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A Juneau man who was involved in a deadly drunken driving accident in 2009 is back in court again for an alleged probation violation that court records state involved drinking and driving.
Prosecutors say 21-year-old Thomas Tyler Emerson was pulled over by police at 3 a.m. Thursday morning when he was clocked driving 72 miles per hour in a 45-mph zone on North Douglas Highway. Two passengers were in the car.
Emerson provided a breath sample on scene, and his blood alcohol content (BAC) level was found to be 0.049 percent, which is less than the legal driving limit of 0.08 percent, according to charging documents.
But prosecutors said even though Emerson wasn’t legally drunk, he violated his conditions of probation that a judge imposed in the 2009 case. Those conditions prohibit him from consuming or possessing alcohol.
Emerson admitted to drinking three beers from 10:30 p.m. Wednesday to 12:30 a.m. Thursday before getting behind the wheel, according to an affidavit filed by a probation officer.
Police also searched his vehicle and found a flask and a bottle of Camarena Tequila, which was one-third full, the affidavit states.
Emerson was taken into custody and remanded back into prison, and he appeared in Juneau Superior Court for an arraignment later that afternoon.
The probation officer who penned the affidavit, Sara Dallas, expressed disbelief and shock Emerson would drink and drive again after the 2009 crash, which resulted in Taylor Bristol White’s death.
“It is notable the circumstances of the probation violation and the circumstances of the underlying offense are eerily similar,” Dallas wrote. “Although not over the legal limit to drive a vehicle, it is shocking the defendant would drive after consuming any amount of alcohol.”
Around 2 a.m. on June 5, 2009, Emerson was driving with a BrAC of 0.141 percent near Mile 37 of Glacier Highway with two passengers in the car.
The teenagers were partying out the road after graduating from Juneau-Douglas High School just two days before on June 2.
Emerson lost control the vehicle going about 80 miles per hour around a slight bend in the road. The vehicle careened off the roadway and into the trees, ejecting himself and White, who was sitting in the back seat.
Emerson survived, as did the third passenger, Kelly Childers, then 17, who was the only one wearing her seat belt.
White was pronounced dead on the scene. He was 18.
Emerson was charged with criminally negligent homicide, a felony, and he pleaded guilty to that charge in December 2009.
Juneau Superior Court Judge Philip Pallenberg sentenced Emerson in August of 2010 to six years in prison with five suspended, which meant he had to serve one year in prison. The judge also required Emerson be placed on supervised probation for five years after his release.
The sentence was weighted heavily with suspended time and probation as Emerson was remorseful and was a young offender.
“If a minimum sentence didn’t apply in this case, then I don’t know if there will ever be a case that does,” Pallenberg said at the time.
Emerson ended up spending only one day actually in prison, since he was allowed to serve his sentence in a halfway house. He also did a stint on electronic monitoring. He was released from custody on May 5, 2011, and began his five-year probation sentence that day.
The Empire previously reported Emerson and White were close childhood friends. After the accident, the two families remained close in shared grief.
“I can’t say sorry enough for what I’ve done ... I can’t bring Taylor back. This is forever,” Emerson is quoted as saying on a plaque commemorating White’s death.
The victim’s mother, Carol White, said she never harbored any resentment toward Emerson, and she went on to testify on Emerson’s behalf during his sentencing hearing.
“We’ve already lost one kid, we don’t need to lose anyone more,” she told the Empire in an interview in January 2010. “And if you start blaming and doing that kind of thing when you have a tragedy like this, it seems like everybody loses.”
Carol and her husband Kevin established a foundation to combat underage drinking and driving following their son’s death. The foundation helped White’s story become a well-known local cautionary tale by creating a documentary about the events leading up to his death, which is still shown to high school students, and by displaying the wrecked car as a mobile art piece around town.
Carol again stood by Emerson’s side on Thursday, and attended his court arraignment. She declined to say much, but did say she was there to support him.
“I’m just here to support him,” she said as she made her way out of the courthouse. “He made another mistake.”
The prosecution and the probation officer weren’t so forgiving and requested the court hold a hearing to determine if Emerson violated the terms of his probation as alleged.
District Attorney David Brower told the judge he agreed with Dallas the two instances were “eerily similar,” and he requested bail be set at $20,000.
Juneau Superior Court Judge Louis Menendez, who was filling in for Pallenberg as he is still assigned to the case, said Emerson may pose a danger to the public if he gets behind the wheel of a car.
“Less than two years ago, you were convicted of a crime, and today you’re alleged to have violated the law in circumstances that are remarkably similar to the basis in which you were convicted in the earlier crime,” Menendez said.
