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Monday, May 12, 2008

Davis Ruark Trial Update





Mr. Ruark's case was the first on the docket this morning in Ocean City. He was very cool, calm and collective before and during the case. John Coolahan was the Judge presiding over the case.

Mr. Rich Parolski was the Attorney representing Davis Ruark and in my opinion did a very fine job presenting his case. He introduced three letters to the Judge in support of Davis Ruark in the community/County. One was from County Executive Rick Pollitt, another from Sandy OcConner who is a former States Attorney in Baltimore County and another from retires Lt. Col. Steve Moyer of the State Police. All of which showed great support of States Attorney Davis Ruark.

The entered a Guilty Plea of DUI/Probation. Mr. Ruark is to surrender his hand gun and registration. The sentence could have been 1 year in jail and a $1,000.00 Fine. They dropped the charges right away on the hand gun but Davis, (at this point and time) would have to register again for a hand gun permit in one year. There have been threats to his personal life as well as Family Members, so this may be changed down the road.

Ruark waived a Jury Trial and blew a .15 when he was pulled over and tested. Mr. Ruark was found guilty of a DUI and was fined $500.00 and a one year unsupervised probation while carrying the 12 points on his license. Mr. Ruark also took the 90 day suspension on his licence and will deal with all of this when he goes in front of the DMV.

Mr. Parolski entered a 4th letter from the Center Mr. Ruark voluntarily admitted himself into for 14 days of intense treatment but asked the Judge to not enter any of these letters into the record as they were of a personal nature. His attorney also showed "3 inches of letters of support" as well from Police officers, friends, business associates and concerned citizens.

Mr. Ruark did speak at one point in which he apologized to the Judge, he apologized to the Citizens of Worcester and Wicomico County, I've been humbled by the support of everyone and it will not ever happen again. He also stated that he was going through some personal tough times which brought that day on and he sincerely apologized for his actions.

The Judge asked the Officer if Mr. Ruark was cooperative and he replied, yes you honer, he was. I had no problems or trouble with him whatsoever. The Judge stated that Mr. Ruark would be on probation for years with the Citizens as he is in fact a Public Figure. The handgun charges were NOLLE PROSEQUI.

In a Press Conference after the case Mr. Ruark stated he acknowledged his guilt and a conviction will show on his record as well as the 12 points on his license.

Now, it's time to move forward.

65 comments:

Anonymous said...

surprise, surprise, surprise. I know you won't like this, Joe, but that's a bunch of crap!

Anonymous said...

Good call -- whoever the Judge was.

Ruark has done a lot for us over the years

Anonymous said...

zDoes that include the gun charge?

Anonymous said...

Very good call by the judge. Davis did deserve such consideration. He has done a lot for this area and I am sure will straighten his life out now.

A. Goetz

Anonymous said...

I'm pleased with the sentence. Give the man a break!

Anonymous said...

he should have known better. He got off to light!

Anonymous said...

Why should he get a break? I don't care what he's done for anyone around here. The law is the law. If you get caught you should get the same punishment as anyone else. What's good for the goose is good for the gander.

mrtv said...

Equal justice under the law?

Anonymous said...

Same old crap, it's like this all the way to the top....no accountability, just another good ole boy amoungst the good ole boys.
as for "he's done alot for us", theres always someone better to replace us, and imagine how much someone could do if they werent a drunk/alchoholic with their lips glued to a bottle? That friends was our wake-up call, he'll get another chance...to disgrace us all
another day, and he will, because he's human, like the rest of us, that when we fall from grace are measured by a different scale. THIS is exactly whats wrong with our goverments thru and thru, and those of you who support it, are exactly the ones to blame for the disgraceful acts of the government and the degrading of our country!

hip.boots

Anonymous said...

Anon 9:45 AM

I got the same sentence for my 1st and only offense so it is not a bunch of crap, it is the norm. I know that he learned from it and so did I. So go pretend like you are perfect somewhere else.

Anonymous said...

Regardless what kind of man he is, the truth is, had he killed someone while driving drunk this would have been a whole different senerio. What I am against is saying it is ok for people to take a risk while driving drunk. Myself, my family, my children are not available for someone elses risk to kill. Mr. Ruark, you may have made a bad judgement call, but what the public needs to know is that they should never ever take a risk like you did. Therefore, your punishment should have been much, much more.

