Alaska Digest

Posted: Sunday, October 02, 2005

Woman struck by car after accident

JUNEAU - A 20-year-old Juneau woman sustained minor injuries and was kept overnight at Bartlett Hospital for observation after being struck by a vehicle Friday evening near the intersection of Back Loop and Montana Creek roads.

A police investigation found that the woman was one of two passengers in a vehicle driven by 33-year-old Douglas Tuescher, who drove his car into a ditch opposite Montana Creek Road. Tuescher was later arrested for driving while intoxicated.

As the three walked away from the accident, the woman began walking in the roadway and was struck by a vehicle driven by a 33-year-old Juneau man, who reported the accident to police. He was not charged with any crime. The investigation is continuing.

Tuescher was lodged at the Lemon Creek Correctional Center on charges of driving while intoxicated, refusal to take a chemical test, driving with a revoked license and harassment. His bail was set at $1,000.

Court upholds drunk driving conviction

JUNEAU - The Alaska Court of Appeals has upheld a drunken-driving conviction of a Juneau woman who claimed she should have been allowed to introduce evidence that she alleged could have shown her blood-alcohol level could have been inaccurately measured, as well as an audio recording that could bring her intoxication into question.

Shari A. Jensen, now 51, was stopped by a police officer who alleged she was driving erratically on Sept. 1, 2002, according to the memorandum opinion issued by the appeals court Friday. A test showed her breath-alcohol content was .10 percent, above the .08 threshold that carries a presumption of guilt.

Jensen was found guilty on Nov. 14, 2003, according to court records. According to the appellate ruling, she argued that then-Juneau District Judge Peter B. Froehlich should have allowed a tape at trial that she claimed showed that the officer conducting the test did not watch her closely during the 15-minute observation period. She also alleged she didn't sound intoxicated.

The appeals court found that Froehlich excluded the tape because Jensen's statements on it were hearsay and because its potential for prejudice from her statements on it about her good character outweighed its evidentiary value.

The court also ruled the outside margin of error on the type of machine used in her test still would have given her a minimum blood-alcohol level of .09 percent.

Convicted guide must hand over license

ANCHORAGE - A big-game guide convicted of illegally killing wolves while helping the state with a predator control program has been ordered to give up his guiding license for five years.

David Haeg, 39, of Soldotna, was also sentenced to 35 days in jail, fined $6,000 and ordered to forfeit his plane.

The sentence was handed down Thursday in McGrath. The case was based on a March 2004 investigation in the areas of the Swift, Stony and Big rivers.

Alaska State Troopers found Haeg shot and killed nine wolves in the area from his aircraft. Troopers said he falsely reported the location of the killings to state wildlife officials who had hired him to kill the animals only within a designated zone.

A McGrath jury in July found Haeg guilty of five counts of knowingly taking nine wolves the same day he was airborne, two counts of unlawful possession of illegally taken game, one count of unsworn falsification and one count of trapping wolverines during a closed season.

The total sentence was 570 days with 535 suspended and a $19,500 fine with $13,500 suspended, said Mark Morones, a spokesman for the state Department of Law.

Haeg was also placed on probation for seven years and ordered to pay restitution of $4,500 for the illegally taken wolves.

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