Author Topic: Fellow scooter rider mowed down by drunk driver!  (Read 4498 times)

OregonDad

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Re: Fellow scooter rider mowed down by drunk driver!
« Reply #15 on: November 17, 2013, 12:36:10 AM »
Sweetheart deal given to local good olde boy businessman.
After six months without charges, this was all taken care of in less than 72 hours.  Not enough time for the victim or his attorney to be present.

First http://www.eastoregonian.com/news/local_news/garton-charged-with-two-felonies-for-drunken-crash/article_3f2b3e96-4cf3-11e3-8462-001a4bcf887a.html

A Pendleton business owner and Happy Canyon director who drove drunk and crashed into a man almost six months ago now faces charges.

Kelsy Garton, 39, has a court date Friday for an arraignment on charges of third-degree assault, failure to perform duties of a driver to an injured person and driving under the influence of intoxicants. The assault and hit and run are felonies, and duii is a misdemeanor.

After the crash Garton’s blood showed an alcohol level of 0.16 percent, twice the legal limit.


Then on Friday http://www.eastoregonian.com/news/local_news/garton-avoids-prison-pleads-guilty-to-assault-duii/article_56998b14-4e74-11e3-b6b8-001a4bcf887a.html

Friday was the first time Garton was in court for the crimes.  Garton, 39, pleaded guilty Friday at the Umatilla County Courthouse, Pendleton, to third-degree assault and driving under the influence of intoxicants. The assault is a Class C felony in Oregon and the DUII is a misdemeanor.

In exchange for the guilty pleas, the district attorney dropped a Class B felony of failure to perform the duties of a driver to an injured person. Defense attorney Steven Thomas of Pendleton told Circuit Court Judge Christopher Brauer the negotiations for a deal with the district attorney’s office began six months ago.

Assault in the 3rd degree is a Class C felony punishable in Oregon by up to 5 years in prison and $125,000 in fines.

Judge Brauer noted Oregon’s usual sentence for the crime was 16 to 18 months in prison. Garton’s eyes widened at the words. But the judge handed down the sentence in accord with the plea deal — three years of probation and 180 days in jail, with all but 30 suspended.

Judge Brauer also ordered Garton to complete 160 hours of community service, alcohol and drunken driving treatment and meet other requirements. He also must write a letter of apology to Chen.  Garton must also pay about $1,800 in fines and fees. The deal also revoked and suspended Garton’s driving privileges for a year, so he handed over his driver’s license. ← WTF!  Why didn't that happen six months ago?

Chen is pursuing a civil case against Garton.

Google other DUII hit and run sentences. On the same day in Portland Oregon another drunk was sentenced to 40 months in prison for the same thing!  http://www.kptv.com/story/23985874/mother-of-hit-and-run-victim-you-chose-to-leave-him-helpless-in-the-road

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