Menendez set bail in the amount of $10,000 cash appearance bond and a $10,000 performance bond. The judge also required that Emerson be in the custody of a third-party custodian and that he not be allowed to drive, if he is released before the hearing.
Menendez explained to Emerson if the hearing determines he violated probation, the court has several options, including imposing some or all of the five-year suspended jail sentence and extending the probation time.
The judge scheduled Emerson to next appear in court before Pallenberg on Monday.
Emerson was dressed in a yellow Lemon Creek Correctional Center jumpsuit and shackled next to three other inmates. He appeared emotionally distressed throughout the hearing, and he occasionally wiped tears away from his eyes.
He answered routine questions and told the judge he intends on hiring an attorney to represent him.
Efforts to reach Emerson’s family were unsuccessful before press time.
The probation officer noted in her report Emerson was doing well on probation until this moment. She said he was enrolled in college and worked at a downtown shop.
Still, Dallas wrote, “It is clear the defendant has not learned from his actions and continues to engage in the type of behavior that resulted in the loss of a young man’s life.”
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.
Comments (50)
Add commentObvious question
Three years ago he was convicted of negligent homicide...and he's back on the road already? Did he even have a drivers license?
And the Whites...I'm stunned by how much class they've shown. I don't think I could ever be so generous, especially the second time around. Special people, they are.
"mistake"
It is not a mistake in MHO. An individual knows that there are laws regarding drinking and driving. To have caused the loss of life while driving drunk is a terrible tragedy. But to intentionally get behind the wheel after drinking while on probation is NOT a mistake. It is an intentional act. He knows he did wrong the first time. He knows he's done wrong again. No mercy your honor.
Criminally Negligent Homicide
Seems ridiculous to me he only got one day in jail the first time around after being convicted of criminally negligent homicide. Make him sit in the big house with Tiny and the boys for a few months at least.
perhaps the young man could
perhaps the young man could benetit by going to long treatment. forgiving himself for his previous "mistake" may help in preventing another one. he is fortunate to have his friends mother support
Thumbs up, down feature
I have an incredibly difficult time understanding why people would give a thumbs down to Latitude58's post. Are you criticizing the valid question about a driver's license or are you criticizing the opinion that the Whites are special people for showing class? I really hope there is something thumbs-down worthy about inquiring as to the status of the driver's license, for Juneau's sake.
I felt for him when that
I felt for him when that tragedy happened. I really did. I really thought it was just a "terrible accident" kids being dumb, driving fast etc. something I did when I was a teenager. I even shake my head at the stupid things I did then. I know I felt immortal. I just think his punishment wasn't stiff enough for him to have learned any lesson. I agree with "Argh" on this one , this is not a mistake. He is an adult now, and isn't going to get a "pitty party" from me. This needs to be treated like a 2nd offense and the punishment needs to be handed down properly and his suspended sentence reinstated. Your given probation for a reason,the courts giving you the benefit of the doubt. No more "he's just a kid who made a mistake". I really hope that Menendez gets this case. In my opinion , he's a great judge who doesn't take any crap.
Seen the horror movie before
Close to the same excessive speed, two passengers again, alcohol involved, late at night.
A bottle of tequila and a flask that could have put him over the limit in a couple of more hours.
Thanks to the police and court system for taking this person off the roads. Clearly the prior punishment was not a sufficient deterrent.
The Queen of Bestial Hearts
Before all you moralists start scapegoating again, consider this: A .049 BAC is about 2-1/2 drinks. In Alaska, if you're at a .040 or below, you're legally presumed NOT to be under the influence of alcohol. From .040 to .079, there's no presumption either way. This is not close to being a DUI case. It is a probation violation only because there was a prohibition against drinking any alcohol. While there may be no excuse violating the strict terms of probation, you have to remember that drunk driving is a threshold crime: It's not a crime to drink and drive; it's only a crime to drink too much and drive. A .049 for virtually anyone is not drunk driving.
That being said, whistling along at a high rate of speed with passengers again, and alcohol in his system IS eerily similar. But you need to distinguish the amount of alcohol before you automatically start screaming for vengeance.
('The Queen turned crimson with fury, and, after glaring at her for a moment like a wild beast, screamed `Off with her head! Off--')
Too many Queens of Hearts in the world who have nothing better to do than engage in vengeful schadenfreude.
One Dead, Thomas How Many More?
Actions speak louder than words, Tyler claimed to be so sorry in 09 when he killed his 18 year old friend well this is how he really feels. Put him in jail like he should have been the first time and reinstated his drivers lic. when he turns 40. Hey Fbomb a person could write the nicest thing in the world in the Empire forum and the coward who hides behind the computer screen will give the thumbs down for no apparent reason. Strange to say the least.
