Natrona County Sheriff Mark Benton plans to revisit his jail's policy governing the release of drunken suspects after a Wyoming legislative committee killed a bill that would have required drunken drivers to sober up before their release.
"It is far too important," Benton said Monday afternoon. "We can't just have these people leaving incarceration under the influence. And we need guidelines to keep that from happening."
The Natrona County Detention Center now holds drunken driving inmates until they sober up -- unless they post bond and someone accepts responsibility for them. The sheriff has said he isn't sure whether he has the authority to hold someone who's already posted bond.
Benton and Casper Police Chief Tom Pagel pushed for the legislation after Casper resident Jeff Irene suffered massive injuries after he was dragged underneath a sport utility vehicle in December. Authorities say the SUV's driver, Doug Downs, was arrested on suspicion of drunken driving a few hours before the incident. Prosecutors have charged Downs with aggravated assault and driving under the influence causing serious bodily injury.
The Senate Judiciary Committee rejected the legislation Monday. Committee Chairman Tony Ross, R-Cheyene, said his committee recognized a number of drafting problems with the bill.
For example, the bill attempted to amend the state laws dealing with drunken driving. But members of the committee, several of whom are lawyers, said the bill might better be located in the section that covers rules for bailing prisoners out of jail.
Simply moving the bill to another section of the law would be nearly impossible at such a late date in the short budget session, Ross said.
Another issue, Ross said, was potential constitutional problems that might result from forcing prisoners to submit to a sobriety test.
The bill would have required accused drunken drivers to see a judge or pass an alcohol breath test before their release from jail. Current state law allows the right refuse a breath test, a tactic sometimes used as part of a defense in court.
If they submit to the test, "have they incriminated themselves?" Ross said.
The committee also questioned the level of sobriety prisoners would be required to obtain before their release.
The bill, as submitted by Sen. Bill Landen, R-Casper, stipulated a blood alcohol content, or BAC, of .02 percent. Others wanted a BAC of zero before release. It is illegal to drive in Wyoming with a BAC of .08 percent or higher.
Finally, Ross said, cost was a factor.
Sen. Bob Fecht, who is Cheyenne's police chief, pointed out during committee deliberations that the bill would mandate increased jail time. That would mean higher costs for communities that rent space in county jails.
"The thinking in the committee was there needed to be more information before we could do a good job," Ross said.
Despite the defeat, Landen said the bill helped spark a dialog about drunken driving in Wyoming.
"Even though the bill did not pass, I think we have at last been forced to look at ourselves in the mirror, and it has raised the level of awareness," said Landen, who pledged to continue working on the legislation.
"There's a lot of things about drinking and driving that our state still has to come to terms with," Landen added.
Lawyers for Irene applauded lawmakers for exploring the subject.
"We think it is a very good idea for the legislature to look at this issue," said attorney Todd Ingram, whose firm, Clapp and Associates, was hired by Irene's family. "Obviously, releasing an individual who is under the influence and who's judgement is impaired can have dire consequences. It is a difficult issue, but one worth talking about."
Ingram and attorney Larry Clapp suggested future legislation should make a successful alcohol breath test a mandatory condition of bond for alcohol-related offenses.
In lieu of the legislation, Ingram encouraged local officials to examine how other counties handle the issue.
"If those jurisdictions have implemented workable policies to provide similar protections to what the legislation we are talking about would provide, then we would encourage them to take a hard look at implementing those policies," Ingram said.
Reach Jared Miller at (307) 632-1244 or at jared.miller@trib.com. Reach Joshua Wolfson at (307) 266-0582 or at josh.wolfson@trib.com.
Irene moves out of ICU
Jeff Irene, the Casper man who suffered critical injuries while being dragged under a sport utility vehicle in December, has been moved out of intensive care, his lawyer said Monday. Irene continues to be treated at Wyoming Medical Center, where he's been weaned from a ventilator and begun communicating with family.
His family has launched a Web site, www.jeffirene.com, to keep the community updated on his condition. Members of the public are invited to post comments and well wishes on the site.
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Courier wrote on Feb 19, 2008 8:58 AM:
I'M MAD TO EDDIE wrote on Feb 19, 2008 10:25 AM:
The following is a reprint of my post logged under CST article (01/10/08) “Officials seek law to keep drunk driving suspects in jail”.
" It's now been 31 days since the Downs / Irene incident took place and still no press releases from Sheriff Benton as to any changes to his ridiculous NCDC bail out policy that allows un-sober suspects back out into the public mainstream.
I'm guessing he's been advised by the Natrona County Attorney to not change the current NCDC policy because it would indicate admission of second party liability in the referenced incident. As I see it, due to the NCDC un-sober bail out policy in place at the time of the referenced incident, the NCDC automatically became a second party to the referenced incident when they allowed Downs to be turn over to the third party (the Bondsman) for release.
