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Updated Monday, February 22, 2010 9:51 PM
DWI conviction earns man eight years in prison
An Oklahoma man received an 8-year prison sentence recently after pleading guilty to a charge of driving while intoxicated. Rim Nall, judge of the 59th sate District Court, the set the sentence for Billy Don McCutcheon, 61, of Ardmore, Okla.
A press release from Grayson County District Attorney Joe Brown said McCutcheon was arrested on May 12, 2008 when a clerk in a Whitewright gas station called law enforcement to report a man who was intoxicated and in the store asking for directions.
McCutcheon faced a felony offense of Driving While Intoxicated due to his prior convictions for two misdemeanor DWIs in 2002. Assistant District attorney Bill Bryant also presented evidence to the court that McCutcheon had been involved in a traffic collision in 1989 that resulted in the death of another driver, and McCutcheon had been intoxicated.
McCutcheon had been sentenced to 6 years in prison for that offense. In the current case, McCutcheon agreed to plead guilty in exchange for an agreement from the Grayson County District Attorney's Office to reduce the maximum sentence from 10 years to 8 years in prison. McCutcheon's attorney, Tommy Shea, asked Nall to set McCutcheon's sentence at less than the agreed upon maximum, but Nall refused.
"It is amazing to me that a man could be involved in killing another person due to drinking and driving, have to go to prison for that, and then get out and keep on drinking and driving," said Grayson County District Attorney Joe Brown."We have just seen a recent death on our roads from drunk driving, and we have to get the word out about the dangers and consequences involved. Everyone knows it is dangerous, but it just keeps on."
 Comments ... 10 found!
: 3/1/2010
I don't believe prison is going to slove this person's problem or ours. He needs good rehabilitation and we all know that he will not get that in prison. When he gets out he'll just go back to doing it again. Our justice system is such a joke! Locking people up that have sickness is crazy and costly.
Sick of it!
Proponent of Sober Sentencing : 2/28/2010
Amazing!
Last week a guy in Dew-rant was sentenced to like 5 years(?) for beating his roomie to death! If this guy was from Oklahoma we may have violated his Bubbastitutional rights.
This guy pops a top and gets 8 years!
I blame it on the beer cans it is obvious that the whole darned experiment with pop top beer cans has lead us down the trail of Forbidden Beer Passion.
(Insert Wonk-diddy-Wonk wonk Wonnnk...soundtrack here.) Now on pay per view..."Forbidden Beer Passion"
Those pop top cans just lie and wait for some innocent to toddle by so that they can attack.
Headline reads:
"Woman Killed By Pitbull Pop Top."
While I will readily admit it has been a few years since I have seen a good can opener fight. We need to think of simple-R-solutions like giving everyone a John Wayne can opener.
Sounds fundamentalist to me! Don't the Amish keep a John Wayne can opener on the dash of their little black wagons for when they drink and drive horses. Pennsylvania troopers report that those runaway rigs can hit nearly 8 mph on relatively level pavement.
Why can't we just send this guy to Afghanistan for two years to drive drunk on their roads with the IED's? He's gonna drive "serpentine" anyway so it isn't as likely he will be hit by any bullets aimed in his general direction. Plus, if he does hit someone chances are 180 proof that it will be a Taliban rather than a citiZan.
50 thousand a year for eight years.
We need to bring back the stocks and a little public humiliation. The "Scarlett Letter A is for addicted" if you see the A letter pound on them until they sober up.
What does this man own that is worth the 400K cost of his incarcerated pickled hide?
Just take all of his crap and make him homeless.
He can fight with the other addicted souls on the corners out at the T-center. The ones that poach money from passersby and later that day you will find them spending upwards of 60 bucks on liquor at the local eateries. Ahhhhhh! I love the smell of Capitalism not to mention that they are contributing to our currently depressed economy.
Short term solution?
Glue his hands to his butt so he can't tip the bottle.
Future solution:
Remove his hands for eight years, freeze them, and put them back on later.
$400K and medical care.