Anonymous said...

It is very fair. He could have been given PBJ and not have gotten any points, which a lot of high profiled cases get. He did not use his position to try and get off completely. This is the way the court systems are and eveyone has the same chance, the only problem is can you afford the attorney to get you these verdits. Rich is an excellent attorney one of the best on the shore. He is fair, doesn't try and put the officer on trial, and trys to get the most for the defendant

Oceanshaman said...

Please be advised that Ruark did not catch any sort of break . . .

A break would've been a PBJ, a stet, or a nol pros . . .

Davis caught a full-on misdemeanor DUI conviction, which carries 12 points on his license . . .

The length and unsupervised nature of his probation are appropriate, given the job he still holds and the very public nature of his position . . . all eyes will be on him, wherever he goes, well beyond the one year of unsupervised probation . . . consider him supervised by the community, if you well . . .

Beyond that, the 12 points will result in an automatic revocation of his license, which he will have to go to the MVA to address and resolve through a hearing . . .

Whether Davis seeks and wins re-election in 2010 is a question for another day . . .

Whatever you may think of the man, he has handled this whole thing in a pretty stand-up manner thus far . . .

Anonymous said...

Ruark got the same thing many many people in this county have gotten on their first DUI/DWI. Quit pissing and moaning, he's not God, he is a man. Davis Ruark did not commit the crime while performing his duty to the people. He was on his own time. No I do not condone drunk driving but I do see equal justice being doled out by the courts. Go back through court records and see just how many got the same or similar punishment for their first offense.

Get over it and lets move on to Ray Lewis's case and get that behind us as well.

Anonymous said...

The law clearly states that he should have been fired for being drunk with a handgun in the car period! So what is the diffrence? Oh thats right he is above the laws he is in office to uphold. What kind of example is this when our teenaged kids see that there is no real consiquence for their actions. weather he likes it or not when taking public office you are held to a higher standard. You know that going in and there is no reason that he shouldn't have gotten a more strick punishment.And yes he is just a man but this man was drunk driving in a tax payer owned car.And that is a whole nother can of worms!

Anonymous said...

Yeah I agree. Did we expect he would be given anything real like anyone in the general public being arrested for the same reasons. Big deal he voluntarily surrendered his license for 90 days. So now what are we going to provide a chauffer to pick him up and take him home. Heres just another reason why county, state or other government employees should not be using government cars for personal use.

joe albero said...

Oh, quit your bellyaching!

Davis was going through a very difficult time in his personal life, he screwed up, he never denied it, he faced the arrest and then charges head on like a man and he got what he deserved.

The idea that this is a man that serves the County and its citizens for PEANUTS, verses what he could make in the legal field, he's served ALL of you well. Now get over it. He's a man/human and he made a mistake. Now he's a better man that won't ever make that mistake again as long as he lives.

Anonymous said...

I would not bet money on that last staement. This was just the first time he got cought, not the first time he has driven drunk. And won't be the last.

Anonymous said...

Well, well. To the ones who cry "if he'd of killed somebody" Well, if he had killed someone I'm sure the sentence would be no where near the same. While I am not sure this is the norm sentence for a first offense, if it is then so be it. It's over and you people get all worked up over nothing. It's that mans life, his business and if people feel so strongly about him they should get off the blogs and do something about it. If you are not part of the solution, you are very much part of the problem.

Anonymous said...

Joe, I agree with you most of the time but not this one.Is a confessed criminal a (stand up guy) or still a criminal?Davis is known for being very hard on drinking and driving and anything dealing with a gun crime.We all have hard times but it dosn't give us the right to break the law! So if you get caught breaking the law and you having personal problems then you should get treated better? Not in Wicomico County! Not in any county unless you have power. If by chance Ray Lewis dosn't get the punishment we think he should, I'm woundering what people are gonna say then? And no I'm not in anyway a Lewis fan!

Anonymous said...

I have to wonder why he is reelected time after time after time if so many of you dislike him. Why didn't you vote for someone else? You could have written in any name you wanted if you didn't want Davis Ruark as the States Attorney for Wicomico County.

joe albero said...

So we'll agree to disagree.

Anonymous said...

Barrie Tilghman DRUNK in the presence of the Chief of Police is allowed to drive off drunk with her incorrigible daughter and you want to hang Davis Ruark? Get a grip.

joe albero said...