Sadly for all those involved, what has happened in the Downs / Irene incident has happened and unfortunately we cannot roll back time. Continued failure to not immediately change the NCDC un-sober bail out policy, has left the same door wide open to exposure of more possible ugly (bodily injury and or death) incidents in the future. Only the good Lord knows who the next poor victim in line might be.
While we're on the Downs / Irene incident, I don't believe anyone has asked the following questions about the NCDC, Downs and the Bondsman. What did the NCDC staff estimate Downs BAC level to be at the time of his release the first time? Was it in the .08 range? Did the NCDC staff visually observe and note that Downs appeared to be sober enough to possibly meet the BAC .08 level range before his release? What would Downs estimated BAC level have been at the time he departed from the Bondsman? Was it possible that Downs BAC level was .08 or lower when he departed from the Bondsman? Did Downs possibly refuse a ride home offered by the Bondsman and choose to walk to a destination unknown to the Bondsman? At what specific time did Downs depart from the Bondsman? At what specific time did Downs blow the alleged second BAC level of .11? Did any of these questions come up after the initial investigation and were some of them the reason Downs second Hearing was postponed?
Benton's persistent refusal to change the NCDC policy continues to hold all visitors and or residents of Natrona County hostage to a very dangerous game of "Russian Roulette". He justifies his lack of action on possible inmate rights violations but he's not really sure? Give me a break. Let's tell it like it is, pure and simple, he just got caught with his draws down.
Why in the heck would is he more concerned about inmates' rights, than about protecting peoples public safety and local homeland security? How in the world is he going to justify his decision if some poor soul(s) suffer bodily injury or perish(es) at the hands of another un-sober suspect that has been released from the NCDC prematurely?
It doesn't take rocket science to figure out as to why last weeks abruptly called meeting (1/23/08) held in Casper to discuss alcohol laws, bond schedules and fourth amendment rights was all about. With the predicament that Benton has placed himself in and all the embarrassment he has caused, I'm guessing that representatives for the "Wyoming Association of Sheriff's and Chiefs of Police" from all 23 Wyoming Counties were promptly summoned to the meeting.
From the outside, it appears that the primary objective coming out of that meeting is a smoke and mirrors last minute "Hail Mary" effort to come up with a short term band-aid Bill to be jammed into this year's session in an crap shoot attempt to get the Bill passed with the necessary language in it to get Sheriff Benton off the hook. I’ll bet the farm on that one.
In the meantime, Sheriff Benton continues to roll the dice and keep all of us in harms way by holding us in his unjustified dangerous game of "Russian Roulette".
In order to get out of this horrible game, the good folks of Natrona County must now band together and move forward to file a "Class Action Lawsuit" against Sheriff Mark Benton "as an individual" for his blatant refusal to protect public safety and local homeland security (subjecting us to possible bodily injury and or death) due to his disregard to not change the NCDC policy that allows un-sober intoxicated suspects back out in the public mainstream.
Sheriff Benton, please do the job we elected for. Step up and protect the masses (us) now. Sort out and worry about the intoxicated suspects (the drunks) rights later. By the way, what is your estimate on the number of drunks you anticipate challenging you about their rights. Also, what is your rationale for placing un-sober inmates’ alleged rights ahead of the public safety of the masses?
Sheriff Benton, think about the risks you’re taking here, inmates’ rights verses potential victim bodily injury or death. You just can't justify prolonging making changes to your un-sober intoxicated suspect bail out policy any longer. Save yourself the hassle and personal expense and just get it done!!!
"
5Ps wrote on Feb 19, 2008 7:48 PM:
Courier I think you meant “Pagel” instead of “Pagal”.
"
Sgt. wrote on Feb 20, 2008 12:31 AM:
gram wrote on Feb 20, 2008 1:36 PM:
oldmunchkin wrote on Feb 20, 2008 5:13 PM:
"The sheriff has said he isn't sure whether he has the authority to hold someone who's already posted bond."
If thats the case, then all these other jails better check their authority! I really think the jailer has the Upper Hand here, in that he/she has the key to the door! If the policy is to hold until sober, then thats what a jailer does. If the policy is to put more money into the jail's (sheriff's) account, then let them get out quick, so they can come back to bail out again in a few hours. "
BailOut wrote on Feb 21, 2008 1:46 PM:
tom wrote on Feb 21, 2008 10:35 PM:
FED UP wrote on Feb 22, 2008 6:13 PM:
You state that politicians are not serious.
