Suspended Prison sentence for Pirates’ Kang upheld by S. Korean Court

kang

From BleacherReport.com:

Pittsburgh Pirates third baseman Jung Ho Kang had a suspended two-year prison sentence upheld in a South Korean court Thursday, which will further complicate his efforts to rejoin the MLB team during the 2017 season.

The Associated Press (via USA Today) reported the Seoul Central District Court denied Kang’s appeal after he asked for a reduction in punishment. The conviction on fleeing the scene of a crash and driving while drunk has prevented him from re-entering the U.S. based on visa issues.

In December, Bill Brink of the Pittsburgh Post-Gazette reported it was the third DUI-related issue involving Kang since 2009. Pirates general manager Neal Huntington admitted the team was unaware of the previous arrests before signing the infielder in 2015.

Even if Kang obtains permission from South Korea to travel to the Unites States to play baseball, it is unclear whether the United States will grant him entry given the current administration’s tougher stance on visas.

Do What I Say, Not What I Do: Drivers Ed Teacher arrested for 2d DUI in school lot

From local Patch:

JOLIET, IL — A driver’s education teacher police said was found passed out drunk behind the wheel of a driver’s ed car parked outside the main entrance of Joliet Central High School stepped down from his job.

Nestor Nowak, 46, resigned Monday night, said Joliet high school district spokeswoman Kristine Schlismann. Nowak had been on leave.

A Joliet Central employee found Nowak slumped over the steering wheel of a white Ford driver’s ed car the morning of April 6, police said. Fearing that Nowak was suffering from some medical issue, police said, the employee called for an ambulance.

Nowak was taken to Presence St. Joseph Medical Center. A blood draw showed his alcohol content was more than three times the .08 percent legal limit for driving, police said…

Nowak was able to work as a Joliet high school district driver’s ed teacher in spite of pleading guilty to drunken driving in July 2014. He was sentenced in that case to a year of court supervision.

Read the full story here at:  https://patch.com/illinois/channahon-minooka/s/g4igm/driver-s-ed-teacher-resigns-amid-scandal?utm_source=alert-breakingnews&utm_medium=email&utm_term=weather&utm_campaign=alert

 

Why did Sycamore police not charge an Elgin cop with DUI?

Questions are being raised about the unusual treatment given to an Elgin police officer who was arrested, but not charged with, DUI by Sycamore police.

From the Northwest Herald:

Police Chief Glenn Theriault has been on administrative leave since April 10 as the city investigates why an Elgin police officer arrested on suspicion of driving under the influence was released without charges.

Records obtained by the Daily Chronicle through the Freedom of Information Act show a Sycamore officer was building a driving under the influence case against Elgin Police Sgt. Mark Whaley after an early morning traffic stop Saturday, April 8. Whaley, who has been a police officer for almost 23 years, was handcuffed and driven to the police station, where he was processed. Theriault, who worked with Whaley on the Elgin police force, also went to the police station that night.

Whaley later was released without even a traffic ticket because of lack of evidence, according to the police report.

The report shows Whaley, 46, declined field sobriety tests and declined to provide a breath sample at the Sycamore police station. It does not say whether Whaley was issued a DUI ticket or read the “warning to motorist” that could have triggered a suspension of his license for a year for refusing chemical testing under Illinois law.

Cellphone records show Theriault had three early morning phone conversations with an Elgin police commander and later helped to ensure that a $500 administrative towing fee was waived for Whaley, bypassing a hearing process prescribed by city code.

“Tough position for you and all last night,” read a text sent by Theriault hours later to the arresting officer, Luke Kampmeier. “I’m thinking of the rock-and-glass houses story.”

“A valuable experience for me, albeit unpleasant,” Kampmeier replied. “Tonight we will stick to parking tickets.”

,,,

The episode began around 1:40 a.m. Saturday, April 8. In his report, Kampmeier – who joined the force out of college in 2014 – wrote that he stopped a silver 2005 Ford F-150 pickup on Somonauk Street near High Street after he saw the driver almost cause a traffic crash at the intersection of State and California streets. Reasons given for the stop were noted as “fail to signal, overtake on right, no front license plate.”

