Is Life Sentence Too Harsh For Man Convicted of Ninth DWI

[bonnie]

Is Life Sentence Too Harsh For Man Convicted of Ninth DWI?

Texas District Attorney Says Punishment Fits Repeated Crime

210 comments

By EMILY FRIEDMAN

Aug. 13, 2010

The ninth conviction was the breaking point for one Texas judge who earlier this week sentenced a habitual drunken driver to life in prison.

A Texas man is sentenced to life in prison for his ninth DWI conviction.

Bobby Stovall, 54, was driving his truck in Round Rock, Texas, in early July when he weaved through several lanes of traffic and hit another vehicle, injuring the driver. It was later determined that Stovall had a blood alcohol concentration of .32, four times the legal limit in Texas.

And while that DWI was certainly enough to get Stovall in trouble with the law, when the judge found out the defendant had eight prior DWI convictions across several different counties in Texas, he ordered up a life sentence for Stovall.

"This is someone who very deliberately has refused to make changes and continued to get drunk and get in a car and before he kills someone we decided to put him away," said Williamson County District Attorney John Bradley.

Bradley said that in addition to the multiple DWI convictions , Stovall also had a extensive rap sheet for other crimes, including burglary, credit card abuse and supplying alcohol to a minor.

"He basically walked through the penal code for the past twenty years without any regard for safety or society," said Bradley. "In every single one of his cases he had an opportunity to change."

But some argue that Stovall's sentence was too harsh and that the court should have considered his struggle with alcoholism.

"This guy has a disease, he is an alcoholic and this isn't the kind of situation where he's acting with malice to hurt people," said Lawrence Taylor, a DUI lawyer and author of "Drunk Driving Defense."

"He has a serious problem and I hope the days are past where we think alcoholism is something you choose," said Taylor.

Taylor said that he does not agree with the judge's sentencing of Stovall and would have preferred more "rehabilitation" than "ending his life."

"You're essentially doing just that, ending this man's life, at the expense of taxpayers," he said.

But Bradley says that it's better to lock up a man like Stovall -- and prevent him from hurting someone in the future -- than give him yet another chance.

"I think that the ninth time you get caught and punished for [drunken driving] you would have found some way of not getting in that car," said Bradley.

"It's a big dodge to focus on the disease and not the crime," said Bradley. "It's a huge social excuse for dangerous conduct."

Williamson County, Bradley said, has long had a reputation for handing down harsh sentences to those who commit violent felonies or who are repeat offenders.

About two people per year receive sentences for repeat drunk driving convictions, said Bradley.

"The point is to prevent crimes," said Bradley, who added that the county boasts one of the lowest crime rates compared to other Texas counties of similar size.

"If this guy was using a shotgun to shoot lights randomly around his neighborhood I doubt we'd be [getting criticized] for the sentencing," he said. "In this case he's simply using his truck as his weapon."

Stovall would be eligible for parole in five years, but depending on his conduct in prison and other factors, that could be as long as 10 to 15 years.

A phone message left with Stovall's lawyer wasn't immediatley returned.

[phkrause]

I have no problem with this verdict. :)

[bonnie]

I have no problem with this verdict.

Personally I would like to see it used a little more frequently

[bonnie]

Hmmm...wonder if that is a relative! I have some living in that area, though not in touch, so to speak. Nine...sounds like he isn't going to change...surprised he hasn't killed somone by now...best put him away before he does!!!!

I seriously doubt I would give someone 9 chances to see how many he cold kill.

First time,500.00 fine and suspended license for 90 days.Second time1,000.00 fine and suspended license for 6 months.

Third time behind bars for life.

People that kill others while drinking have given their victims and families a life sentence.One that they cannot be paroled from

[doug yowell]

I think we should pose this question to the people of Saudi Arabia? Too harsh??

[phkrause]

Hmmm...wonder if that is a relative! I have some living in that area, though not in touch, so to speak. Nine...sounds like he isn't going to change...surprised he hasn't killed somone by now...best put him away before he does!!!!

Actually started thinking about this and the number of convictions this guy has, and remembered back a few years Oprah had a show on many guys that had been convicted many times. The nine is small potatoes compared to some of these clowns. She had found one guy that had 13 convictions and was still driving. Not sure when enough is enough. But obviously a life sentence is a good thing for many.

[fccool]

I really have a better solution that would alleviate the problem. $50/ bottle tax hard liquor. $10/ bottle on soft. Channel these funds to rehabilitation and education programs. We've done it well with smoking, and it's virtually an anathema today.

Instead people get hooked on alcohol, and then penalized for their addiction and lack of control. Likewise we penalize the families of the victims by acting reactively. If there are any justification for statism that would be it, and it fails miserably on all accounts.

[Dr. Shane]

Alcoholism is a disease that can be arrested. There is help. There is no excuse for anyone to continue engaging in alcoholic behavior once they figure out they are alcoholic. I have been in Alcoholics Anonymous for 25 years now and think that most alcoholics realize they have a problem by the time they get their second DWI. Drinking beyond that point is primarily caused by pride. They are too proud to humble themselves to work the program of recovery. I suspect everyone on this board has had issues with pride so I would caution any at being to quick to point the finger. Come judgment day, those of us that haven't overcome pride will be wishing all God would give us is a life sentence.

Does this drunk deserve a life sentence? The answer is yes. Should society give him the life sentence? The answer is no. There are other ways of dealing with his deviant behavior. A judge can force him to take anabuse. That would prevent him from drinking. He can be put under house arrest, allowed to work, monitored with a gps and required to give UAs weekly. Not only are these cheaper solutions, they keep the person as an asset to the community rather than a liability. It is not in society's best interest to lock non-violent criminals up.