Your statement coudn't be more true as Sheriff Benton is the lead politician on the front line that is not protecting us here in Natrona County from the "Drunks" once they are caught.
He needs to quit following and start leading if he is capable!
"
WHAT THE HECK wrote on Feb 25, 2008 12:10 PM:
•Attorney Larry Clapp is a partner in Clapp and Associates, P.C.
•Larry Clapp is a former Mayor of the City of Casper. (Ref: CST 06/05/06)
•Larry Clapp is a former State of Wyoming Legislator. (Ref: CST 06/05/06)
•Tom Pagel, became City of Casper’s Police Chief in May 2002, and was a former State of Wyoming Department of Criminal Investigation Director for 12 years.
•Gordon Clapp, Larry Clapp’s brother is a former City of Casper policeman.
•Gordon Clapp now works as an administrator at the Natrona County Detention Center.
•Natrona County Sheriff Mark Benton is responsible for the administration staff of the Natrona County Detention Center.
•Doug Downs was arrested (first time) for DUI and taken to the Natrona County Detention Center.
•Doug Downs requested that Sean B. be called to recover his truck. (Who is Sean B.? Is Sean B. a relative, a friend, an attorney or what?) (Ref:www.jeffirene.com)
•Doug Downs is then released from the Natrona County Detention Center still legally drunk. (Did Downs have an Attorney present at the time of his release? If so who was it?)
•Doug Downs then returns to a Bar and continues drinking.
•Doug Downs, still legally drunk, then gets behind the wheel of 1998 White Chevrolet Tahoe license #1P1ARG. (Who does the Tahoe belong to? Does it belong to a friend, a relative or what?) (Ref:www.jeffirene.com)
•Doug Downs then somehow hits and subsequently drags Jeff Irene with the Tahoe, 1.1 miles trough downtown Casper.
•Downs then stops at 1147 Oak and discovers Jeff Irene and that he is critically injured. (Who lived at 1147 Oak?) (Ref: www.jeffirene.com)
•Sheriff Mark Benton later claims he doesn’t know if he has the legal right to detain an intoxicated suspect after bond had been posted. (With over 30 years experience with the Natrona County Sheriffs’ Department, why doesn’t he know?). It’s also noted that other County jails in the State of Wyoming have a mandatory hold until sober policy already in place. (Why doesn’t Natrona County?)
•Police Chief Pagel then steps up on behalf of Sheriff Benton and states that a law is needed in order to hold intoxicated suspects in jail until sober. (With over 5 ½ years as the Casper Police Chief, why has it taken him so long to suggest such a law?)
•Senate file 59 was then introduced at the State of Wyoming 59th Legislative Session.
•Three of the five members of the Judiciary Committee voted to kill Senate file 59. Those three members consist of two Attorneys and the Cheyenne Chief of Police.
Sheriff Benton is then quoted in the Casper Star Tribune, “Natrona County Sheriff Mark Benton plans to revisit his jail's policy governing the release of drunken suspects after a Wyoming legislative committee killed a bill that would have required drunken drivers to sober up before their release”. "It is far too important," "We can't just have these people leaving incarceration under the influence. And we need guidelines to keep that from happening." (Note: the Irene incident took place on 12/30/07. Why hasn’t he changed the guidelines already?)
•Public printed comments from Natrona County Attorney Eric Nelson as to the Natrona County Detention Center policy that allows for bail out of un-sober intoxicated suspects have not be found as of to date.
•Public printed response from City of Casper Police Chief Tom Pagel as to the failure of Senate file 59 have not been found as of to date.
•Clapp and Associates, P.C. somewhere along the line was hired to represent the Irene family. Todd Ingram’s and Larry Clapp’s comments above are interesting to say the least. (When Larry Clapp was Mayor and or a Legislator was he aware of the Natrona County Detention Center’s policy that allows for bail out of un-sober intoxicated suspects?)
•According to the “Rules of Professional Conduct” does Clapp and Associates, P.C. have any potential “Conflicts of Interests” in representing the Irene family?
Again “What the Heck” is really going on here? Why wasn’t something done to change the Bail out policy way back on 12/30/07. In my opinion the first priority clearly illustrated in this incident has been to protect the politicians first. The last priority has been to place the Publics’ safety and wellbeing on the back burner and worry about them sometime much later.
"
WHAT THE HECK wrote on Feb 25, 2008 4:11 PM:
•Attorney Larry Clapp is a partner in Clapp and Associates, P.C.
•Larry Clapp is a former Mayor of the City of Casper. (Ref: CST 06/05/06)
•Larry Clapp is a former State of Wyoming Legislator. (Ref: CST 06/05/06)
•Tom Pagel, became City of Casper’s Police Chief in May 2002, and was a former State of Wyoming Department of Criminal Investigation Director for 12 years.
