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Hoonah man sentenced in New Year's Day injury DUI case

Posted: April 20, 2012 - 12:09am

A 27-year-old Hoonah man pleaded guilty to assault and drunken driving charges after striking a pedestrian with his truck on New Year’s Day.


Jarret D. Brown entered his pleas in Juneau Superior Court telephonically on Thursday.


A plea agreement reached with prosecutors calls for a composite sentence of 720 days of jail with 640 days suspended. That means Brown will have to serve a total of 80 days in prison.


According to a police affidavit, Rick “Butch” Sheakley, was walking on a roadway at about 2 a.m. on Jan. 1, 2012, and was struck by a Dodge truck driven by Brown travelling west on Garteeni Highway in Hoonah, just east of White Alice Road.


Brown blew a .275 on a breathalyzer device an hour later, according to the affidavit. That’s more than three times the legal limit.


Assistant District Attorney Amy Williams said Sheakley reported to the police that he suffered headaches, soreness in his back, chest and torso, as well as difficulties with his lungs, which included coughing up blood.


Williams asked for 60 days to submit a claim for restitution for the medical bills.


Williams said Brown had five passengers in his truck at the time.


The police affidavit also states a second pedestrian had been struck by Brown’s vehicle, but that charge never made it past the grand jury proceedings. It was dismissed.


Brown was initially charged with two counts of third-degree assault, a felony, and one count of driving under the influence, a misdemeanor.


He pleaded guilty to one reduced charge of fourth-degree assault, a misdemeanor. He also pleaded to one count DUI, a misdemeanor.


Broken down by charge, the agreement calls for 360 days with 340 suspended for the DUI, which is 20 days to serve. For the assault charge, Brown received 360 days with 300 suspended, meaning there’s 60 days to serve.


The agreement also calls for unsupervised probation for two years, alcohol screening and referral, up to 45 days of inpatient treatment if recommended, a 90-day drivers license suspension and six months of using an interlock device on his truck. He also is not allowed to consume alcohol or enter a bar and must write a letter of apology to the victim.


When given the opportunity to speak, Brown simply told Judge Louis Menendez he was sorry.


Defense attorney David Mallet told the judge his client was a war hero who is normally a responsible citizen. He argued Brown has an excellent chance of rehabilitation.


• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.

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