Wednesday, March 15, 2006

'You don't want to be in my shoes,' DWI defendant tells students

Clara Garcia News-Bulletin Staff Writer; cgarcia@news-bulletin.com

Belen More than a dozen teenagers and their parents got a first-hand glimpse at the consequences of drinking and driving this week as they sat in a courtroom watching four men sentenced to time behind bars.

There was standing room only in Magistrate Danny Hawkes' courtroom Monday as he handed down sentences to men who had previously pleaded guilty to DWI. The experience of sitting in the courtroom, watching as the lives of these men were held in someone else's hands was not to punish the teenagers, but to show them that there are serious consequences for their actions.

The teenagers in the courtroom were participants in a local Judicial Outreach program headed by Hawkes. The program focuses on steering juveniles away from participating in illegal activities such as taking drugs or drinking alcohol. By educating the youth about the laws and the adjudication process, the outreach team hopes to make a difference in their lives before it's too late.

Most of the teenagers in the courtroom Monday had been cited as being minors in possession of alcohol when they were recently discovered at an underage drinking party. Before the sentencing hearings began, Hawkes informed the parents that their children were not required to attend the proceedings, but if they did, their cases would eventually be dismissed. The teens would still have to go to a six-hour life skills class before juvenile probation closes out their cases.

He also said that if they chose not to participate, there was a chance that juvenile probation would put their children on probation for a period of six months to a year.

"A lot of parents say that they did it (drink alcohol) when they were young, but the laws have changed so much and the consequences are much greater," Hawkes said. "Today's laws are a lot more strict — it's a felony to buy alcohol for minors. I just want to give these kids a chance to not have it on their record."

The first defendant to stand before the judge was a 41-year-old man who had pleaded guilty to a DWI second offense. He is the primary caregiver to his 3-year-old daughter and was facing 364 days in county jail.

After learning he was to spend 10 days behind bars, monitored for 50 additional days while wearing an ankle bracelet, required to install an ignition interlock system in his vehicle and pay a $750 fine, the man turned around and simply told the audience, "Don't drink and drive — it's not worth it."

The next defendant who stood in front of Hawkes had a lot more to say to the teens who were watching. The 35-year-old husband and father said that, while it was unfortunate that he put himself in a situation in which he had to go to jail, he was happy to be alive.

The man pleaded guilty to a third DWI offense and was also facing 18 months behind bars. With visible scars on his face, the defendant turned around, looked over the crowd of young faces and said that he never thought he would quit drinking until he almost lost his life two years ago.

He began drinking as soon as he got off work that day and went home and drank some more. But that wasn't enough, he said.

"I went to El Cerro Mission to go buy cocaine, but instead, I was jumped by five people," he told the teens. "I left, without the cocaine, and I was a block from my house when it happened — I rolled my car six times and was ejected."

According to the defendant, he suffered major injuries including a degloved scalp, a skull fracture, five broken bones in his neck, broken ribs and nerve damage to his hand. After a month-long coma, the man woke up, barely recognizing himself in the mirror.

"Luckily, I didn't kill myself or anyone else," he said. "The good Lord gave me a second chance at life, and I want you to know that this could happen to you. I almost died that day and that's why I don't drink today."

Assistant District Attorney Benny Naranjo warned the defendant that, if he is arrested and convicted again, he will be headed for the penitentiary. Naranjo wished him luck and told him that he needed a success story.

Hawkes sentenced the defendant to the minimum mandatory 30 days in the county jail, imposed a $750 fine and ordered that, upon his release from custody, the man must install an ignition interlock system in his vehicle.

"I'm glad you're willing to stand up and take responsibility for what you did," Hawkes told the defendant. "I can tell you're remorseful and I have taken that into consideration."

Another defendant who also received a 30-day minimum mandatory sentence after pleading guilty to a DWI third offense told the teenagers before he was sentenced that they wouldn't want to be in his shoes.

"It's no one else's fault that I'm here — just mine," he said. "Just stay away from alcohol. Be careful, be responsible. I could lose everything because of my stupidity. I don't wish this feeling on anybody."

This was the second time in two years that teenagers were invited to sit in and observe DWI sentencing. Hawkes said he just wants teenagers to be aware and realize that they're not invincible.

"One parent told me the next morning that their daughter said that this was the best thing they've heard in their life," Hawkes said Tuesday. "He (the parent) said it had a huge impact on a bunch of the kids, and they were talking about it all day."

Hawkes said he is proud of the program and is dedicated to working with law enforcement, parents and the community in making a difference in the lives of children. He plans to continue inviting teenagers into his court to help them understand that drinking and driving does have consequences.

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