Is Life Sentence Too Harsh For Man Convicted of Ninth DWI?

[Phoenix]

http://abcnews.go.com/US/texas-man-life-sentence-ninth-dwi/story?id=11395058

Is Life Sentence Too Harsh For Man Convicted of Ninth DWI?
Texas District Attorney Says Punishment Fits Repeated Crime
By EMILY FRIEDMAN

Aug. 13, 2010 —

The ninth conviction was the breaking point for one Texas judge who earlier this week sentenced a habitual drunken driver to life in prison.

Bobby Stovall, 54, was driving his truck in Round Rock, Texas, in early July when he weaved through several lanes of traffic and hit another vehicle, injuring the driver. It was later determined that Stovall had a blood alcohol concentration of .32, four times the legal limit in Texas.

And while that DWI was certainly enough to get Stovall in trouble with the law, when the judge found out the defendant had eight prior DWI convictions across several different counties in Texas, he ordered up a life sentence for Stovall.

"This is someone who very deliberately has refused to make changes and continued to get drunk and get in a car and before he kills someone we decided to put him away," said Williamson County District Attorney John Bradley.

Bradley said that in addition to the multiple DWI convictions , Stovall also had a extensive rap sheet for other crimes, including burglary, credit card abuse and supplying alcohol to a minor.

"He basically walked through the penal code for the past twenty years without any regard for safety or society," said Bradley. "In every single one of his cases he had an opportunity to change."

But some argue that Stovall's sentence was too harsh and that the court should have considered his struggle with alcoholism.

"This guy has a disease, he is an alcoholic and this isn't the kind of situation where he's acting with malice to hurt people," said Lawrence Taylor, a DUI lawyer and author of "Drunk Driving Defense."

"He has a serious problem and I hope the days are past where we think alcoholism is something you choose," said Taylor.

Taylor said that he does not agree with the judge's sentencing of Stovall and would have preferred more "rehabilitation" than "ending his life."

"You're essentially doing just that, ending this man's life, at the expense of taxpayers," he said.

But Bradley says that it's better to lock up a man like Stovall -- and prevent him from hurting someone in the future -- than give him yet another chance.

"I think that the ninth time you get caught and punished for [drunken driving] you would have found some way of not getting in that car," said Bradley.

"It's a big dodge to focus on the disease and not the crime," said Bradley. "It's a huge social excuse for dangerous conduct."

Williamson County, Bradley said, has long had a reputation for handing down harsh sentences to those who commit violent felonies or who are repeat offenders.

About two people per year receive sentences for repeat drunk driving convictions, said Bradley.

"The point is to prevent crimes," said Bradley, who added that the county boasts one of the lowest crime rates compared to other Texas counties of similar size.

"If this guy was using a shotgun to shoot lights randomly around his neighborhood I doubt we'd be [getting criticized] for the sentencing," he said. "In this case he's simply using his truck as his weapon."

Stovall would be eligible for parole in five years, but depending on his conduct in prison and other factors, that could be as long as 10 to 15 years.

A phone message left with Stovall's lawyer wasn't immediatley returned.

[Phoenix]

"He has a serious problem and I hope the days are past where we think alcoholism is something you choose," said Taylor.


Yes, alcoholism is something you choose.

STOP going to the bar, STOP going to the liquor store, and STOP associating with drunks, and you'll sober up pretty quick.

Of course, having a support team (family, friends, others) helps a great deal.

[wildcard]

Seems a little harsh when you can stab your neighbor to death and just get 15 years.

http://media.graytvinc.com/images/Shawn-Donta-Richardson-01.29.09.jpg
Stabber

http://www.lakeshorefuneralhome.com/sitemaker/memsol_data/187/55798/55798_profile_pic.jpg?1281659037
Stabbee


http://www.kxxv.com/Global/story.asp?S=12971763

[Phoenix]

Seems a little harsh when you can stab your neighbor to death and just get 15 years.

http://media.graytvinc.com/images/Shawn-Donta-Richardson-01.29.09.jpg
Stabber

http://www.lakeshorefuneralhome.com/sitemaker/memsol_data/187/55798/55798_profile_pic.jpg?1281659037
Stabbee


http://www.kxxv.com/Global/story.asp?S=12971763


WOW.