ARE YOU KIDDING ME? This is Wicomico County/Salisbury. These people keep voting for the likes of Barrie Tilghman and Gary Comegys too! Too Fat? Too Lazy? Too Stupid?

If you don't agree with how things were handled, don't vote for Davis next go around. However, remember to do just like the Judge did. He said, I have to look at a man's past history to be able to judge him. In Mr. Ruarks case, there is no past record, not even a traffic violation. At least the Judge isn't stupid like so many people in Salisbury, that's for sure.

Anonymous said...

Respectfully agreed! Keep up the good work Joe!

Anonymous said...

hip. boots, I agree!

Joe,
My question to you, "Does he get to stay in office?" Also if today he applied to run for his Position of States Attorney, would he be able to run with his misdemeanor charge and under probation? Because if he was not eligible to run today with the charge or probation, he shouldn't be allowed to stay in office!

Also Joe,
I visit here a lot and am against what they have done to you, but don't be so quick to defend Ruark, I read a blog @ delmarvaknow, from a blogger that had the word police in it, who stated, "I know Mike Lewis and Ruark, and they are not Joe's buds so don't you all start assuming that they are going to brush this under the rug". So tell us, How are you going to feel if its Ruark who sentences you to 2-3 years and he himself is a criminal? Tell us please, no offense I actually was one to defend you on the delmarvanow blogs, so like I said just a question.
Tweety

Anonymous said...

I've done quite a bit for this community also. I got a DUI because I made a bad decision. After my court appearance where the trooper LIED TWICE, I got 1yr sup. prob., 1yr interlock, and fined. My apology and letters of support didn't mean a thing.

joe albero said...

"Does he get to stay in office?"

Yes.

"would he be able to run with his misdemeanor charge and under probation?"

Absolutely.

"I know Mike Lewis and Ruark, and they are not Joe's buds so don't you all start assuming that they are going to brush this under the rug". So tell us, How are you going to feel if its Ruark who sentences you to 2-3 years and he himself is a criminal?"

Let me assure you that IF I was found guilty of something that required a 2-3 year sentence and Mr. Ruark was the States Attorney handling the case, or any other States Attorney, I'd get what I deserve.

Judges are very wise men and women and can see the writing on the wall 99.9% of the time. Don't be so quick to judge yourself on my situation until it all comes out in the open. Remember, you've only heard their side of things and not mine. Respectfully, I cannot discuss my case at all and I won't. I will say this, I'll carry myself exactly as Mr. Ruark did today and justice will be served, period.

As for a Delmarva now Blog, I don't go there and neither do 95% of the people that used to go there only months ago. As a matter of fact I was even told recently that they dumped the Storychat portion of their Site. Everyone knows this is the only real Blog in Town any more and as much as it hurts the Daily Times to admit they've been beat, they've been beat.

I should close with this. I have spoken numerous times with Mr. Bassett rcecently and even he highly respects what Salisbury News is delivering. Especially since we've changed in the past 45 days or so.

Davis Ruark and Mike Lewis are two of the finest people I have ever had the pleasure of knowing. These are men that do what is right and I truly don't know why you're trying to imply theyr're not my friends, associates or whatever else you'd like to create is beyond me? Mike Lewis and Davis Ruark know where my heart is and know who and what I'm up against locally, as do many other Public Officials. Some love me and some hate me, that's life.

I thank you for your support!

joe albero said...

anonymous 1:24,

Give us your name so we can do a case search on your case so we can know it was a first offense? You see, more than likely it was not and or you had a troubled past. Mr. Ruark has NO PAST HISTORY and this was his first offense. He will tell you, it's also his last. Not even so much as a traffic ticket on his record. This is since his teenage years and he's now 52 years old. He hasn't been a States Attorney that many years. Give the guy a break. He's not only proven he's not a risk, he's proven he's served us well over all these years and he's the kind of guy a Judge should look at and give such a sentence. Get Over It!

Anonymous said...

Lets get a few things straight before this goes any further. I'm not a lawyer but I'm intelligent enough to understand ENGLISH. Davis Ruark did not use a gun in the commission of a crime. He did not have a gun on his person. He had it very well concealed in the vehicle. He has a carry permit. HE TOLD the police where the gun was, they did not search and find it by surprise. So quit accusing him of committing a crime with a gun. He's admitted guilt to enough broken laws without people adding to it.

