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9 months for drunken driver's probation violation

Posted: December 5, 2012 - 9:10pm  |  Updated: December 6, 2012 - 1:12am
Thomas Tyler Emerson, 21, in Juneau Superior Court for an adjudication hearing in September when he 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, in Juneau Superior Court for an adjudication hearing in September when he admitted violating probation and agreed to be remanded back to jail pending a sentencing hearing.

A driver involved in a fatal car crash in 2009 was sentenced to serve nine months in prison for violating probation.

A plea deal, which was accepted by a judge on Tuesday, also requires Thomas Tyler Emerson, 21, to serve five more years of probation and requires him to enroll in and complete an 18-month therapeutic court program for DWI (driving while intoxicated) drivers.

The deal additionally mandated that Emerson receive mental health counseling if recommended by his probation officer and that an interlock device be placed on his vehicle for the duration of his probation.

Emerson admitted to the probation violations earlier this year in September. A police officer had pulled him over for speeding on North Douglas Highway in June, and his blood alcohol content level was found to be 0.049 percent.

That’s less than the legal driving limit of 0.08 percent and did not warrant a DWI charge, but it violated his probation which prohibited him from drinking or possessing alcohol.

Prosecutors said the violation was “eerily similar” the underlying 2009 case for which Emerson was on probation.

Then 18, Emerson was driving drunk with passengers in his car and crashed near Mile 37 of Glacier Highway. The crash killed Emerson’s childhood friend, Taylor Bristol White, 18, who was pronounced dead at the scene.

Emerson was charged with felony criminal negligent homicide, and he pleaded guilty as charged. He was sentenced in that case to six years in prison with five years suspended, but avoided jail time by serving his one year in a halfway house and with a stint on electronic monitoring. He was released from custody in May 2011, and placed on probation for five years.

During a disposition hearing in the case in Juneau Superior Court on Tuesday, Emerson apologized for his actions.

“I’d just like to say I’m sorry,” Emerson said, standing before Judge Philip Pallenberg. “I showed another horrible lapse of judgement, put the safety of others in danger, and I’d just like to offer an apology to those affected, this court and the community in general. That being said, I know that given this chance to participate in therapeutic court, I’ll be able to address all these issues that manifested in this violation, be able to move forward, put all of this behind me and just, most importantly, make sure that this never happens again.”

Emerson told the court in a letter that he had turned to alcohol as a temporary relief from his overwhelming sense of survivor’s guilt, and that he succumbed to peer pressure by drinking the night he violated probation.

Emerson’s attorney Jeffrey Sauer said Emerson’s behavior surprised many people, especially since he was doing well on probation at the time. He was enrolled in school and had a job at a shop downtown.

Sauer said his client clearly exercised poor judgement that night in June, but the problem had deep roots. Sauer said a doctor recently conducted a psychological examination on Emerson and did not diagnose a disorder, but that some elements of depression and post-traumatic stress disorder were present.

Sauer said the significant jail time should be enough to meet the sentencing criteria of deterrence and community condemnation, and the therapeutic court requirement should help his client with his rehabilitation. The therapeutic court program will also keep Emerson on a “short leash” since he will be supervised on a regular basis, Sauer said.

Pallenberg commended Sauer and District Attorney David Brower for reaching an agreement that the judge described as a good solution.

The judge wished Emerson luck in rehabilitation, but said he was lucky he wasn’t involved in another drunken driving accident.

“The consequences could have been dreadful, that’s why you’re in jail,” Pallenberg said.

Emerson could have been sentenced to up to five years in suspended jail time for violating probation. Emerson had already been remanded back to jail on Sept. 26 to begin serving out his 9-month sentence.

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

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slegnawons
162
Points
slegnawons 12/06/12 - 07:47 am
6
6

Yet another ,,,

,,, plea deal.

How many deaths before a drunk is sentenced appropriately and not sent back on the road with a plea deal.

Understandably there are many that think even this is to harsh but many of those are in the "if not for getting caught there goes I" situation. If a drunk kills a family driving DUI society says oh thats ok they were drunk (unless of course its thier family) but if they're high its a terrible, terrible thing. Because getting drunk is legal while only getting caught driving under the influence is the only bad thing then its a plea deal, probation until you get caught again, then another plea deal, then probation until,,,,

People intentionally get drunk knowing ahead of time they'll be driving but its never thier fault its the bars fault, the peer pressure, thier Granddad drank so ,,,,,

Courts and the legal system let it go because most of them fall into the same "havent been caught yet" scenario.