This Niqqer should be put to death immediately.

[Heimdhal]

As far as I know, people arent born alcoholics. Sure, they may be predisposed to addictive behaviour, no doubt, but I aint seen a baby yet come out pulling off his momma breast and reaching for a Heiny.

Once it takes over, it is very hard to stop, just like an addiction, but that doesnt negate responsibility that one should have had in the first place. If you think youre going to be an alcy, or you are becoming one, stop drinking. Same with drugs.

Ive lost friends to drunk driving, but at the same time, I am against crimes in which there are no victims. Did this man deprive another person of life, limb or liberty? No? Life sentence is probably too much.

[Phoenix]

Life sentence is probably too much.


Agreed. He should be forced to kick the bottle permanently, and then return home.

[Ponce]

Did the guy had a drivers license?........if not, to hell with him.........if yes then the last judge should go to prison.

[Phoenix]

Did the guy had a drivers license?........if not, to hell with him.........if yes then the last judge should go to prison.


Irrelevant if he has a license. The drunken fu*ker is a menace that needs to be restrained. If you don't approve of the government doing it, let me do it.

[General of Darkness]

And meanwhile at the home front. We're sending billions to Israel so they can spend money giving the lackey CONgressmen so they can push the story of "Onward Christian Soldier".

[k-os]

This is a tough one, guys. I know plenty of decent guys who have gotten DUIs and subsequently turned their lives around. My dad is one of them. He was very humbled by his experience, and he still likes his wine, but he will no longer be on the road when he's inebriated. I don't think that is too much to ask. If people don't learn from their mistakes . . . what then? Seems to me the guy in the article is going for suicide by attempted murder.

I know a guy who had 5 DUIs, but he was later diagnosed with schizophrenia. So, either this guy is insane somehow, or he has no regard for other people's safety, which is in itself a form of insanity (narcissistic ?).

I don't know what the punishment should be, but I don't think he should be free to do this again and be on the road to kill me, or any of you.

[Liquid]

I don't know what the punishment should be, but I don't think he should be free to do this again and be on the road to kill me, or any of you.


Well said k-os. I've come to the conclusion and strongly believe that 90% of auto accidents have to do with drinking and driving. It really is a big problem. I agree, with the 9th dui, this guy needs to be kept off the road. I don't know what the solution is, but life imprisonment seems too harsh. Maybe a combo of prison time and rehab time, enough to force him to heal and change.

[LuckyStrike]

Clearly he hasn't gotten the message however it isn't the taxpayers responsibility to keep his dumbass alive for the next 30 or so years.

I don't know all the details but it seems like the punishments certainly took a giant leap. It should be something like 1st DUI (dependent on your BAL) is this much of a fine and then have it go up exponentially from there so by his 9th DUI it's like high 6 figures. How does this dude even have a drivers license after 8 DUI's?

In all likelihood the judge was on the rag.

[Desolation LineTrimmer]

5 years sounds more like it to me too.

[Book]

A life sentence for 9 DWI convictions is way over the top.



http://www.npr.org/programs/atc/features/2002/oct/texas_dwi/poster_lg.jpg

http://3.bp.blogspot.com/_FeRv5Cguz-E/SNpF5YQN7vI/AAAAAAAADD0/AQUGi6IKLhk/s400/summer_moll_drunk_driver.jpg

Yeah...he deserves a TENTH opportunity to maim or kill somebody.

:oo-->

[General of Darkness]

30 years ago, I lost my best friend that was 15 years old by a drunk drive. Since then, I've driven drunk, never caused any problems or hurt anyone, but I say slaughter the lot of us. It's just the right thing to do. Honestly, these Georgia stones are right. We've got over 6 billion people on the planet, maybe, just maybe, 500 million are worth a shit. If things were up to me, I suspect the world population would be the population of Dallas.

[Desolation LineTrimmer]

Drinking is part of our culture, for better or worse. The problem lies more in the modern structure of our society, where we have to drive everywhere in cars, which are homicidal instruments in and of themselves. Get rid of the car, bring back the horse and buggy! Peak Oil today.
Autarky not Globalism. Get drunk down the street at the local pub in the presence of your neighbors.

