to defecate” in it.
On the witness stand, the congressman denied the story, saying that the officer had yelled at him and mocked him at times during the breath testing.
Defense lawyer Jerry Phillips challenged the types of field sobriety tests given to Fossella and spent hours trying to prove the Intoxilyzer 5000 machine gave bad readings due to interference from police radios and because Fossella used a hand sanitizer.
The judge rejected a defense claim the first officer had no grounds to arrest Fossella.
Police said the married 43-year-old told them when he was pulled over that he was headed to see his sick daughter. Given that his wife and children live in New York, that statement set off alarms and eventually led to the revelation he had secretly fathered a daughter, now 3 years old, with a Virginia woman, Laura Fay, a former Air Force officer and congressional liaison.
After admitting the relationship, Fossella announced he would not seek re-election, a drastic fall for a politician once viewed as a potential mayor of New York City. His downfall has also created an opportunity for Democrats to gain a seat in Congress in November.
Fossella’s troubles have only further hurt his state party’s election chances next month. If a Democrat wins Fossella’s seat, it will mark the first time in 35 years that all of New York City has been represented by Democrats.
Copyright 2008 The Associated Press.
Summary
Police: 10-year-old driver flips van in Tenn.
Date: 10/7/2008 12:44 PM
BLOUNTVILLE, Tenn. (AP) _ A 10-year-old was driving up to 90 mph when he crashed a van carrying a man who told police he had drank at least 15 beers and a woman who was trying to swallow as many pills as she could when deputies arrived at the scene, Tennessee authorities said Tuesday.
The young driver lost control and the vehicle rolled, coming to rest on its top in northeastern Tennessee, Sullivan County authorities said. The two adults and three children in the van were taken to Bristol Memorial Hospital with minor injuries following Sunday’s crash.
Police charged 43-year-old Randy Lewis of Bristol with seven violations, including third offense DUI and felony reckless endangerment. People can be charged with DUI in Tennessee if they own the vehicle, even if they are not driving. A booking photo released by the Sheriff’s Office showed Lewis wearing a T-shirt that said, “Buy this dad a beer.”
Paula Elaine Evans, who is 38 and also of Bristol, faces charges that include aggravated child abuse or neglect.
Lewis and Evans were being held in the Sullivan County Jail after a judge increased their bonds on Tuesday to $50,000 each at an arraignment hearing.
County jailers did not know if Lewis and Evans had retained attorneys and no one was immediately available to answer questions at the Sullivan County Public Defender’s office.
The sheriff’s office said Lewis acknowledged drinking liquor besides the beers.
The children — two 10-year-olds and a 6-year-old — were related to the adults, said authorities who declined to further detail the relationships.
The children were released to the Tennessee Children’s Services Department after being treated at the hospital.
Copyright 2008 The Associated Press.
BLOUNTVILLE, Tenn. (AP) _ A 10-year-old was driving up to 90 mph when he crashed a van carrying a man who told police he had drank at least 15 beers and a woman who was trying to swallow as many pills as she could when deputies arrived at the scene, Tennessee authorities said Tuesday.
The young driver lost control and the vehicle rolled, coming to rest on its top in northeastern Tennessee, Sullivan County authorities said. The two adults and three children in the van were taken to Bristol Memorial Hospital with minor injuries following Sunday’s crash.
Police charged 43-year-old Randy Lewis of Bristol with seven violations, including third offense DUI and felony reckless endangerment. People can be charged with DUI in Tennessee if they own the vehicle, even if they are not driving. A booking photo released by the Sheriff’s Office showed Lewis wearing a T-shirt that said, “Buy this dad a beer.”
Paula Elaine Evans, who is 38 and also of Bristol, faces charges that include aggravated child abuse or neglect.
Lewis and Evans were being held in the Sullivan County Jail after a judge increased their bonds on Tuesday to $50,000 each at an arraignment hearing.
County jailers did not know if Lewis and Evans had retained attorneys and no one was immediately available to answer questions at the Sullivan County Public Defender’s office.
The sheriff’s office said Lewis acknowledged drinking liquor besides the beers.
The children — two 10-year-olds and a 6-year-old — were related to the adults, said authorities who declined to further detail the relationships.
The children were released to the Tennessee Children’s Services Department after being treated at the hospital.
Copyright 2008 The Associated Press.
Pair involved in LaBeouf crash charged
Date: 9/29/2008 7:56 PM
Pair involved in LaBeouf crash charged
LOS ANGELES (AP) _ Two people involved in an accident that injured Shia LaBeouf were charged Monday with giving police false information about the wreck.
The Los Angeles County District Attorney’s office said Monday it filed one misdemeanor count apiece for Herbert Simon, 22, and Kimberly Bent, 21. A spokeswoman for Los Angeles District Attorney Steve Cooley’s office said Bent told police after the crash that she was driving, but that investigators suspect Simon was behind the wheel.
The charges stem from a July accident in West Hollywood that left LaBeouf’s hand mangled, an injury that was written into script for the “Transformers” sequel that the actor was filming at the time.
LaBeouf was initially arrested on suspicion of drunken driving, but prosecutors announced Thursday that there was insufficient evidence to file a formal charge. Sheriff’s officials say the actor exhibited signs of being impaired during the early morning accident, and could lose his license for not submitting to a breathalyzer exam.
Attorney Michael Norris said last week that LaBeouf, 22, was pleased to not be facing a criminal case and that he is confident the actor’s license will not be suspended.
Investigators had previously determined that LaBeouf was not at fault for the wreck. Simon has already been issued a traffic citation for failing to stop at a red light in connection with the crash.
There is no arraignment date scheduled for Simon and Bent, and no further charges were expected. It could not be immediately determined Monday whether either of them had retained an attorney.
Copyright 2008 The Associated Press.
Pair involved in LaBeouf crash charged
LOS ANGELES (AP) _ Two people involved in an accident that injured Shia LaBeouf were charged Monday with giving police false information about the wreck.
The Los Angeles County District Attorney’s office said Monday it filed one misdemeanor count apiece for Herbert Simon, 22, and Kimberly Bent, 21. A spokeswoman for Los Angeles District Attorney Steve Cooley’s office said Bent told police after the crash that she was driving, but that investigators suspect Simon was behind the wheel.
The charges stem from a July accident in West Hollywood that left LaBeouf’s hand mangled, an injury that was written into script for the “Transformers” sequel that the actor was filming at the time.
LaBeouf was initially arrested on suspicion of drunken driving, but prosecutors announced Thursday that there was insufficient evidence to file a formal charge. Sheriff’s officials say the actor exhibited signs of being impaired during the early morning accident, and could lose his license for not submitting to a breathalyzer exam.
Attorney Michael Norris said last week that LaBeouf, 22, was pleased to not be facing a criminal case and that he is confident the actor’s license will not be suspended.
Investigators had previously determined that LaBeouf was not at fault for the wreck. Simon has already been issued a traffic citation for failing to stop at a red light in connection with the crash.
There is no arraignment date scheduled for Simon and Bent, and no further charges were expected. It could not be immediately determined Monday whether either of them had retained an attorney.
Copyright 2008 The Associated Press.