Anonymous said...

Joe,
Here is the problem. It is not that he is a bad guy, this issue with his DUI has just brought out another case of a drunk driver. How many drunk driving cases get this much media attention? They don't, and God have mercy on all of us if we only knew half of the people out there that drive drunk, that we don't know about and the other half that get caught over and over again. I hope you never have to deal with the damage that a drunk driver can do to you for the rest of your life. Mr. Ruark made a decision when he took office (publicly) that he would up hold the law. He agreed publicly to do just that. Human or not, rough time or not, that does not excuse the decision he made when he turned the keys in that car and put many peoples lives at risk. He has been given a fair sentence, I agree, but as far as his position with the county, I think he gave up that right when he made his decision to drive. Not just anyone can be the District Attorney. You earn that position. But anyone can earn that position. He is still human and still a nice guy, however, I just don't think he is qualified for the position of District Attorney at this point. He will have to earn that position again at a later time. I would rather see him excuse himself and publicly apologize for the wrong he did, and then after he has proven himself again, run for the position again. That would show me the real human being in him.

joe albero said...

It was stated on the record in court that the mayor had been drinking when her Daughter assaulter Rachel Polk. My question is, why is she still Mayor then? I don't see why you're so willing to attack Davis Ruark and ask for his resignation, yet no one went after the Mayor in her leadership position.

The Mayor would be quick to deny her actions, yet Ruark faced it head on, he went in for treatment for 14 days and he's vowed to the public that it's over, he'll never drink and drive again. The entire publi will see for themselves if he's a man of his word or not.

I'll even admit that I personally stated that to Davis early on, if he ever picked up a drink again, everyone would be all over him. He made a mistake, he's paying the price for his actions and again, he's human. Are you telling me his work has not been satisfactory all these years??????

Anonymous said...

Joe,
I did not say that he has not done a satisfactory job at work, what I am saying is he made a committment to the public. That makes him even more accountable. He earned his position, now he has made a mistake (a human mistake) that should cost him his position. Not his life. Youjust said, the mayor was drinking during her problem, now the state attorney. Who is next? Would you feel the same way about Billy Gordy or David See or Debbie Campbell, or Terry Cohen. They all make committments when they take public postions. If we keep letting our public officals slide, the ones who we are supposed to rely on and look up to, to uphold the laws, then we mine as well let a gang member from Salisbury take the positions.

joe albero said...

I believe justice has been served and if you're not happy with the outcome, don't vote for him next go around. It's that simple.

Anonymous said...

Joe:

This is a very good post.

I wonder how many of those Davis bashers also drive while intox. or just speed like crazy when sober -- and could have killed someone, too?

Anonymous said...

I witnessed the Mare, her daughter, husband and one of their fathers (I'm not sure if it was Matt's or Barrie's) drink a lot of wine (at least two bottles) and several other drinks at the corner table at Market Street the night of the assult. I believe they were celebrating the elders birthday. There was enough liquor delivered to their table to render all of them too intoxicated to drive. In my humble opinion.

Anonymous said...

If Mr. Ruark was employed by me
and was driving my company vehicle
drunk , I would fire him on the
spot. You are right he is human ,
but what an example he has set!
Study the law in Maryland about
it's employees driving drunk
with state or county vehicles.

Anonymous said...

Joe,
You keep throwing this at me not liking him. I do like him and I do think he has done a great job, however, we need to make our county and city elected officials accountable. Isn't that what you want us to do with the Mayor. Which is it Joe?

Anonymous said...

Joe, 1st offense, clean record prior (26yr). Clean record after also. lol.
Must remain anon. I know you understand.

Anonymous said...

The sentence he received is pretty much standard for a 1st offense. The problem is Mr. Ruark is one of the top Law Enforcement officials in Wicomico County, and should be held to the same standards as the rookie Deputies, Troopers, and Police Officers working midnite shift. If any of these were convicted of DUI, they would be looking for other employment. Bottom Line!

Anonymous said...

I belive justice was served. The man made a mistake and had to pay the price. How many of you have had a DWI and had a lesser punishment!!!!!!!!!!!!!!!

Anonymous said...