Build an addiction facility out in Hells Half Acre Texas where all of the poor illegals die from thirst if they don't plan accordingly. Heck, sub-contract the prison to the Mexican government and let them run the thing. It wouldn't even need walls it hasn't rained out there in the last eight years.
How about Guantanomo? if he goes over the wire Raoul Castro's boys can fix him.
Surely someone needs a drunk somewhere? Give him a one way ticket to an eastern european country along with a case of Vodka. Heck when they see the Vodka he will be everyone's friend and live happily ever after.
Pick one: Each group of 15 of these inmates costs us a new elementary school, a new stadium, a "flock-o-buses", new streets, or the light bill down at your local municipality.
Why do jails have to be convenient to the inmates?
If they were Daddy's rather than Puffin-daddy's they wouldn't be in jail.
Posting while intoxicated
We pay - and pay, and : 2/27/2010
pay. For incarceration. For Courts, and judges and law enforcement, and support staffs, and prisoner education while incarcerated, and their medical needs, and parole or probation costs after release. I see little in the prescription for justice that deters addiction or changes the perspective of people who choose not to change.The law says do not drink and drive, but - if you do we will give you a little time to serve, provide for you in the interim, and let you go back to the same, only to pay again when you repeat. Incarceration is one thing. Rehab, however, has to be successful. If it is not, what's the answer to that? BTW, I agree about Nall's Drug Court - an EXCELLENT program, and he is excellent in the oversight of it.
Iron Maiden
Justice : 2/25/2010
How is it that you get 5 years for DWI and some jerk hit my nephew while he was WAY on the side of the road and KILLED him and the guy still walks free!!!! Whats the DEAL????
Oklahoman
Rebabilitation : 2/23/2010
@No Rehabilitation
There are four traditional goals of sentencing in a criminal case: (1)deterrence, (2) societal retribution, (3) incapacitation of dangerous criminals, and (4) rehabilitation.
Rehabilitation is something courts should strive for if possible, but not at the expense of the other three goals. In this case, the defendant has a crystal clear history of being dangerous to society. The legislature made a value judgment that after two previous DWI convictions, a third DWI will be a felony and subject the defendant to much longer incarceration. This decision rests on the idea that by the third conviction the defendant has had a chance for rehabilitation, and the risk of leaving him in the general population is too high. Because of the defendant's previous conduct in this case, incapacitating the defendant for several years is the best option for society.
Rehabilitation is a great option in other cases with defendants who are not as dangerous. Grayson County courts are trying new approaches to alcohol and substance abuse issues that will help with those case. You only need to look at Judge Nall's Drug Court for a great example.
I agree with you that rehabilitation is a generally a good option, but it's not a panacea, and rehab alone would be a bad choice in a case like this.
law student
To the criminals : 2/23/2010
There is a thing in this world we call a Taxi. Every city has them, even little ol' Denison and Sherman.
Your DWI problems will be solved.
the problem solver
DWI : 2/23/2010
If our government,local and federal would spend as much supporting teen and adult rehab (Teen Challange) as much as they do "Private Owned" prisons in Texas; we would see a BIG change. Mandating drunk drivers to complete the program so as to change their lives and our safety should be the focus. Locking up a diseased person is not securing our future as a society, it only lines the pockets of our elected officials.
Debbie
D&D vs. Cancer : 2/23/2010
I just want to say that he made the choice to continue drinking and drinking, I didn't make the choice to have cancer. How can you even compare the two?
Survivor
No Rehabilitation??? : 2/23/2010
All the system has done is cost everyone big bucks in this case. The man is an addict and needs long term inpatient treatment. Why don't we just put cancer patients in prison. Makes as much sense. Will we ever learn. The prisons look like a college campus due to our young people in for using drugs. Rehab, rehab, rehab. That is the only answer. America, wake up and design inpatient rehab for all of the addicts.
Rehabilitation is the only answer.
I Agree! : 2/23/2010
For once, Joe Brown said something that I totally agree with. It's unimagineable that this fool can actually KILL another human being while driving drunk, go to prison for 6 years, then get out and get 3 more DWI's!! He's lucky 6 years is all that he got!
Donny
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