The assistant DA says the sentence was stiffer than normal to send a message.
FARMINGTON – A judge in Farmington Superior Court sentenced a Mexico man convicted of OUI to a six-month jail sentence.
Russell Frost, 24 at the time of the incident, pleaded guilty Wednesday to a misdemeanor OUI, a misdemeanor driving to endanger and a misdemeanor charge of criminal speeding. A felony OUI charge was dropped because of problems scheduling a witness’ testimony.
According to the state’s prosecuting attorney, Assistant District Attorney Jim Andrews, those types of charges usually net a penalty of a $400 cash fine and a temporary license suspension, but because of the aggregated nature of the case, including factors of high speed, erratic driving, extensive injury to a passenger and a desire to send a clear message, Justice Joseph Jabar was tougher than usual.
Frost was arrested after rolling over his Honda several times after he veered over the center line on Route 133 in Jay while driving erratically at speeds upward of 80 mph at 3 a.m. last July. He had consumed a six-pack of Zima.
Severely injured in the accident was 19-year-old Ashley Demillo of Jay, who suffered two broken ribs, a partially deflated lung, a broken pelvis and a deep gash on her arm. Two other passengers, a man from Lewiston and another girl from Jay, suffered minor injuries.
Several hours after the accident, Russell, who had no prior record, was found to have a blood alcohol level of .09, slightly higher than the legal limit of .08.
For the OUI charge, Russell was sentenced to one year in prison, with all but six months suspended, probation for a year, a $500 fine and a 90-day license suspension. The driving to endanger charge netted a 30-day concurrent sentence and an additional $250 fine and the criminal speeding charge, for 30 miles over the speed limit, another $250 fine.
During his probation, Russell must undergo substance abuse counseling, and must maintain a curfew between the hours of 9 p.m. and 6 a.m.
“You know as well as I do this time of year, springtime, students find places to party, they go out and drink, graduation parties, and this sentence is one of the factors – one of the factors in sentencing is what we call a deterrent, to prevent other people from doing this, and just to impose a 30-day sentence is not, is not recognizing the seriousness of this conduct,” Jabar said to the court, according to transcripts.
Jabar also said that Demillo, and others who ride with drunk drivers, need to take responsibility. “People who get in vehicles after drinking all night with people who are driving and drinking all night, it’s pretty obvious they’re putting themselves in a position of danger. She put her trust in you, and now she’s having to suffer from that.”
The court, he said, has a zero-tolerance policy for drinking and driving. “Otherwise, the young people are going to continue to die,” Jabar said, adding that every 15 minutes a teenager dies as a result of a drunk driving accident.
Andrews said the sentencing was very timely, given all the upcoming spring celebrations. “Even for folks who don’t have a criminal or a traffic record, if you drink and drive, there is going to be a harsh sentence. The judge was sending a message,” Andrews said. “And Russell was the whipping boy.”
“I doubt he will ever do it again, and I hope it convinces others to not drink and drive,” Andrews added.
sdepoy@sunjournal.com
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