A vicious circle, how many deaths ,,,,,,,

Alaskastu
1637
Points
Alaskastu 12/06/12 - 09:29 am
7
1

I'm glad he's finally getting

I'm glad he's finally getting a taste of the jail time hanging over him. I hope he surrounds himself with better people when he gets out. I'm not excusing his peer pressure blame but I do know how friends can be and with his obvious alcoholism it just makes it harder. Seriously dude, if you were one of my friends I would beat the sh/$ out of you that night before you even got close to a vehicle. Surround yourself with good influences when your out, you obviously need a lot more support and help then doing it alone.

snagger
8268
Points
snagger 12/06/12 - 10:01 am
1
2

Lookin back

Whatever happened to that drunken ADFG boss. Do you think he ever drove around intoxed but wasn't caught. Did he do any jail time? Just wondering if these loaded drivers get similar treatment!

snagger
8268
Points
snagger 12/06/12 - 10:18 am
1
2
SsMm
12
Points
SsMm 12/06/12 - 10:48 am
3
1

Wow people. Obviously he

Wow people. Obviously he knows what he did was wrong and I'm sure it eats him up everyday. The night he made the choice to drive drunk And in the mix ended up killing his best friend and putting Others and him self in danger. Obviously he wasnt coping with it well I don't think anyone would if they were in his shoes. But also don't put all the blame on him. His friends decided to get in a car with him knowing he's been drinking. Didnt wear seat bealts. Instead they could have found a DD driver.
All in all it was all a bunch of bad choices and I hope after the last time this happend again everyone learned their lesson to not drive drunk or get in a car with someone that had been drinking.
My heart goes out to everyone that was effected by this

Alaskastu
1637
Points
Alaskastu 12/06/12 - 12:13 pm
4
1

The blame is on him because

The blame is on him because he broke the law. His friends better feel responsale because they as 'friends' never should have let him do it especially knowing full well his situation. But all in all, he's the only one that broke the law, again. I'll post what I posted years ago when he did this the first time, I hope he learns and turns his poor choices into learning experiences. But I won't go all soft on him and cry poor boy. If he wrecked and someone else died or even an in ocent by standard everyone would be calling for his head. No need to crucify him but don't play his actions down either.

AH HA
1640
Points
AH HA 12/06/12 - 03:07 pm
4
1

??? SsMm

All the hand wringing that was done the FIRST time he did this does not seem to have changed his behavior. With that in mind perhaps we out to make certain that he stays off the streets for a good long while so he doesn't kill someone else. He should have gotten all the time he had hanging over his head from the first time he killed someone and then some extra.

daffy
1015
Points
daffy 12/06/12 - 03:15 pm
4
0

Natural

As a young man Mr. Emerson killed someone in an alcohol-related incident. He was punished and told to stay away from alcohol for a specified period of time as part of that punishment. He tested those rules, which a natural part of the human condition, and will be held accountable. The true measure of his character, as far as I am concerned, is whether or not he is smart enough to have learned that the rules will be upheld and that he is not to drink at all - even when he is just chillin' with friends.

slegnawons
162
Points
slegnawons 12/06/12 - 08:26 pm
3
2

Yukon Jack

You are so right. And when you read about the next time the same anonymous posters will once again make excuses. It's not his fault its the victims, the alchohol, the truck, his parents, his friends, etc. etc.

If you ever want to commit a crime get drunk first or at least high enough to blow a.08 then alls forgiven.

Another family will suffer eventually because he is given more excuses by others and the system than he can make up on his own. Afterall its not his fault, its the ____ (fill in the blank)

wolfmagic2012
2658
Points
wolfmagic2012 12/07/12 - 12:14 pm
0
0

I truly

like this young man. Given that the victim's family didn't want Tyler hit with a felony, and given the time he has served, and what's before him with more jail time and Therapeutic Court (which, by the way, is no walk in the park) and longer probation, Tyler will now have the opportunity to use these consequences in a positive way - so that his best friend Taylor can look down on him and be proud. I will in no way villify him, because I know the anguish he has gone through, living with these horrible facts. Tyler: you've accepted responsibility, now accept forgiveness - the same forgiveness that was offered by Taylor's family. If you do this, you'll be able to move ahead without overwhelming guilt, and you'll be able to build a positive and fulfilling life. Best.

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