A Montgomery County Police officer who crashed his take-home cruiser on Interstate 270 in May has pleaded guilty to driving under the influence.
In an Oct. 3 plea agreement, the state dropped two lesser drunk-driving charges and District Court Judge Stephen P. Johnson gave Officer John Distel, a first-time offender, the disposition of "probation before judgment" — meaning the guilty plea will never appear on his permanent driving record if he meets all probation criteria for one year.
Probation before judgment, or PBJ, is often viewed as a best-case scenario by defense attorneys, observers said. Distel now faces an internal affairs investigation by Montgomery County Police.
"John Distel is a decorated officer and he looks forward to continuing his work for the county as a police officer," his private attorney Michael A. Taylor said Monday.
Distel, 32, a six-year county police veteran and patrol officer with the 2nd District station in Bethesda, crashed into two highway barriers about 1:25 a.m. on May 9 while driving south on Interstate 270 near the Montgomery Village overpass in Gaithersburg, according to county police. He sustained minor injuries in the crash, but was not taken to the hospital, police said. No one else was injured and he was the "sole witness" to the crash, Lt. Paul Starks, county police spokesman said in May.
County police conducted the police investigation, involving alcohol and collision investigation units, after Distel claimed he was a victim of a hit-and-run collision.
Police charged Distel, who lives in Germantown and previously worked in the 6th District in Gaithersburg, with driving under the influence, driving under the influence per se, and driving while impaired, according to court records.
Johnson placed Distel on one year supervised probation, which means he must check in periodically with a parole and probation officer and is banned from drinking alcohol for one year. Distel had enrolled in and is completing alcohol treatment, Taylor said in court. Distel was fined $307.50 and his driver's license was restored.
"Brief mention" of the "hit-and-run" allegations was made in court by Assistant State's Attorney Sharon Diamant, Taylor said on Monday. Diamant did not return calls for comment.
According to a collision report, Distel told police that he was driving his 2003 Crown Ford Victoria in the highway's center lane, when a silver Toyota passing on his left first struck his cruiser's rear and then its front, forcing him to lose control of his cruiser, spin and hit both the left and right shoulders of the four-lane span. The Toyota fled the scene, he told police. Starks said Monday that Distel gave a differing account after the initial investigation began.
"Officer Distel mistakenly believed that is what happened, he had suffered head trauma from the airbags discharging in his face," said Taylor.
Diamant referenced Distel's breath test and field sobriety test results in court, Taylor said. The Rockville attorney said he had "no comment" on why Distel used a cell phone to report the crash, rather than his in-car radio.
Per protocol, county police took away Distel's take-home car privileges and placed him on 90 hours of paid administrative leave in May, Starks said. He returned on restricted duty to a desk job on May 27, minus powers of a sworn police officer. Since September, Distel has had his police powers back, but he has not returned to patrol.
Now that the court process is complete, department policy stipulates that the officer must face an internal investigation to determine any administrative violations and his fate with the department. That review is now underway, Starks said. Repercussions could range from a fine or loss of personal leave to a letter of reprimand to termination, Starks said. The most serious punishments are usually held for officers with previous sustained history.
County policy also says that employees involved in alcohol-related incidents could be steered toward a diversion program.
According to department regulations, officers are not allowed to drive their cruisers within four hours of consuming alcohol.
A lawyer for the Fraternal Order of Police Montgomery County Lodge 35, the county police union, will represent Distel in the internal investigation, Taylor said.
According to court records, Distel has no prior traffic violations in Montgomery County. Taylor told the court that Distel is an Iraq war veteran, who served in Iraq in 2004. He served fulltime with the U.S. Army from 1996 to 2001 and as an Army reserve officer from 2001 to 2004, when he was honorably discharged from active duty.
Wednesday, October 15, 2008
Tuesday, October 14, 2008
Salty's sued over DUI death
PANAMA CITY BEACH — The wife of a man killed by a drunk driver last year filed suit Monday against the bar he was working for the night of the crash.
On the one-year anniversary of Clint Malone's death, his wife, Jennifer Malone, filed a lawsuit against Salty's Bar and Grill, 10908 Front Beach Road, and the establishment's managers, Kellen, Robert, Robert Jr. and Kellye Potter.
According to the complaint, Jeremy Matthew Hunt was working as a bar back, an assistant to the bartender, the night of Oct. 12 and into the morning of Oct. 13, 2007. Hunt left the bar drunk, according to the lawsuit, and his vehicle hit Clint Malone, 36, as he was riding a bicycle on Thomas Drive alongside Jennifer Malone, who was training for the New York City Marathon.
Hunt, 21, pleaded on contest in July to DUI manslaughter and leaving the scene of an accident with death. He received 10 years in prison followed by 20 years on probation.