No, when you do something
No, when you do something that DIRECTLY caused someone do DIE, you do not even mess around with that again. He was in probation and was not allowed to drink AT ALL. This has nothing to do with him having a few drinks and driving because that's ok as long as you don't drink too much.
He broke probation. He will serve the time suspended. No more no less. At least that's the way it should be. The empire is just stirring it up. This guy should have had help the first time, rehabilitation has been proven Everytime to work better then incarceration. But when someone dies because of your mistake, you don't deserve a second chance IMO.
He needs to serve the suspended time.
Reality!
OK, the kid is stupid! Given! He probably should get some time and maybe even a lot of time. Just the act of putting a key into the ignition should've made his brain freeze-up and go coma. But, lets see the truth about driving under the influence! Anyone that has happy hour after work or just a casual drink with friends, then drives home, will have the needed BAC for a DUI. Any cop, anywhere, can just sit outside a bar and pick n choose who he wants to take to jail. Everyone coming out will be legally drunk. 2 DUIs! If you live in a smaller urban area like Juneau and continue to drink, take the bus, call a cab, friend, cousin...who cares, don't drive! All that's needed is the sight of your car and its probable cause. Until the actual problem, 'alcohol', is addressed, we as the public, will be innocent victims of the disease. And stories like this will continue. Blaming and revenge is easy! But, like so many hotbed issues, until it happens close or to you, it'll be the weak minded and idiots that get caught, right?
No Sympathy Here
Let's all agree with one thing, this is more than likely not the first time since his probation began that Mr. Tyler has had a few drinks and got behind the wheel. This is the first time he was caught. Regardless if it was 1 drink or 100 drinks, he knew he was under probation and he owed it to the community and the kid he killed to not only not drink, but to not get behind the wheel of a car AND not to be speeding down the road. I actually find the fact that he was going 27 miles per hour over speed limit even more disturbing. It shows that he is reckless and irresponsible.
I was definitely sympathetic to his situation previously. Kids are stupid and don't understand the consequences of their actions, but to be out on the road, driving recklessly, and putting other people's lives in danger again is completely inexcusable.
Bat poet, while I agree that
Bat poet, while I agree that drinking and driving may not always rise to a criminal level so long as your BrAC does not rise above the presumptive .08% or your driving is shown to be impaired. However, the case of this young man is as different from a DUI as black is to white.
This young man caused the death of another and was sentenced by a court, which included the condition of probation that he not consume or possess any amount of alcohol. Flash forward to Thursday morning and he is pulled over with traceable amounts of alcohol in his system and in possession of alcohol in his car.
He blew a .049%. For you and me, that would probably warrant a warning from the police. For this young man, he deserves some time away from society and alcohol to think about it.
holy crap...
If I were Taylor White's family, I'd be suing the jurisdiction for failure to protect the public from this guy. Its sad that you can go out and KILL SOMEONE for being stupid and get off with only a 6 year sentence.
I had a very close friend killed by a drunk driver when I was 15 and this guy spent 5 years in jail and I'm livid. My friend never got to her sweet 16, graduate high school/college, or get married. The fact people can blame alcohol irritates me more and more. Where is the accountability in society and our judicial system?
Or is this kid going to have to kill more people to learn his lesson or get put away...
I'd rather see this kid be
I'd rather see this kid be sent to mandatory rehab, with steps taken to prevent him from driving or drinking. Maybe some community service, too. Prison seems like a waste for offenders who aren't a threat to society.
Persnickety Persimmon ?
Does he really not seem like a threat to society? I guess he has only killed one person and that was three years ago and does seem to be dragging his feet on killing the next one it could have taken him another month or so. Always sticking up for the criminals, I'm not sure why they give you computer access on that side of the wall. A little rehab and some volunteer time and he will be good to go. Good one.
For cryin out loud PP!
Unbelievable! Read the article people! He has been through a halfway house and treatment already!!! The easy phase of the court system he already had! He has caused the too soon death of another human being and still is in the control of a car DRINKING BY CHOICE. Nuff said! Sorry young man, you just gotta go! I did say above that alcohol is a very big issue but, that has nothing to do with this kid and his gettin in a car again with any amount whatsoever! Done deal...game over...byby
Moralist ? No, I'm a realist.
Moralist ? No, I'm a realist. The reality of this is as clear as the ink is black on his probation papers. He's NOT to consume alcohol, he's NOT to break ANY law and we're ALL supposed to do the speed limit. Period. I think this town should be p*ssed off about this ! A child lost his life because of this MANS negligence. He learned nothing from that, obviously. I did consider the amount of alcohol he consumed, it should have been 0.0 nothing more , per his probation.
Persnickety Pers and the games!