HERE IS THE PROBLEM I HAVE. MIKE LEWIS HIMSELF SAID AND I QOUTE "IF A DEPUTY WAS CAUGHT DRINKING AND DRIVING IN A COUNTY CAR HE WOULD BE FIRED". NOT TO MENTION THE GUN. WHICH BRINGS UP THIS QUESTION IF HE IS A STATES ATTORNEY DOES HE WORK FOR THE STATE? IF SO WHY DOES HE DRIVE A COUNTY OWNED CAR? HE HE WAS INVOLVED IN AN ACCIDENT DRUNK OR SOBER WHO WOULD BE RESPOSIBLE?

Anonymous said...

Most all would not be convicted....they would not get charged!

joe albero said...

He didn't have an accident, get over it.

Anonymous said...

Mike Dunn drives all the way up to Philly every year to have a drink with his deceased mother. Does he get in his car and drive away after having his Irish whiskey or does he sit there until he is sober? I'd love a Philadelphia cop to catch his sorry ass DUI. His piddly city council position wouldn't carry water up there.

Anonymous said...

anon 301

I am one of those that received less for my first dwi.

Bob said...

I don't care what anyone thinks, I'm gonna tell it like it is. Davis is a good guy and a hell of a prosecutor. He has done a great deal for this county.....all very true. Whether he does it for peanuts or not......he must be OK with it....he continues to run for the office knowing what it pays.

He didn't get a sweatheart of a deal, he got the same deal anyone else would have gotten under the same circumstances, so long as they complied with "rule one" - pay an attorney.

BUT!

The circumstances he was going through at the time in his personal life ENTITLE HIM TO NOTHING! Equal protection under the law, Right? Davis is an elected official. With certian exceptions, no one can fire him but the voters. He is expected to hold himself to a higher standard. Police officers and Assistant SA's would DEFINITELY have lost their jobs - without a doubt. I say this for 2 reasons.

1) Mike Lewis told me personally that any of his Deputies arrested for DWI/DUI would be fired. Rightfully so.

2) For Davis to allow his Assistant SA's to remain employed after a DWI/DUI conviction would make the statement "if you lose your license for DWI/DUI and you lose your job - tough shit - it doesn't apply to us". In order to avoid that appearance, he would have to allow everyone else the same breaks he would give to his Assistant SA's. This would effectively render his office impotent as it relates to DWI/DUI prosecutions......meaning "we won't do anything to you for a first offense that would cause you to lose your job".

I cannot express how disappointed I am that Davis refuses to see how this looks. He has compromised his integrity and now that of his office. His refusal to resign sends a loud and clear message to the citizens of this county. "Compliance with the law and maintaining integrity is for the little people - not for elected officials"

Davis, I've got to say that I've known you for a long time and I can hardly believe you would permit your actions to make such a statement.

Anonymous said...

ANONYMOUS 2:47 PM, you must be Ruark, How rude to Laugh out load in the Peoples face. Remember what goes around comes around and everyone has there eyes one you now! Don't go drinking then driving lol, all eyes are on you! see you at the City Brisko!

Anonymous said...

Davis Ruark is using his personal problems as the excuse and that is typical of an alcoholic. This is not the first time that he has driven drunk & those letters of support come from people who had discussed with Davis his drinking problem long before this happened!! Everyone saw this coming but now will not step forward and say so.....what about it Sheriff Lewis?

Anonymous said...

I would like to start off by saying, he got what any other person with no priors on his record would get. His license is now suspended and he will have a mva hearing in a couple weeks. There he will have to explain to a administration judge why his license should not be suspended. The gun charge, rightfully so, should be dropped. He was straight forward and up front with cops and the officer said that he was completly cooperative with him, Lets not forget that this could happen to anyone.

Its just a true shame that it had to happen at all, but it did and we just have to move on. My only concern is that Davis should not be trying DUI/DWI cases. I dont think he could honestly give his 100% to the case. I totally think that he should remain on as the asst state atty for wic co thought. The guy has did alot for the county and this little incident shouldnt ruin his career forever. Give him a chance.

About the part about the diffrence in him losing his job and a cop....well there was a OC cop that lost his job for DUI but the diffrence is, a states atty doesnt need a license to perform his duties...a cop does. The officer needs to drive, a states atty doesnt.

Barry W

Anonymous said...

Well, with his license suspended and 12 points, at least he won't be driving that county vehicle to and from parties while we pay for his gas anymore.

