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Driver in fatal 2009 crash admits probation violations

Thomas Tyler Emerson, 21, could face five years in prison

Posted: September 26, 2012 - 4:34pm  |  Updated: September 27, 2012 - 12:08am
Thomas Tyler Emerson, 21, walks into Juneau Superior Court for an adjudication hearing on Wednesday. Emerson admitted violating probation and agreed to be remanded back to jail pending a sentencing hearing.  Michael Penn / Juneau Empire
Michael Penn / Juneau Empire
Thomas Tyler Emerson, 21, walks into Juneau Superior Court for an adjudication hearing on Wednesday. Emerson admitted violating probation and agreed to be remanded back to jail pending a sentencing hearing.

A Juneau man involved in a fatal drunken driving accident in 2009 has been remanded back to jail.

Thomas Tyler Emerson, 21, admitted Wednesday he violated terms of probation by drinking and driving earlier this year. He agreed to be remanded pending an upcoming sentencing hearing.

Emerson made the admission during his adjudication hearing Wednesday in Juneau Superior Court before Judge Philip Pallenberg. Roughly 15 people, including family members and friends, attended the hearing to lend Emerson emotional support.

Now Emerson could be facing up to five years in jail from a previously suspended jail sentence. District Attorney David Brower said he was in negotiations with Emerson’s attorney, Jeffrey Sauer, to come up with an agreement. But the ultimate decision on how much jail time, if any, Emerson should serve is up to the judge.

Pallenberg accepted the admissions and scheduled a tentative sentencing date for Oct. 31.

Emerson was charged with violating probation when he was pulled over by police on June 21. Prosecutors said he was speeding on North Douglas Highway with two passengers in his vehicle, and that his blood alcohol content level was 0.049 percent, which is less than the legal driving limit of 0.08 percent.

But prosecutors and Emerson’s probation officer expressed disbelief that Emerson was drinking at all. They described the incident as “eerily similar” to the factual circumstances surrounding the underlying 2009 case.

A few days after high school graduation, then 18-year-old Emerson was driving drunk with two passengers in his car. He lost control of the vehicle near Mile 37 of Glacier Highway, and Taylor Bristol White, a childhood friend who was also 18, was ejected from the car and died on scene. Emerson was also ejected from the car, but survived.

Emerson was charged with negligent criminal homicide, a felony, and he pleaded guilty as charged. He was sentenced in August 2010 to six years in prison with five years suspended.

He avoided serving any jail time by fulfilling his one year to serve in a halfway house and a stint on electronic monitoring. When he was released from custody in May 2011, he was ordered to be on probation for five years, during which he was prohibited from possessing or consuming alcohol.

Emerson’s probation officer Sara E. Dallas filed a petition to revoke Emerson’s probation on June 21, and she requested the court hold a hearing to determine if he was in fact in violation.

The state is required to show that Emerson was guilty of violating probation as alleged, but because Emerson offered admissions, that proved to be unnecessary.

Emerson specifically admitted to drinking three beers from 10:30 p.m. Wednesday to 12:30 a.m. the night of June 20 and the morning of June 21 before getting behind the wheel. He also admitted to possessing a bottle of Tequila and a flask in his car, both of which contained alcohol.

Emerson declined to comment after the hearing.

Emerson had been taken into custody after the June incident, but was released later that month under the supervision of a court-approved third-party custodian, Emerson’s father, Joseph Richie Emerson. He also was required to post $2,500 bail.

Pallenberg on Wednesday released Emerson’s father from his responsibilities as a third-party custodian and exonerated the bail amount, upon the remand.

He ordered the younger Emerson to report to Lemon Creek Correctional Center by 4:30 p.m. Wednesday.

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

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alaskaniam
25
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alaskaniam 09/26/12 - 05:50 pm
1
0

"A few days after high school

"A few days after high school graduation, then 18-year-old Emerson was drinking drunk with two passengers in his car"

He was "drinking drunk" you say? Must be worse than driving drunk.

