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Powell v. State

4/9/2004

Powell's pending DWI charge in January 1988.) In November 1989, Powell was again arrested for DWI. He had run a red light, he was weaving between lanes, and his blood alcohol level was .229 percent. This became his seventh DWI conviction. In February 1990, twenty days after completing his sentence for that seventh DWI conviction, Powell was once more arrested for DWI. The district court released Powell to the Salvation Army treatment program, but he absconded after one day. Following his recapture (described in the next paragraph), Powell was convicted of his eighth DWI for this February incident. In June 1990, after eighty-one days as a fugitive from the February charge, Powell was arrested after the police stopped him for driving a vehicle with a cracked windshield. His blood alcohol level was .237 percent, and he gave a false name to the police. Based on this incident, Powell was convicted of DWI for the ninth time. But in July 1990, before that conviction was entered, and while Powell was on bail release, Powell got drunk and assaulted staff members at the Alaska Native Medical Center. (Again, Powell gave a false name when he was arrested.) In November 1991, Powell drove while intoxicated and caused a collision. After the collision, Powell tried to switch seats with his passenger and thus avoid responsibility. Based on this incident, Powell was convicted of his tenth DWI. In February 1992, Powell was convicted of leaving the scene of an accident and driving with a suspended license. Powell was released from jail on April 1, 1993. Twenty days later, he was arrested for his eleventh DWI. While he was awaiting trial, Powell wrote letters to some friends, urging them to lie for him. Following his conviction, the Department of Corrections furloughed Powell to Akeela House (a treatment center). Within six weeks, Powell absconded. He remained a fugitive for five months. Following his arrest, he was convicted of DWI and escape. Powell was released from prison in late 1994. In early 1995, he was arrested for driving with a suspended license. Later, in May 1995, he committed an assault on his father. Thirteen days after he was released on bail from this assault charge, he was arrested for shoplifting (when he again gave the police a false name). After being convicted of these various offenses, Powell was again released from prison in May 1996. Seventeen days later, Powell assaulted his father again. He finished serving his sentence for this crime in July 1996. One week later, Powell was arrested twice for driving with a suspended license. The first time, the police gave him a citation and let him go; the second offense occurred six hours later. Powell was arrested for the second offense, but after he posted bail, he absconded. He was arrested four weeks later in Tukwila, Washington, for assaulting his girlfriend. (Powell again gave the police a false name when he was arrested). After spending a few days in jail in Washington, Powell returned to Anchorage. The police arrested him on his outstanding warrants in November 1996. During that arrest, Powell assaulted and threatened to kill one of the arresting officers. Powell was released from prison on July 29, 1997. Two days later, the police were summoned to Powell's residence because of a fight, and Powell was arrested. When the police brought Powell to be booked at the Sixth Avenue Jail, he began to destroy the booking room--throwing typewriters and *536 computers at the officers, and causing several thousand dollars' damage. Based on this incident, Powell was charged with felony assault (his third felony). In August 1997, with this felony charge pending, Powell was released to Sundown Ranch, a treatment program in the State of Washington, upon the promise that he would retu

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