BeerDome

Whoa, he’s F’ed.

Felonious Assault on a Police Officer - I’m not positive but I believe that is a first degree felony punishable by 3-10 years in prison and I over $25,000 in fines

Felony Fleeing - again not positive but I believe that’s a third degree felony punishable by 1-5 years in prison and up to $10,000 fine

DUI - who cares compared to the above, but 1st degree misdemeanor up to 6 months in jail and up to $1000 fine and up to 3 year driver’s license suspension.

Altogether, if the judge wanted to he could be sentenced to 15 and a half years in prison…. Won’t happen but the judge could do it. I’d imagine it would be pleaded down to the third degree felony and he’ll go down for a year.

Comment by JOHN — January 28, 2008 @ 7:48 pm

John, can’t you convince the judge that since the officer didn’t seek medical treatment, the assault charge is excessive?

Comment by niekamp10 — January 29, 2008 @ 8:54 am

Couple of possible issues:
1) Did Kurt do it “knowingly?” On rereading the report, there is an argument that he didn’t do this “knowingly.” The real question for “knowingly” is did he do the action knowingly, ie did he drive the car knowingly and not necessarily did he knowingly drive the car into the officer. Obviously I’d make the argument that it means he had to have knowingly drove the car into the officer, but a prosecutor would argue the first. Since Kurt was awaken by the officer and immediately put the car into gear and sped off, there is a definite issue either way. If it was immediate that he put the car into drive and sped off, you could argue he didn’t know what he was doing, he was too drunk. If the officer says Kurt looked at him, and then reacted, then Kurt may be screwed.

2) was there serious physical harm? Since the officer didn’t seek medical treatment, gotta think no.
But…
3) Cause or attempt to cause physical harm? Again, depends on what Kurt did, if it was immediate put in drive once awakened, then probably no attempt - too drunk to know what was going on. But if the officer was bruised then you have “Cause … physical harm”

4) is a car a deadly weapon? Under section (D)(2) it is a yes.

So what is likely. Upon a second reading of the article finding him guilty of f-1 felony assault on a PO, probably not likely. At this point in the process the charges are probably proper, but at some point as more information is gathered, if the prosecutor(and/or judge) is reasonable the felony assault should be gotten rid of. The f-3 felony fleeing should probably be amended to an f-4 attempted felony fleeing, and he’ll definitely eat a DUI.
(f-4 6-18 months prison in monthly increments, $2500 fine, the prison time is not mandatory so probation is likely for say 3 years)

What do I think will happen? Either the F-3 because the prosecutor won’t deal that much, or he’ll get what I said above.
IF he gets the f-3: probation is possible, but there is a presumption in favor of prison on f-3’s (I believe) so maybe a year on top of the DUI
if the f-4: 3 years probation, restitution for any med costs, $2500 fine, 3-5 years driver’s license suspension, plus AA meetings, alcohol assessment, some kind of therapy, lots of community service. Plus the DUI of 3 day hotel stay (maybe an additional 3 days jail if he was high tier), $600 -$1000 fine, 6 month driver license suspension (included in the other time)

Comment by JOHN — January 30, 2008 @ 9:18 pm