Malone's lawyer, David Carter of Vero Beach, wrote in the complaint that the management of Salty's "had a policy or procedure whereby employees, including underage employees, were permitted to consume alcohol on Salty's premises."
A telephone number for the business was disconnected and phone numbers for the Potters could not be immediately located.
Carter wrote that Salty's knew Hunt was drinking on the job and he did so in the presence of management.
"Defendants had actual or constructive knowledge of multiple incidents in which Jeremy Hunt became intoxicated from alcohol provided by defendants on Salty's premises, then drove a vehicle in an intoxicated condition," Carter wrote. On the morning of the crash, he said, Hunt "consumed alcohol with defendants' consent and encouragement."
Carter said Salty's management also was negligent because it "failed to adequately and reasonably train and supervise Jeremy Hunt in the performance of his duties, including but not limit to Jeremy Hunt's participation in Salty's providing of alcohol and encouraging employees to consume alcohol."
Carter sued for Jennifer Malone's mental pain and suffering, as well as the suffering of her two children, and the loss of Clint Malone's companionship and support. The suit also asks for compensation for medical and funeral expenses and loss of earnings.
On the one-year anniversary of Clint Malone's death, his wife, Jennifer Malone, filed a lawsuit against Salty's Bar and Grill, 10908 Front Beach Road, and the establishment's managers, Kellen, Robert, Robert Jr. and Kellye Potter.
According to the complaint, Jeremy Matthew Hunt was working as a bar back, an assistant to the bartender, the night of Oct. 12 and into the morning of Oct. 13, 2007. Hunt left the bar drunk, according to the lawsuit, and his vehicle hit Clint Malone, 36, as he was riding a bicycle on Thomas Drive alongside Jennifer Malone, who was training for the New York City Marathon.
Hunt, 21, pleaded on contest in July to DUI manslaughter and leaving the scene of an accident with death. He received 10 years in prison followed by 20 years on probation.
Malone's lawyer, David Carter of Vero Beach, wrote in the complaint that the management of Salty's "had a policy or procedure whereby employees, including underage employees, were permitted to consume alcohol on Salty's premises."
A telephone number for the business was disconnected and phone numbers for the Potters could not be immediately located.
Carter wrote that Salty's knew Hunt was drinking on the job and he did so in the presence of management.
"Defendants had actual or constructive knowledge of multiple incidents in which Jeremy Hunt became intoxicated from alcohol provided by defendants on Salty's premises, then drove a vehicle in an intoxicated condition," Carter wrote. On the morning of the crash, he said, Hunt "consumed alcohol with defendants' consent and encouragement."
Carter said Salty's management also was negligent because it "failed to adequately and reasonably train and supervise Jeremy Hunt in the performance of his duties, including but not limit to Jeremy Hunt's participation in Salty's providing of alcohol and encouraging employees to consume alcohol."
Carter sued for Jennifer Malone's mental pain and suffering, as well as the suffering of her two children, and the loss of Clint Malone's companionship and support. The suit also asks for compensation for medical and funeral expenses and loss of earnings.
Friday, October 10, 2008
Man Convicted In DUI Records-Altering Case
Man Arranged Payments, Jury Says
SACRAMENTO, Calif. -- A man was convicted Friday in connection with his role in a DUI records-altering scheme, the district attorney's office said.
Hector Whitley was convicted on 10 felony counts involving conspiracy, secreting and destroying court records, and making fraudulent computer entries in seven DUI cases, Deputy District Attorney Don Steed said.
"The jury has made a clear statement that the obstruction of justice will not be tolerated by the criminal justice system or the community," Steed said.
Former Sacramento Superior Court clerk Fernando Catlin, the co-defendant, was assigned to enter data relating to active DUI cases.
Whitley was identified as the person who offered to arrange for the dismissals through Catlin in return for money, the office said.
Investigators linked seven false case dismissals to court orders and computer entries made by Catlin.
Catlin was sentenced in August to five years in state prison.
Whitley faces up to eight years in state prison, Steed said.
SACRAMENTO, Calif. -- A man was convicted Friday in connection with his role in a DUI records-altering scheme, the district attorney's office said.
Hector Whitley was convicted on 10 felony counts involving conspiracy, secreting and destroying court records, and making fraudulent computer entries in seven DUI cases, Deputy District Attorney Don Steed said.
"The jury has made a clear statement that the obstruction of justice will not be tolerated by the criminal justice system or the community," Steed said.
Former Sacramento Superior Court clerk Fernando Catlin, the co-defendant, was assigned to enter data relating to active DUI cases.
Whitley was identified as the person who offered to arrange for the dismissals through Catlin in return for money, the office said.
Investigators linked seven false case dismissals to court orders and computer entries made by Catlin.