In his report, Kampmeier wrote that the driver, Whaley, smelled strongly of alcohol. His speech was “thick-tongued,” his eyes glassy and bloodshot, his movements “slow and deliberate.”

Whaley told Kampmeier he had recently dropped off his wife and child downtown, then changed his story to say he was in the area for training and had one beer in Sycamore before driving, according to Kampmeier’s report. A story by the Daily Herald about Whaley saving a boy’s life with CPR in 2011 said he lived near DeKalb at the time.

After Whaley refused field sobriety tests, Kampmeier arrested him on suspicion of DUI, records show.

A second officer, Blake Powers, a 2016 police academy graduate, searched Whaley’s vehicle and found an unopened bottle of Miller Lite near the passenger seat, according to police reports.

You can read the whole story here.  Normally, in this situation, the person will be charged with DUI.  Often in Sycamore, the police will seek a warrant to obtain a blood draw.  Getting released without being charged is a rare gift indeed.  We should all be so lucky.

Chief Keef arrested for DUI-Drugs in Miami

From the Miami Herald

Chicago rapper Chief Keef, who got his start by posting YouTube videos, was arrested Saturday in Miami Beach and charged with DUI, according to a police report.

Chief Keef, whose real name is Keith Cozart, 21, had “bloodshot, watery, droopy eyes” and “had a cup filled with a syrupy liquid known as sizzurp, which is also known as ‘lean’ or ‘purple drank,’ ” an officer wrote in a report.

Sizzurp is a mixture of codeine-based prescription cough syrup and soda.

According to the report, officers saw Cortez McElrath jump out of the passenger side of a green two-door McLaren — driven by Cozart — while it was stopped at a red light.

McElrath then ran to an Altima behind them and handed the front passenger, Eddie Bryant, “a bag with a green leafy substance,” according to the report.

When McElrath saw police, he ran back to the McLaren, police said. An officer stopped him, held him at Taser-point and placed him in handcuffs, according to the report.

Meanwhile, another officer held Cozart at Taser-point because he “was moving his hands around in the vehicle,” the officer wrote.

More officers arrived, and the three people in the Altima were also detained. Marijuana was found in that car, police said.

McElrath and Bryant were both arrested and charged with possession of marijuana. Devante Reaves, who was a passenger in the Altima, was also charged with marijuana possession and had an outstanding warrant. Reaves also had nine fraudulent credit cards, police said. Jamil Perkins, the driver of the Altima, was arrested for having a suspended license. Perkins had four fraudulent credit cards, police said.

Cozart was charged with DUI after he “he did not perform to standard” on his sobriety test, an officer wrote. The officer said that Cozart then stated: “It’s OK, when you find weed in my urine, I’ll just get my attorney to get my marijuana card.”

The officer added that Cozart spontaneously stated, “You’ll find weed in me.”

Man wearing “Drunk Lives Matter” shirt arrested for DUI

drunk lives matter

From the Daily Mail:

A 44-year-old man from Pennsylvania was arrested for DUI whilst wearing a ‘Drunk Lives Matter’ t-shirt.

Elwood R Gutshall III, 44, from Newville was pulled over for ‘committing multiple traffic violations’.

The alleged offences occurred while Gutshall was driving a Ford pickup truck near his home on March 19, two days after St. Patrick’s Day.

Gutshall was subsequently arrested after cops determined that he ‘was under the influence of alcohol beyond what he could safely operate a motor vehicle.’

A blood alcohol test revealed Gutshall’s BAC to be at .217, nearly three times the legal limit.

He was charged with DUI and a number of other traffic violations.

Court records show Gutshall has had a number of DUI convictions in the past along with a 2009 guilty plea for assault, according to The Smoking Gun.

Pistons’ Caldwell-Pope arrested for DUI

The Detroit Pistons guard Kentavious Caldwell-Pope was arrested for DUI on Wednesday in Auburn Hills, Michigan.  The good news for him is that a his BAC was barely at the legal limit of 0.08.