You always amaze me more than anyone who has access to keyboards and decides to state their obvious need for help, by simply typing away. I give ya kudos tho! Most go nuts and leave the rest of us in peace! :)
all too common
This is all too common in Juneau.
The police and justice system do little to prevent repeat offenders. It is VERY common in Juneau for people to drive intoxicated.
They are a danger to EVERYONE...even themselves.
No one seems to care there....all they get is a slap on the wrist.
The above article is a case in that point...
Tyler is a good kid.
Tyler is a good kid. Condemn the mistakes he's made but keep in mind that he's not done anything with malicious intent.
Since the accident three years ago, he's worked hard, continued his education, and carried a heavier burden than most of us can imagine.
He probably shouldn't have had a driver's license at all after the accident, it would have been a good idea to suspend it and it would have helped avoid this situation.
This whole situation is just heartbreaking.
I think PP just makes
I think PP just makes inflammatory comments to get others worked up and emotionally involved in his sick and twisted games he plays on the message boards. I am not going to play into his game on this one. If that is what he truely thinks about this incident, I feel sorry for him.
Someone who kills another due to their negligence does not deserve rehab and community service. This young man has already had a shot at rehab and here we are again in the same boat with him drinking and driving too fast with passengers in his car. Rehab doesn't work for people who are not willing to learn from their mistakes. Community service? You are right I guess, he should do the community a service and accept some time at Lemon Creek to think about what he has done and where his life is headed.
Keep off the road
This kid is a threat to society when he is behind the wheel of a car. Outside the car, he seems a productive citizen and alcohol doesn't cause other problems. The trouble starts behind the wheel. Revoke his license for 10 years and if he's found behind the wheel again, straight to Lemon Creek. Driving our roadways is a privilege, not a right.
I agree with patrace.
He really does have a good heart and means well, BUT young people do not consider their actions. Actions have consequences, and Believe me, when I was that age I used to think I was invinsible! . Of course I didn't come close to killing anyone but myself tho-- Give him some rehabilitation, don't you think he is suffering internally for what he has done? Of course he is, maybe that is why he choose to drink; to dull the pain he is feeling. I know he is still grieving for Taylor, we all have laps of stupidity. Give him the counseling and rehabilitation he desperately needs- If the White's can forgive and support, why can't you?
Wow, suggesting lenience and
Wow, suggesting lenience and rehab for a non-malicious offender makes me a sick and twisted person?
I would say the only sick and twisted people are those place their own selfish desire to see vengeance over the good of society.
Vengeance;Infliction of
Vengeance;
Infliction of injury, harm, humiliation, or the like, on a person by another who has been harmed by that person.
I do not believe any of us on this board are seeking vengeance. We were not directly harmed by Mr. Emmerson. We are not asking for any undue harm or humiliation to come to Mr. Emmerson.
Justice;
The administering of deserved punishment or reward.
Justice is what most of us are asking for. As a member of the community of Juneau and the State of Alaska, I ask that the state impose a deserved punishment against Mr. Emmerson for the current violation of his probation. A probation he is on for the original crime of Criminally Neg Homicide for killing his friend. A crime he committed while intoxicated and driving fast. A crime from which he obviously did not learn from despite the rehab and counceling he received after the original offence.
That is all.
PP, You're not really all
PP,
You're not really all that sick and twisted. You're just full of crap.
Lots of different opinions
Lots of different opinions here... so should we just claim that all laws are merely "suggestions" ? Then what? Oh wait, our President is already doing that. And this thread makes it easy to tell who is a liberal and who is a conservative.
The laws are around for a reason, and if someone breaks the law, willingly, they need to face the consequences.
Good people also break the law. I bet Sandusky was a good guy. Didn't people put Patrone up on the pedestal... yet look how many people's lives were damned because Patrone shrugged it off. So because Sandusky was a 'good person' should we just shrug off his charges?
In my opinion
One drink is one too many when you know you are going to be behind a wheel.
Don't matter what the circumstances are as to when or why, don't take that drink if you know you are going to drive.
In this case, it shouldn't have been at all since it was part of his release to not drink!
Looking at the photos included with this article...
I wonder....is he really upset that he made yet another "terrible mistake"....or is he upset he got caught? It seems that he was given a light sentence the first time even after killing his friend....maybe he needs a little "tough love". You can support this young man for his good deeds all you want, but his decision making skills are that of a 5 year old. He needs to grow up and start taking actual responsibility for his actions and how they affect others.
He was well aware of the restrictions he was given and he made a conscious choice to violate them (and I bet it isn't the first time he has either). He deserves to go to prison for the rest of his suspended sentence - maybe it will give him time to learn that his decisions have consequences....