NORWICH – A man was charged with drunk driving after striking another car and leaving the scene of an accident earlier this month – his third DWI charge in two years.
Prosecutors strenuously objected to Joseph Theut’s release earlier this week, saying he was currently serving two different probations for previous DWI convictions and was a danger to the community.
“Mr. Theut was on probation for a felony DWI offense at the time he committed this latest act, your honor,” said First Assistant District Attorney Stephen Dunshee. “In this latest charge, the people alleged he left the scene of an accident, after striking another person’s vehicle in the Town of Norwich and was pulled over by state police in the Plymouth area, driving with just his rims sparking down the roadway.”
Public Defender Alan Gordon challenged the ADA’s statement, saying they weren’t the facts of the case. “I don’t want to get into matters of proof right now, that’s not the purpose of this proceeding and obviously there are other versions to the incident,” he said.
Theut pleaded guilty to misdemeanor DWI on Jan. 20, 2009 in Town of Columbus Court and Dunshee said at the time, Theut’s blood alcohol percentage was more than double New York’s .08 limit.
He was sentenced to 60 days in the Chenango County Correctional Facility and given three years probation.
Then on Feb. 9, 2009, in the Town of Norwich, police again pulled Theut over and this time charged him with aggravated drunk driving, a felony, claiming his blood alcohol level was more than double the legal limit.
Theut pleaded guilty to DWI, an E class felony, in Chenango County Court Sept. 30, 2009 and was sentenced to five days in jail and five years probation. He was also accepted in Treatment Court, an intense year-long program consisting of regular drug testing, counseling and court appearances. Theut graduated from the program a year later, explained Dunshee, and was then arrested for aggravated DWI for a third time Dec. 5 after striking another vehicle driving along the roadway in the Town of Norwich.
At the time of the third arrest, Dunshee said Theut was still on probation for the previous misdemeanor and felony DWI convictions. State Police investigators accuse Theut of leaving the scene of an accident after pulling his damaged vehicle over in the Town of Plymouth driving on one of its tire rims, allegedly damaged in the Norwich collision that same day.
Dunshee said Theut appeared in Town of Plymouth Court and was remanded by Justice Paul O’Connor to the county jail on bail.
Dunshee couldn’t recall the exact bail amount, but said Theut posted the bail and was released.
Following his release, the Chenango County Court issued a warrant for Theut, claiming he violated his probation.
Dunshee said Theut spent a “few days in jail” and appeared in county court Monday.
County Judge W. Howard Sullivan ordered Theut’s release without bail despite “strenuous objection” from the DA’s Office.
“He’s driving down our roads completely intoxicated; he’s a danger to the community. When I drive on the road I fear for my own safety knowing this defendant is free,” said Dunshee.
Sullivan ordered Theut to not consume alcohol or drive. The County Probation Department also raised concern of Theut repeating his crime and requested that interlock systems be installed on all vehicles kept at Theut’s residence, even those belonging to other people. Probation officers said past incidents involving Theut included him operating other people’s vehicles under the influence. Sullivan approved the request, saying the instillation of the devices was a costly process the defense would have to pay for. The interlock devices prevent vehicles from starting unless the operator blows into the machine and it detects no alcohol.
Theut also appeared in Town Columbus Court Tuesday night for a probation violation proceeding for his previous misdemeanor conviction. He was released without bail by Justice Richard Fornito, despite another objection from Dunshee.
Theut will appear back in court at a later date.