Published: July 31, 2008 09:18 pm      

Justice served?

We hardly think so

Was justice served? There was no outcry from the victims, no complaints from the attorneys.

But in this case, we don’t believe the end justified the means.

Clyde Watson Jr. is now serving a 12-day jail sentence, one weekend at a time, after pleading guilty to a DUI charge filed against him following an accident involving a Monroe County school bus he was driving last February. Authorities said Watson was driving under the influence when the bus plunged down a 120-foot ravine. Fortunately, none of the 11 children aboard the bus was injured.

Watson eventually resigned his bus driver position.

Pretty basic, huh? Not quite. Consider what transpired from the time Watson pleaded guilty on April 23 to his sentencing on June 19.

- Then-prosecutor Rod Mohler requested a pre-sentencing report, but we’re not sure why. Pre-sentencing reports are rare in magistrate court misdemeanor cases, and besides, Mohler had already recommended a two-day jail sentence because of Watson’s “prior history with the community and lack of a previous record.” Mohler said he thought a pre-sentencing report “was important because of the number of potential victims here,” although we’re not sure what it would have added to what was already known. Mohler also asked the court that Watson’s victims be allowed to speak at the sentencing hearing.

- Mohler was defeated in his re-election bid when he lost to Justin St. Clair in the May Democratic primary. Mohler then resigned to accept an assistant prosecutor’s position in Greenbrier County, and St. Clair was appointed to fill the remainder of Mohler’s term before he himself took office.

- The pre-sentencing report, to be compiled by the county probation office, was never received by Magistrate Nancy Crews, she said, so when Watson appeared in court without his lawyer on June 19 and asked to be sentenced, Crews did just that, giving him 12 days instead of two.

- On the day of the sentencing, St. Clair, who did not agree with Mohler’s recommended two-day sentence, received a phone call from Crews. “But I didn’t feel like I had a say in the matter because I was bound by Rod’s agreement and I could not ask for any more jail time. When Nancy told me about the sentence, I thought it was fair,” he said.

- Monroe Schools Superintendent Lyn Guy said the victims and their families should have been given an opportunity to speak at the sentencing, but wasn’t sure anyone would have appeared. Said Crews, “This is a small community and I feel that they all knew about the situation. I had not heard from any of the victims, and usually people who are angry about being a victim will voice their opinion to me out in the community.”

While it appears no one’s rights were violated here, we believe the court system is designed to work efficiently with safeguards for all involved. It should have worked better in this case.

Twelve days, to be served in segments, sends a message that what Watson did really wasn’t that offensive when in fact it really was.