•Gordon Clapp, Larry Clapp’s brother is a former City of Casper policeman.
•Gordon Clapp now works as an administrator at the Natrona County Detention Center.
•Natrona County Sheriff Mark Benton is responsible for the administration staff of the Natrona County Detention Center.
•Doug Downs was arrested (first time) for DUI and taken to the Natrona County Detention Center.
•Doug Downs requested that Sean B. be called to recover his truck. (Ref: www.jeffirene.com) Who is Sean B.? Is Sean B. a relative, a friend, an attorney or what?
•Doug Downs is then released from the Natrona County Detention Center still legally drunk. (Did Downs have an Attorney present at the time of his release? If so who was it?)
•Doug Downs then returns to a Bar and continues drinking.
•Doug Downs, still legally drunk, then gets behind the wheel of a 1998 White Chevrolet Tahoe license #1P1ARG (Ref: www.jeffirene.com). Who does the Tahoe belong to? Does it belong to a friend, a relative or what?
•Doug Downs then somehow hits and subsequently drags Jeff Irene with the Tahoe, 1.1 miles trough downtown Casper.
•Downs then stops at 1147 Oak (Ref: www.jeffirene.com) and discovers Jeff Irene and that he is critically injured. Who lived at 1147 Oak?
•Sheriff Mark Benton later claims he doesn’t know if he has the legal right to detain an intoxicated suspect after bond had been posted. With over 30 years experience with the Natrona County Sheriffs’ Department, why doesn’t he know?. It’s also noted at that time that other County jails in the State of Wyoming have a mandatory hold until sober policy already in place. Why doesn’t Natrona County?
•Police Chief Pagel then steps up on behalf of Sheriff Benton and states that a law is needed in order to hold intoxicated suspects in jail until sober. With over 5 ½ years as the Casper Police Chief, why has it taken him so long to suggest such a law is needed?
•Senate file 59 was then introduced at the State of Wyoming 59th Legislative Session.
•Senator Ken Decaria D-Evanston “said drunks are held until sober in his county as part of jail policy.” (Ref: www.wyomingnews.com 02/19/08)
•“Byron Oedekoven of the Wyoming Association of Sheriffs and Chiefs of Police said he was surprised by the Casper incident, since the majority of jails do hold drunken drivers until they blow 0.00.” (Ref: www.wyomingnews.com 02/19/08)
•City of Cheyenne Police Chief, Senator Bob Fecht said “It would cost agencies additional money if they are forced to hold every drunken driver they encounter.” (Ref: www.wyomingnews.com 02/19/08)
•“Senator Tony Ross, R-Cheyenne, said he had the opportunity to hear from several judges who believe the legislation would be misplaced among DUI statues and is more appropriate as an administrative or bail issue.” (Ref: www.wyomingnews.com 02/19/08)
•Three of the five members of the Judiciary Committee voted to kill Senate file 59. Those three members consist of one Attorney, a Teacher and a Self-Employed Individual. (Ref: www.wyomingnews.com 02/19/08)
•Sheriff Benton is then quoted in the Casper Star Tribune, “Natrona County Sheriff Mark Benton plans to revisit his jail's policy governing the release of drunken suspects after a Wyoming legislative committee killed a bill that would have required drunken drivers to sober up before their release”. "It is far too important," "We can't just have these people leaving incarceration under the influence. And we need guidelines to keep that from happening." (Note: the Irene incident took place on 12/30/07. Why hasn’t he changed the guidelines already?)
•Public printed comments from Natrona County Attorney Eric Nelson as to the Natrona County Detention Center policy that allows for bail out of un-sober intoxicated suspects have not be found as of to date.
•Public printed response from City of Casper Police Chief Tom Pagel as to the failure of Senate file 59 have not been found as of to date.
•Clapp and Associates, P.C. somewhere along the line was hired to represent the Irene family. Todd Ingram’s and Larry Clapp’s comments above are interesting to say the least. (When Larry Clapp was Mayor and or a Legislator was he aware of the Natrona County Detention Center’s policy that allows for bail out of un-sober intoxicated suspects?)
•According to the “Rules of Professional Conduct” does Clapp and Associates, P.C. have any potential “Conflicts of Interests” in representing the Irene family?
Again “What the Heck” is really going on here? Why wasn’t something done to change the Bail out policy way back on 12/30/07. In my opinion the first priority clearly illustrated in this incident has been to protect the politicians first. The last priority has been to place the Publics’ safety and wellbeing on the back burner and worry about them sometime much later.
"
RightOn wrote on Feb 26, 2008 1:57 PM:
Family Friend wrote on Apr 2, 2008 9:21 PM:
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