[Dr. Shane]

I really have a better solution that would alleviate the problem. $50/ bottle tax hard liquor. $10/ bottle on soft. Channel these funds to rehabilitation and education programs. We've done it well with smoking, and it's virtually an anathema today.

We don't want to create a black market. Alcohol is easy to make at home. All one needs is fruit or grain. Alcohol is already taxed high. If we could capture the taxes we now get from alcohol and dedicate them to rehabilitation treatment alone, that would be enough to fund all the rehabilitation centers needed.

[fccool]

Well said on the previous one, yet the black market does make it much harder to get alcohol. I'm not talking about making it illegal. I'm talking about making it much harder to obtain.

The cigarette tax is much more disproportionate compared to alcohol one, and it works.

I actually would advocate doing the same with drugs like marijuana and cocaine. Legalize them, but tax them. The US economy benefits nearly 250 billion / year from world drug trade as these money are channeled into US banks and turned into securities that government sells.

No drug trade, no US economy. It's sad, but that's the reality that no one understands. I think it could be likewise said about alcohol. The consumption is so widespread that it's a solid tax revenue generator that gives hundreds of millions to states yearly.

That's the reason why the states don't outlaw it.

[phkrause]

Both you and Shane make some very good points, but I haven't heard that cigarette tax has actually lowered cigarette smoking, from what I've heard smoking among young girls has actually gone up. Not sure why, since not only does it cost more per pack but like you said its also got higher taxes than ever before.

[SivartM]

Uh... can't they just take away his license, vehicle, ability to purchase alcohol, etc.? A life sentence definitely seems way to harsh to me.

[Liz]

Uh... can't they just take away his license, vehicle, ability to purchase alcohol, etc.? A life sentence definitely seems way to harsh to me.

Well, they did, they took away his license, his vehicle and his ability to purchase alcohol, they just also took away his freedom. He will now live a long life, as will those that had to share the roads with him.

[fccool]

That's a sterilized version of what actually happened. He will live a long life of slavery, working for prison-industrial complex that will benefit from 25 cents/ hour labor, on top of taxpayers money that we will pay them to keep him locked up until he dies. Qui Bono?

[bonnie]

Uh... can't they just take away his license, vehicle, ability to purchase alcohol, etc.? A life sentence definitely seems way to harsh to me.

You can't prevent anyone buying or obtaining alcohol.

Taking his license prevents him from buying a car.He would have to buy from a private buyer and then not transfer.You cannot transfer unless you are a licensed driver.

It might not seem to harsh if you had been on the receiving end of this man's irresponsible behavior.He made the conscious decision to drink and drive.

One good example of a harsh punishment is the woman that lost her mother,her husband and three year old daughter at the hands of a drunk. There isn't any time of for good behavior. Their faces are the first thing waking up in the morning she will see and the last at night going to sleep.

He is where he belongs

[bonnie]

That's a sterilized version of what actually happened. He will live a long life of slavery, working for prison-industrial complex that will benefit from 25 cents/ hour labor, on top of taxpayers money that we will pay them to keep him locked up until he dies. Qui Bono?

Let's hope he lives long enough that he can find Christ and accept his punishment as just.He willingly took the chance of killing others.

He should work and in prison it should not be to his benefit. I will gladly help pay the "rent" to keep drunks off the road

[fccool]

Will you gladly pay my share too?

[phkrause]

After 9 times, the person was obviously not showing any desire to change their ways. I doubt even forced rehab would work. Prison is about punishment first, rehab 2nd. Sometimes they go together and it is a successful experience. In this case, removal from society was safer for everyone. Do the crime, do the time.

I agree with you.

[Dr. Shane]

A friend of mine is an RN. He got multiple DWIs. He lost his nursing license for quite some time. Now that he got it back, he has to call phone number every day and an automated system will tell him if he needs to go get a UA. When the automated system tells him he needs a UA, I believe he has less than two hours to get one. If he tests positive for alcohol or any illegal drug, he loses his nursing license for good.

Does everyone know what antabuse is? It works. When one is ordered to take antabuse, they have to go to the pharmacy daily and the pharmacist must witness them taking the pills. It is a lot cheaper than prison - especially a life sentence.

[phkrause]

No I've never heard of that Shane. Does sound like a good allturnative(sp)

[Dr. Shane]

Antabuse works for the vast majority that use it. It certainly should be tried before giving a non-violent offender a life sentence. Antabuse isn't the only alternative. Home arrest with a gps device is cheaper than prison. There are many alternatives that can work. Our society is way too quick to lock non-violent offenders up. The results are that many violent offenders get out early because there isn't room for them.

[WayneV]

Shane,

I am not sure I would consider this guy a non-violent offender. Consider the following quotes from the article Bonnie posted. Emphasis added by myself.

Bobby Stovall, 54, was driving his truck in Round Rock, Texas, in early July when he weaved through several lanes of traffic and hit another vehicle, injuring the driver...Bradley said that in addition to the multiple DWI convictions , Stovall also had a extensive rap sheet for other crimes, including burglary, credit card abuse and supplying alcohol to a minor...But Bradley says that it's better to lock up a man like Stovall -- and prevent him from hurting someone in the future -- than give him yet another chance..."If this guy was using a shotgun to shoot lights randomly around his neighborhood I doubt we'd be [getting criticized] for the sentencing," he said. "In this case he's simply using his truck as his weapon."

Agape`

[Dr. Shane]

I consider it to be non-violent because there is no malicious intent. Most alcoholics do drive drunk. The number of DWIs they get depends on often they get caught, not how often they actually drive drunk. There are a lot better ways of dealing with alcoholics than locking them up. There are devices that can be installed in their car to make sure they are sober before they drive. The offender actually pays for these things so it doesn't cost the tax payer anything.

We need to try to get people out of prison that don't need to be there so that there is room for those that do.