ThaChamp
245
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ThaChamp 09/26/12 - 06:47 pm
4
1

.

damn this guy got off easy the first time around.

Alvin Brown
0
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Alvin Brown 09/26/12 - 07:38 pm
1
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Thank you

Alaskaniam, your keen eye is most appreciated.

AuroraVista
246
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AuroraVista 09/26/12 - 08:00 pm
0
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I've read this three times

I've read this three times and I still don't understand: "But prosecutors and Emerson’s probation officer expressed disbelief that Emerson was drinking at all."

lvmykyk
1805
Points
lvmykyk 09/27/12 - 07:41 am
3
3

disbelief

If you have ever seen one of the White family's presentation and saw Tyler, watched him. You would know this is a young man who takes full responsibility and guilt for what he did. Based on that the first assumption would be he would never drink again. But I think this is more an act of self medicating his pain and self loathing. I do think a little time in jail will help heal him, so he feels like he has been punished. I think in getting off so lightly he doesn't feel like he has paid for his actions. Maybe he will then be able to forgive himself as the White family has. I pray he finds peace and healing.

ridiculousness
10
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ridiculousness 09/27/12 - 11:14 am
2
2

Okay, I don't see the difference

They are so quick to charge Ryan West with murder? I am not seeing the difference here.

kathicol68
19
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kathicol68 09/28/12 - 12:24 am
1
0

@ridiculousness

Perhaps you missed the part where they stated that Tyler was charged and plead guilty to criminally negligent homicide (aka murder), this incident will likely revoke the suspended time he received for that charge.

IMHO- let he who is without sin cast the first stone. I had kids who were all friends (or knew) with Tyler and Taylor. They were deeply hurt by what happened and I as a parent was irate. However since that time I have seen the Taylor White video and listened to Tyler's anguish and honesty as he talks about what happened. Nobody is perfect and I don't know that putting him back in jail is going to heal his internal pain. Time is the only thing that will heal his wounds.

I admire the White family for being so supportive of Tyler as he goes through the healing process. They are complete class acts.

Adt1987
18
Points
Adt1987 09/28/12 - 04:38 am
0
0

Honestly this town is

Honestly this town is horrible. I hear of so many who drink and drive and never get any jail time. Some do it so often they have their license revoked for life yet they are released to do it again. Yet this young man who made a grave error in judgement is being punished more so then the ones who should. If you look at the bigger picture of it all there's countless to be blamed. How about the parents who should have taught them better or the school programs that use to teach kids the dangers of drinking and driving or the ones who supplied the alcohol. And sad to say but the one who lost his life is just as much to blame as the driver. He made the choice to get into that car also. It's sad and I so wish this city would crack down more so on the ones who should be punished and make an example showing the younger teens not to drink and drive.

johnnybebad
94
Points
johnnybebad 09/28/12 - 10:26 pm
2
1

Hang him high!

I looked at the next day’s after math of that fatal crash: Bone chilling. This kid needs to spend the full five suspended years incarcerated. No exceptions. What a tragedy, but he obviously believes he is above the law. Pallenberg will be under close scrutiny on this one. No more slaps please!

Helterskelter
379
Points
Helterskelter 09/28/12 - 11:33 pm
0
0

Making good choices

Life is all about making choices, some of the choices we make are good ones and some not. In this particular instance, Mr Emerson made a bad choice to operate a motor vehicle while under the influence of alcohol. Unfortunately this choice resulted in the death of a friend. Then, Mr Emerson made another poor choice and violated the terms of his probation and operated a vehicle after drinking. Emerson is an adult, he is sorry for what he has done, but he failed to modify his behavior and serve the time. IMO, driving under the influence has been tolerated for way too long and not treated as the crime that it really is. I believe that significant jail time and life-time forfeiture of driving privileges are in order for first time offenders.

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