Is a single year in county lockup sufficient penalty for nearly killing a cyclist with a blood alcohol content three times the legal limit?
An Orange County judge seems to think so.
Yesterday, Santa Ana Superior Court judge Erick Larsh sentenced Long Beach fire captain John David Hines to four years and four months in state prison — then suspended the sentence in lieu of one year in the Orange County jail and five years probation.
Reports could not be confirmed that Hines responded by grabbing his wrist and yelling “Ow!”
And yes, that’s slightly bridled sarcasm, as I find myself censoring what I’d really like to say.
It was almost three months ago that Hines pleaded guilty to three felony counts — driving under the influence, driving with a blood alcohol level in excess of .08, and hit-and-run, as well as sentencing enhancements for having a BAC over .20 and causing great bodily injury.
Those charges stemmed from a bloody, drunken and reportedly urine-soaked April Fools Day episode that left cyclist Jeffrey Gordon struggling for his life.
And no, it wasn’t the least bit funny.
The scion of a leading Long Beach firefighting family, Hines spent the morning drinking at the Schooner or Later bar in Long Beach before climbing behind the wheel of his truck and attempting to drive home, despite a BAC measured at .24 over two hours later.
The legal limit in California is .08.
The bar should bear at least some responsibility for allowing Hines to get that drunk at their hands. Let alone letting him drive after serving him so much alcohol knowing full well how drunk he had to be at that point.
I hope Gordon has a great lawyer; if not, I’ll be happy to recommend a few. If there’s any justice, he’ll own the bar before this is done.
And hopefully, the first thing he’ll do is change that damn name.
As he reportedly wove his way across the roadway on Westminster Blvd, Hines lost control of his truck, drifting into the bike lane to hit Gordon’s bike from behind at an estimated 60 mph. The rider was thrown 70 feet through the air before landing in a crumpled, bloody heap.
His injuries were severe enough to require two weeks hospitalization, as well as limited mobility, and speech and memory loss that continues to this day. Then again, given the speed and severity of the impact, it’s a miracle Gordon survived at all.
Meanwhile, Hines continued to make his merry way to his Huntington Beach home, either unaware or unconcerned that he had nearly killed another human being. He was followed by two witnesses who reported his location to the police.
According to the Belmont Shore – Naples Patch, Billy Chisholm was a passenger in one of those pursuing vehicles.
“I was sick to my stomach the whole time,” Chisholm recalled. “He just hit him and left him to die like he was a skunk in the road. He had to have known he hit him because his truck was all busted up. That was a human being he left there to die. It’s not right.”
When police arrived, they found Hines in an obvious state of drunkenness, with a strong urine odor coming from his clothes. His parked pickup showed major damage to the front-end and hood — including blood spatter from the victim.
As so many scoundrels do these days, he immediately entered rehab after his release from jail, spending over five months in an alcohol rehabilitation facility.
Like Schrodinger’s Cat, whether that was a badly needed attempt to gain control over his apparent alcoholism or a blatant attempt at gaining leniency from the court depends on your perspective.
He also served a 90-day diagnostic evaluation — make that 86 days — in state prison to determine whether he is suitable to serve a sentence in the state penitentiary.
Maybe I’m just not up on current sentencing practices. But I doubt many gangbangers or bank robbers enjoy such sensitivity from the judge after pleading guilty.
Then again, not many felons come from such prominent fire fighting families.
And last but not least, Hines was ordered to pay $102,000 in restitution — most of which has already been eaten up in medical costs.
According to the Los Alamitos Patch, Gordon prepared a written victim impact statement to be considered at sentencing.
“I am a very active person who enjoys being outdoors with my family. I also have a very mentally and physically demanding job that I love. All of that was taken from me in just seconds.
“As a result of the impact, I was seriously injured, receiving an 18-centimeter head laceration, cranial bleeding, three broken vertebrae, a bruised kidney and multiple cuts, scrapes, and contusions over a large area of my body. Medical expenses are piling up from the long hospital stay and treatment from so many specialists… so far reaching nearly $65,000. The doctors are not yet sure when or if I will recover enough to return to full duty at work or to the quality of life that I had before.
“I have found myself becoming more and more upset by the possibility that the negligence of another person may have lasting effects on me, but the person who is responsible may suffer little or no consequences for his actions.”
An anonymous source who was in the courtroom for part of the sentencing hearing offers this assessment of Hines professional position, who has been severely criticized by many — including me — for causing exactly the sort of injuries he was trained to treat.
I wish to point out that although Hines undoubtedly responded as part of a pre-hospital care team to the type of vehicular crime he committed, he was not the one who would have been providing hands-on care to patients. As a captain, he directed others on the response team. In fact, Hines is not a paramedic; he holds only an EMT certificate (pending review), and this is probably the bare minimum medical education requirement for a person of his position within his agency. At EMT level, he cannot even administer painkillers. With his certification, he would not likely be the one in the back of an ambulance with a puking head trauma victim like the one he created last April, because injuries of that magnitude require paramedic-level response. He could monitor vitals and provide oxygen in such situations, and that’s about it.
My opinion is that his interest in public safety is less about his interest, if any, in humanity than in the salary & inherent reputation of a firefighter, and the protection that such a reputation affords him as an alcoholic. But this is just an opinion.
Meanwhile, the OC Weekly offers a scathing report on the lenient sentence.
As they suggest, current jail overcrowding problems make it highly unlikely Hines will serve the full year, joining local public enemy #1 Lindsey Lohan in the revolving door of SoCal jurisprudence.
And I’m sure her wrist is just as sore.
On the other hand, Hines acted as self-appointed judge and jury in sentencing the victim to a possible life sentence of disability.
As disgusted as I am by the apparent leniency, I honestly don’t know if a long prison sentence is the right answer in this particular case.
Alcoholism is an illness, and punishment in prison will do little or nothing to reform a dangerous drunk and return him to a productive member of society.
But I do know that until judges start taking cases like this seriously — and impose sentences that will serve as a warning and deterrence to other drivers — we’ll continue to experience the ongoing carnage on our streets.
And not everyone will be as lucky as Gordon.
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