Catlin was sentenced in August to five years in state prison.
Whitley faces up to eight years in state prison, Steed said.
Tuesday, October 7, 2008
AG's decision means Chicago officer to go free
Iowa Attorney General Tom Miller decided today not to seek a review of a state appeals court ruling overturning the assault conviction of a Chicago police officer.
The officer, Michael Mette, could be quickly released from the Rockwell City state prison, perhaps within a day or two, state officials said.
The Iowa Court of Appeals threw our Mette’s conviction last week and ordered a Dubuque County District Court to acquit the officer.
Miller had 20 days to ask the Iowa Supreme Court to review the ruling, but he acted Tuesday by announcing that while he disagreed with the Court of Appeals analysis, he accepted the outcome.
“This case hinges on the factual findings set out in the District Court ruling and does not present the kind of clear legal issue which would be necessary for a successful application for further review to the Iowa Supreme Court,” according to a statement issued late this afternoon by Miller’s office.
Mette, 31, has been serving a five-year prison sentence that stemmed from an incident while he visited Dubuque on Oct. 9, 2005, to celebrate his brother’s 25th birthday. He went to a party at the home of Jake Gothard and quickly decided to leave, but Gothard became angry. Gothard and another man, Nicholas Boyd, followed Mette and his friends, yelling and threatening them with physical violence.
After some threats, pushing and shoving, Mette punched Gothard, breaking the man’s nose, cheek and jaw and knocking him unconscious, the court said. Gothard's blood-alcohol content was .27, more than triple the level at which an Iowa motorist is considered intoxicated, court records show.
When police officers arrived at the scene and questioned Mette and his brother, they both claimed Gothard had been drunk and fell down, according to court testimony.
An officer then noticed blood on Mette's hand and shirt and questioned him further. Mette then admitted punching Gothard, the court said. Mette claimed self-defense, but was convicted by Dubuque County Judge Monica Ackley. She ruled Mette had an obligation tor retreat from the situation.
Mette’s case gained widespread attention in Illinois, where the conviction was viewed as outrageous. Chicago Mayor Richard Daley wrote to Iowa Gov. Chet Culver, seeking a pardon for Mette. So did Cook County State’s Attorney Richard Devine and Chicago Police Superintendent Jody Weis.
Iowa Attorney General Tom Miller decided today not to seek a review of a state appeals court ruling overturning the assault conviction of a Chicago police officer.
The officer, Michael Mette, could be quickly released from the Rockwell City state prison, perhaps within a day or two, state officials said.
The Iowa Court of Appeals threw our Mette’s conviction last week and ordered a Dubuque County District Court to acquit the officer.
Miller had 20 days to ask the Iowa Supreme Court to review the ruling, but he acted Tuesday by announcing that while he disagreed with the Court of Appeals analysis, he accepted the outcome.
“This case hinges on the factual findings set out in the District Court ruling and does not present the kind of clear legal issue which would be necessary for a successful application for further review to the Iowa Supreme Court,” according to a statement issued late this afternoon by Miller’s office.
Mette, 31, has been serving a five-year prison sentence that stemmed from an incident while he visited Dubuque on Oct. 9, 2005, to celebrate his brother’s 25th birthday. He went to a party at the home of Jake Gothard and quickly decided to leave, but Gothard became angry. Gothard and another man, Nicholas Boyd, followed Mette and his friends, yelling and threatening them with physical violence.
After some threats, pushing and shoving, Mette punched Gothard, breaking the man’s nose, cheek and jaw and knocking him unconscious, the court said. Gothard's blood-alcohol content was .27, more than triple the level at which an Iowa motorist is considered intoxicated, court records show.
When police officers arrived at the scene and questioned Mette and his brother, they both claimed Gothard had been drunk and fell down, according to court testimony.
An officer then noticed blood on Mette's hand and shirt and questioned him further. Mette then admitted punching Gothard, the court said. Mette claimed self-defense, but was convicted by Dubuque County Judge Monica Ackley. She ruled Mette had an obligation tor retreat from the situation.
Mette’s case gained widespread attention in Illinois, where the conviction was viewed as outrageous. Chicago Mayor Richard Daley wrote to Iowa Gov. Chet Culver, seeking a pardon for Mette. So did Cook County State’s Attorney Richard Devine and Chicago Police Superintendent Jody Weis.
Sunday, October 5, 2008
Two blondes
Two blondes decided to rob a bank together. The first blonde, Judy plans the robbery and goes over the plan with the second blonde, Buffy, in great detail. The robbery begins...
