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State v. Blanchard11/12/2003
ot spoken to defendant, nor had she reviewed any information regarding defendant or the instant case.
At the time of sentencing, defendant was employed as a heavy equipment operator, and had been employed by J.C. Trulen the past 18 months. Mr. Trulen stated that defendant worked for him on a part-time basis; showed up when he said he would; did assigned work appropriately; was extremely good at his profession; supported his family; that his family supported him; and that he had a good relationship with his "wife" [common-law relationship]. Mr. Trulen testified that defendant was his friend; that he was a good guy; that the DWI charge did not change his opinion about him; that he would hire defendant if he were released from jail in the future; and that he was a hard worker. He explained that he never observed defendant drink alcohol or be under the influence of alcohol in the 18 months that defendant worked for him.
Gale Blanchard, defendant's father, testified that he was a recovering alcoholic, and that he became aware of his son's situation when a lady at Charity Hospital called to tell him his son had been in a head-on collision. Mr. Blanchard testified that defendant was injured in that collision and sustained a torn spleen, a tear in his intestines, a collapsed lung, and that he was in and out of consciousness. Mr. Blanchard said that while his son was at the hospital for 19 days he suffered from alcohol withdrawal.
Mr. Blanchard stated that, since the accident, his son was a changed man, and that he was now a loving father to his children. He explained that if the judge gave his son probation, that he would assist him by getting him to and from a treatment facility, that he would help his son financially to get him into an inpatient facility and to pay the victim's medical bills and restitution.
Defendant testified that he worked for Mr. Trulen, and that he started working for him right after the accident. He explained that he had pled guilty to the DWI in this case and that he had been convicted in two previous DWI cases. Defendant admitted being addicted to alcohol. He testified that he had been drinking since he was 15 years old, that his life was unmanageable, and that after this accident he had "seen the light" and did not have the feeling to drink anymore.
Defendant further testified that he desired rehabilitation, and that he would be willing to go to a locked-down type of facility for an extended period of time. He apologized to the victim, and stated that he was willing to pay her restitution for out-of-pocket expenses. Defendant testified that he would be willing to sign an income assignment in her favor. He explained that he was willing and able to take on any type of employment once released.
On cross-examination, defendant admitted that he continued to drink and drive even after his first two convictions for DWI. He testified that, on August 8, 2001, he had been drinking a lot, and admitted that the victim would suffer for the rest of her life with injuries he had caused. Defendant further testified that, after the accident that he considered his life-altering moment, he drove again without a driver's license.
In sentencing the defendant, the trial judge stated that the PSI indicated that defendant said he must have blacked out at the time of the accident, but did not know why; that he could not have been that drunk because he made it to his friend's house without incident; that he did not "buy into that rehabilitation;" and that, although he was given opportunities, defendant said that he made some of the meetings, but because of work did not go to all of the meetings. The trial judge pointed out that defen
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