Saturday, January 13, 2007

He keeps drinking. He keeps driving, without a license or insurance.

In 1992, Perry was driving drunk and hit his sister. She died, but it didn't stop him.

Keeping Perry in jail is the only way to protect the public, District Judge Doug Schrantz said Friday.

But one year is the longest Schrantz can hold Perry, based on his guilty plea Friday to a charge of driving while intoxicated in April.

Drunken driving convictions are removed from state records after five years. That makes this Perry's third conviction since 2001.

Drunken driving isn't a felony until a fourth charge, so the conviction is a misdemeanor, punishable by up to one year in the Benton County Jail.

"It's apparent that, whatever the courts have done, not much difference has been made in your life or your level of responsibility in dealing with this problem," Schrantz told Perry on Friday. "I can't, and don't, expect you to stop drinking at this point, but hopefully we can keep you from getting behind the wheel of a car."

Perry, who lives in Rogers, admitted to the judge he's an alcoholic. In addition to driving while intoxicated, Perry pleaded guilty to driving without headlights, possession of a controlled substance, no insurance, leaving the scene of a property damage accident and careless driving.

Schrantz ruled Perry will spend one year in jail and pay $3,475 in fines and costs.

Rogers Police Officer Miles Mason, who arrested Perry in April, was in court Friday but didn't testify because Perry decided to plead guilty minutes before a trial.

Mason stopped Perry's vehicle on West Hudson Road at 10:49 p.m. April 24 after noticing the pickup had no brake lights, according to police reports.

Mason described Perry's eyes as bloodshot and glassy and noted he smelled of intoxicants, his speech was slurred and he appeared confused. His blood alcohol level later registered at .151 percent, according to police reports. The legal limit is .08 percent.

The other charges stemmed from an accident Perry was involved in last year. He left the scene when another driver said he was calling the police.

Perry told the judge he goes to Alcoholics Anonymous meetings about once a month.

"I go when I'm feeling depressed and the urge to drink is coming," Perry said.

He hasn't sought medical treatment for the depression. When Deputy City Attorney Chris Griffin asked him why anything would be different after this latest arrest, since he wasn't compelled to stop drinking after killing his sister, Perry said he met a woman "that I feel I need to change my life for. I need to better myself."

Perry was arrested July 3, 1992, in the death of his sister after she was hit by a car on South Eighth Street in Rogers. Perry left the scene of the accident.

At the time, he was free on bond for an arson arrest. In September 1992, he pleaded guilty to arson, negligent homicide and leaving the scene of a fatality accident. He was sentenced to 20 years in prison and released in July 1998. Perry has yet to pay fines from that case. He's currently in the Benton County Jail after being arrested for failure to pay and receives $40 credit for each day in jail.

Perry will finish paying those fines Feb. 17, so Schrantz ruled his one-year sentence will begin then. After his release from jail, Perry must appear for alcohol screening, assessment and treatment.

In court Friday, Griffin asked Perry about his sister's death. Perry described the incident as: " I was driving, and someone fell in front of my car and I couldn't stop in time."

Teresa Belew, executive director of Arkansas Mothers Against Drunk Driving, agreed with Schrantz the public simply must be protected.

"This is a prime example of someone we are afraid of," she said. She recommended Perry receive appropriate treatment after his release and be required to install an ignition interlock device on his steering wheel.

The Morning News