[Fortyone]

This is a good example of the need for prisons that are geared for sobriety. Instead of throwing them into the joint with actual murderers and rapists, why not put substance dependent criminals into prisons to get their shit together? 5 years should do it, with no parole.

[Heimdhal]

This is a good example of the need for prisons that are geared for sobriety. Instead of throwing them into the joint with actual murderers and rapists, why not put substance dependent criminals into prisons to get their sh*t together? 5 years should do it, with no parole.



You mean, actualy rehabilitate them??!?!?!??! THat is just an asinine concept sir, how dare you!



;D

[Fortyone]

This is a good example of the need for prisons that are geared for sobriety. Instead of throwing them into the joint with actual murderers and rapists, why not put substance dependent criminals into prisons to get their sh*t together? 5 years should do it, with no parole.



You mean, actualy rehabilitate them??!?!?!??! THat is just an asinine concept sir, how dare you!



;D


Ok then, shoot him

[gunDriller]

the ninth DWI was a serious DWI - he injured somebody.

when i was in my early 20's a woman friend was killed a drunk driver in a head on collision.

i think it's a fair sentence. although it will cost the state a lot to impose it.

[LuckyStrike]

i think it's a fair sentence. although it will cost the state a lot to impose it.



i think it's a fair sentence. although it will cost the state taxpayers a lot to impose it.

[StackerKen]

That is a tough one...At first I would say it is too harsh, But how else are they gonna keep this guy from driving drunk again?

This guy was "caught" nine times...he has probably driven drunk hundreds of times without being caught.

He could have easily have killed someone instead of just injuring them last time.

and next time he just might.

.But it seems to me, if he is free, he will drive drunk again.



Im not sure what the best thing to do with a person like that is...

[BrewTech]

Did the guy had a drivers license?........if not, to hell with him.........if yes then the last judge should go to prison.


Irrelevant if he has a license. The drunken fu*ker is a menace that needs to be restrained. If you don't approve of the government doing it, let me do it.


He does indeed need to be restrained, I don't think there should be any argument about that.

Life in a government prison? Ehhhhh... I don't know about that.

[Phoenix]

Did the guy had a drivers license?........if not, to hell with him.........if yes then the last judge should go to prison.


Irrelevant if he has a license. The drunken fu*ker is a menace that needs to be restrained. If you don't approve of the government doing it, let me do it.


He does indeed need to be restrained, I don't think there should be any argument about that.

Life in a government prison? Ehhhhh... I don't know about that.


I never said that I supported the sentence. He should be forced to permanently sober up, and then sent home.

[StackerKen]

Without a doubt he should have to wear one of these the rest of his life

http://www.obsessedwithsports.com/wp-content/uploads/2010/07/ankle-monitor.jpg

[wildcard]

Good idea ken, an explosive that will blow his foot off if he tries to drive drunk.

[StackerKen]

Good idea ken, an explosive that will blow his foot off if he tries to drive drunk.


lol

Sounds good to me ...

[dysgenic]

Any punishment for precrime is too much punishment.

dys

[Joe King]

Did any of his eight previous Judges ever order an ignition lock installed on his car?

If not, why not?

While not making it absolutely 100% impossible for him to still be able to drive drunk, it would have surely not made it as easy.

I know a guy who had a Judge order that his car have one after only the second DWI, and he hadn't hurt anyone either time. Just got pulled over and couldn't pass the test.

What's the odds that most of his previous Judges were probably drinkers themselves, and went light on him under the "there, but for the grace of God go I" doctrine?

[Fortyone]

Any punishment for precrime is too much punishment.

dys


He did injure another in this last arrest.

[BrewTech]

Did the guy had a drivers license?........if not, to hell with him.........if yes then the last judge should go to prison.


Irrelevant if he has a license. The drunken fu*ker is a menace that needs to be restrained. If you don't approve of the government doing it, let me do it.


He does indeed need to be restrained, I don't think there should be any argument about that.

Life in a government prison? Ehhhhh... I don't know about that.


I never said that I supported the sentence. He should be forced to permanently sober up, and then sent home.


No, no, I'm totally with ya on that. Do what it takes to dry the guy out, and send him home sounds like a plan. Dude cant drink anymore, that much is clear.

He has injured someone though, and needs to make good on that.