From the Click on Detroit website:

Detroit Pistons’ star guard Kentavious Caldwell-Pope was arrested early Wednesday on suspicion of drunken driving in Auburn Hills, officials confirmed.

Police said Caldwell-Pope was pulled over around 2:50 a.m. Wednesday on Auburn Road near Squirrel Road after being clocked driving 45 mph in a 25 mph zone.

The advanced roadside impairment officer said when he walked up to the car, he smelled alcohol. He put Caldwell-Pope through sobriety tests and placed him under arrest, police said.

Caldwell-Pope was “very cooperative” with the officer, authorities said. He was issued a ticket for DUI after a Breathalyzer test at the police station registered his blood-alcohol content at 0.08.

The incident came hours after the Pistons’ Tuesday night loss to the Miami Heat, which at the time dropped them 2 1/2 games behind the Heat for the final playoff spot in the Eastern Conference.

Man who crashed car while driving drunk and having sex, killing wife, gets prison term

Alcohol loosens one’s inhibitions and judgment.  This is a case where one man’s poor decisions resulted in a fatal accident that took the life of his wife, got him sent to prison, and left two young children without their parents.

From the Atlanta Journal Constitution (story by Daphne Duret):

Calling it one of “the most senseless, tragic acts” she’s ever come across, a Palm Beach County judge sentenced a 33-year-old Loxahatchee husband and father to five years in prison Wednesday for a 2014 wreck that killed his wife as they had sex while he drove drunk.

The sentence for Matthew Notebaert came just over three years after the death of his wife, Amanda, in a crash that left their two children without a mother and caused a deep rift between the couple’s families that even on Wednesday had her closest friends and relatives split into two camps…

They’d begun drinking from a small flask of Crown Royal they’d sneaked into the concert in her purse, he said, and as they headed back to the area of their Loxahatchee home they called friends looking to hang out. Then at one point they pulled over and became intimate.

By the time he drove on Southern Boulevard, Notebaert said, his wife was sitting in his lap, and his next memory after a turn of the wheel was of waking up in a crashed car next to her body.

Investigators say Notebaert turned onto East Stallion Drive at about 12:30 a.m. and drove the couple’s Chevrolet Equinox at speeds of 55 miles per hour in a 30-mph zone, blowing past three red signs on the dirt road warning of a canal ahead.

The couple’s car hit the canal back so hard, according to arrest reports, that the SUV went airborne for 30 feet and came to rest on the opposite bank of the canal. Amanda Notebaert’s head hit the dashboard and windshield. She died at the scene.

A toxicology report from after the crash stated Matthew Notebaert’s blood alcohol content was nearly twice the level at which Florida drivers are presumed impaired, and investigators said he also had marijuana in his system.

“You had a responsibility to get your wife home safely,” Amanda’s father, Mike Stacey, told Notebaert before asking Johnson to give his son-in-law the “maximum allowable sentence.”

But even prosecutors said under the circumstances, the 10-year minimum recommended under sentencing guidelines was too harsh.

Notebaert’s attorney, Stehpen Bell, asked for no jail time at all, hoping Johnson would award Notebaert probation and keep him with the couple’s now 12-year-old son and 3-year-old daughter.

Assistant State Attorney Danielle Sherriff, on the other hand, echoed Stacey’s sentiments and said Notebaert bares the blame because he was driving. Sheriff said a prison sentence was necessary and asked for a seven-year term.

In the end, Johnson noted Notebaert’s criminal history, saying he has been accused in the past of reckless driving and leaving the scene of a crash. Notebaert’s list of prior cases includes five felonies, Johnson said, and a prosecutor at his May 2014 bail hearing listed previous charges that included cocaine possession, burglary and grand theft.

“This isn’t your first chance. You’ve been to jail before, you’ve been on probation,” Johnson said, adding: “You failed your wife, you failed your children and you failed all your family that is here today.”

Read the whole story here:  http://www.ajc.com/news/florida-husband-having-sex-with-wife-fatal-dui-crash-gets-years-prison/lv6e4ZKN51ixZXaxtncVGM/