Judy drives up in front of the bank, stops the car and says to Buffy, "I want to make absolutely sure you understand the plan. You are supposed to be in and out of the bank in no more than three minutes with the cash. Do you understand the plan?" "Perfectly," said Buffy. Buffy goes in the bank while Judy waits in the getaway car. One minute passes... Two minutes pass... Seven minutes pass... and Judy is really stressing out. Finally, the bank doors burst open! And here comes Buffy. She's got a safe wrapped up in rope and is dragging it to the car. About the time she gets the safe in the trunk of the car, the bank doors burst open again with the security guard coming out. The guard's pants and underwear are down around his ankles while he is firing his weapon. As the gals are getting away, Judy says "You are such a blonde! I thought you understood the plan!" Buffy said, "I did... I did exactly what you said!" "No, you idiot," said Judy. "You got it all mixed up. I said tie up the GUARD and blow the SAFE!"
Cheap And Simple Ways To Ward Off Burglars
The following are a few simple ways to keep burglars out of the house by putting a few signs in well-placed locations.
Dear Mr. Butcher, starting tomorrow, please leave eight pounds of meat for Brutus. Six pounds only makes him angry and vicious!
Dear Mr. Mailman, we found bloodstains all over our mail. They must be yours. The next time you put mail into our slot, please be sure to keep all parts of your body well clear of all openings. P.S. - Any sign of that book we sent for, "The Care and Feeding of Wild Jungle Cats"?
Selma, don't come in! The boa constrictor got loose again...
Dear Mr. Exterminator, be very careful when you go inside! The termites have eaten through most of the floorboards and you will fall into the basement where all of the rats are!
To whom it may concern: Some of the items in this house have been engraved with Federal Identification Numbers. Others have merely been wired to explode when touched. Good luck...
Judy drives up in front of the bank, stops the car and says to Buffy, "I want to make absolutely sure you understand the plan. You are supposed to be in and out of the bank in no more than three minutes with the cash. Do you understand the plan?" "Perfectly," said Buffy. Buffy goes in the bank while Judy waits in the getaway car. One minute passes... Two minutes pass... Seven minutes pass... and Judy is really stressing out. Finally, the bank doors burst open! And here comes Buffy. She's got a safe wrapped up in rope and is dragging it to the car. About the time she gets the safe in the trunk of the car, the bank doors burst open again with the security guard coming out. The guard's pants and underwear are down around his ankles while he is firing his weapon. As the gals are getting away, Judy says "You are such a blonde! I thought you understood the plan!" Buffy said, "I did... I did exactly what you said!" "No, you idiot," said Judy. "You got it all mixed up. I said tie up the GUARD and blow the SAFE!"
Cheap And Simple Ways To Ward Off Burglars
The following are a few simple ways to keep burglars out of the house by putting a few signs in well-placed locations.
Dear Mr. Butcher, starting tomorrow, please leave eight pounds of meat for Brutus. Six pounds only makes him angry and vicious!
Dear Mr. Mailman, we found bloodstains all over our mail. They must be yours. The next time you put mail into our slot, please be sure to keep all parts of your body well clear of all openings. P.S. - Any sign of that book we sent for, "The Care and Feeding of Wild Jungle Cats"?
Selma, don't come in! The boa constrictor got loose again...
Dear Mr. Exterminator, be very careful when you go inside! The termites have eaten through most of the floorboards and you will fall into the basement where all of the rats are!
To whom it may concern: Some of the items in this house have been engraved with Federal Identification Numbers. Others have merely been wired to explode when touched. Good luck...
Celebrity Mug Shots
Celebrity Mug Shots
Like anyone else charged with a crime, celebrities must be photographed by police after being arrested, and those images then become a matter of public record.
When he was 19, rapper 50 Cent pleaded guilty to selling controlled substances (heroin and crack cocaine). Later, in July 2005, he received two years of probation for three counts of assault and battery stemming from an incident a year prior when the singer jumped into the audience after being hit by a water bottle.
Brad Renfro the tough-but-adorable Jack Swade in The Client, was on the other side of the law in August 2000 after he and a pal tried to steal a yacht docked in a Fort Lauderdale, Florida marina. The then-teenager was charged with grand theft and sentenced to two years' probation for the crime. He was also ordered to pay hefty damages to the yacht's owner.
Like anyone else charged with a crime, celebrities must be photographed by police after being arrested, and those images then become a matter of public record.
When he was 19, rapper 50 Cent pleaded guilty to selling controlled substances (heroin and crack cocaine). Later, in July 2005, he received two years of probation for three counts of assault and battery stemming from an incident a year prior when the singer jumped into the audience after being hit by a water bottle.
Brad Renfro the tough-but-adorable Jack Swade in The Client, was on the other side of the law in August 2000 after he and a pal tried to steal a yacht docked in a Fort Lauderdale, Florida marina. The then-teenager was charged with grand theft and sentenced to two years' probation for the crime. He was also ordered to pay hefty damages to the yacht's owner.
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