Anonymous said...

I know of at least 3 people that had 3 DUI's before one of them had to do time. The other two got their 4th and 5th before they got time. And we's nobodies.

Anonymous said...

Quit saying that Davis got off easy for this. 90% of people get probation before judgment. Davis didn't get that. He got a full-blown conviction, 12 points on his license. If he had a PBJ, he would have gotten a break. A conviction isn't a break for a first offense.

Bob said...

Barry W,

Your reasoning is flawed. Anyone can get a "work permit" which permits driving to, during, and from work. If an officer were to get one of those it would make no difference. He would still be fired. A law enforcement agency must maintain the appearance of having impeccable integrity in the eyes of the majority of the public it serves if it is to remain effective. You can't have officers being arrested for driving drunk arresting others for driving drunk. It portrays a double standard. Same with a prosecutors office. Their integrity must remain intact.

Anonymous said...

Barry W

Davis said he would not try any DUI/DWI cases. He has a competent staff that can handle those.

Anonymous said...

Grand dad, I totally agree with you. How can anyone think a police officer should be fired for a DUI arrest, but the states attorney should be given much more latitude and sympathy. Do people really think that makes any sense? Mike Lewis did say he would fire a deputy for the same conduct, and I believe Mike would do that. Maybe Mike Lewis can explain the difference between a deputy and the states attorney when it comes to DUI arrests.

Anonymous said...

Just remember that Davis makes $110,OOO per year and great benefits, not a bad job. Also what will members of the jury think about this when they are hearing a dwi case in Wicomico County?

Anonymous said...

Where I live, a local assistant DA got pulled over, blew a .08, and resigned the next morning. And she would have been let go if she hadn't. Ruark is typical of the Eastern Shore Power people. He considers himself above the people he serves. He should have been fired for a DUI with a gun charge. What's sad, is he'll probably be reelected along with Barrie.

Just makes that beautiful Carolina Blue sky a little more blue this morning, not a cloud in the sky. Good luck on the shore, Yall need it!

Anonymous said...

Isn't Davis Ruark "an officer of the court?"

Anonymous said...

Grandad
I understand what you are saying, but take it for what its worth, he doesnt need a license to do his job. He can have someone drop him off, pick him up, mass transit, blah blah blah....A officer needs to be able to drive. And yes i know he said he wasnt going to try any more dui cases which is good. Just my opinion, nothing more.

Anonymous said...

The sentence is a joke! Our country has gone to H---! Let an unknown person get caught for DUI with a handgun in our car and the police would throw us on the ground,and we'd be doing time in jail!!!

According to the District Court records it only shows Davis having to pay court costs, $530.00. That really taught him a lesson!! There is no mention in the court records of probation!

Wake up America!!!!

Anonymous said...

Get the hell over it...he stood up and pleaded guilty, I would have plead not guilty in hopes of getting a PBJ. He did the right thing. Let him move on with his life. There are worse things out there for us to worry about. How many of you have driven when you were drinking. I know I have and thank god they didn't catch me. I know if they did Iwouldn't be in the news for years. Bitch about something else...this news is stale.

Anonymous said...

Anon 815, you took the words right out of my mouth. Good for you, it's about time someone said it. I didn't get anything like Ruark got for my first DWI and I was drunk. What I did get was a good lawyer who got it reduced to a reckless driving, 4 points and costs. I also got to keep my license because of this good lawyers representation at MVA. I thank God and Dean Jenkins for my good fortune. It was the last time I drank and drove, most importantly it was the last time I drank anything stronger than sweet tea. A real wakeup call for me. Now if everyone else learned as quickly and painlessly.

Anonymous said...

I wonder if there would be as much praise about the man's character if we knew the back story about who tipped the OCPD, and why that person knew Mr. Ruark was intoxicated? I doubt it. It my very well be the last time he drives intoxicated, but does anyone really think it was the first? He's a powerful figure in a small isolated community. Those figures generally get a lot more latitude from cops than the rest of us. There is a reason he didn't get it that night. Maybe some day we will hear why.

B.C. in NC

Anonymous said...

Are you kidding me?!? If this was anyone else they would have the book thrown at them he is NOT above the law. This just shows you that money and power gets you ANYTHING includeing getting your son off of drunk driveing charges . If your family member got run over by this drunk it would be different