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Lonis v. State2/18/2000
[No. 1661 - February 18, 2000]
Appeal from the Superior Court, First Judicial District, Ketchikan, Larry C. Zervos, Judge.
Michael F. Lonis was convicted, following a jury trial, of three counts of assault in the third-degree, class C felonies; driving while intoxicated, a class A misdemeanor; and failure to give notice of an accident, a class A misdemeanor. Superior Court Judge Larry C. Zervos sentenced Lonis to a composite sentence of five years and nine months with two years suspended. Lonis appeals to this court, arguing that Judge Zervos had no authority to forfeit bail based upon Lonis' failure to abide by his conditions of release, that Judge Zervos erred in granting a change of venue motion, changing venue to Ketchikan, and in not letting Lonis personally address the jury during argument. He also argues that Judge Zervos erred in awarding restitution to the victim's insurance company and imposed an excessive sentence. We conclude that Judge Zervos erred in forfeiting Lonis' bond based upon Lonis' failure to abide by his conditions of release. In all other respects, we conclude that Lonis' contentions are not meritorious and affirm his convictions and sentence.
On July 18, 1997, at approximately 5:00 p.m., Michael F. Lonis was driving his pickup truck in Wrangell, Alaska. Lonis' young son, Elwood, was in the truck with him. While driving down Case Avenue, Lonis lost control of his truck and crashed into the home of Wes and Helen Allen. The truck hit the house near the kitchen. Mrs. Allen was alone in the home at the time and sustained injuries to her neck and stomach.
After the crash, Lonis got out of his truck, and crawled into the wreckage of the house in order to lock his front hubs so that he could engage his four wheel drive. Lonis then backed out of the Allen's house and drove away. In the process, he nearly hit another car, then ran into a ditch and across a driveway. His driving was very erratic. Due to damage to his truck, Lonis had difficulty driving to his apartment. Upon arriving at his apartment, he grabbed Elwood and dragged him into the apartment complex.
Sergeant Woods was the first police officer to arrive at Lonis' apartment. Woods knocked on the door and announced herself as a police officer. Lonis did not respond. Officer Chafin later went to Lonis' apartment. Lonis told Officer Chafin that the police would not take him in without a fight. Lonis threatened to kill Chafin and appeared to arm himself with a rifle. Later, while Lieutenant McCloskey was on the scene, Lonis came out of his apartment with a rifle. He pointed the rifle in the general direction of the police officers and again threatened to kill them. Lonis then went back into his apartment. The police evacuated residents from nearby buildings and guarded Lonis' residence. Lonis gave himself up at 5:30 a.m. the next morning.
A grand jury indicted Lonis for two counts of assault in the third-degree for threatening Officer Chafin and Lieutenant McCloskey with a rifle, two counts of assault in the third-degree for injuring Mrs. Allen and Elwood with the truck, one count of driving while intoxicated, and one count of failing to give immediate notice of an accident to the police. Lonis was acquitted on the charge that he assaulted his son, but was convicted on the remaining offenses.
Lonis first contends that Judge Zervos erred in forfeiting $4,500 of his bond based upon Lonis' failure to abide by his conditions of release. He argues that Judge Zervos had no authority to forfeit the bond unless Lonis failed to appear.
At Lonis' bail hearing on July 24, 1997, Judge Zervos attached several conditions to Lonis' release: tha
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