Criminal law, Lawyering, Society

Kentucky Man Kills Woman in DUI — and Receives Four Days In Jail

Now this could make for an interesting challenge. Brian Pollard was arrested for DUI in an accident that led to the death of Peggy Williamson. He received only four days in jail after pleading guilty. When the family cried foul, District Judge Rebecca Phelps and prosecutors insisted that they had no idea someone died. They are now moving to charge him again — after he was sentenced on the crime for DUI.

There are obviously double jeopardy implications, though courts have gradually reduced this protection in allowing prosecutors to bring different technical charges for the same underlying conduct. This would, however, seem a classic double jeopardy situation where public pressure leads prosecutors to seek more punishment for a crime.

The Kentucky State Police reportedly indicated that they are going to charge Brian Pollard with involuntary manslaughter.

Source; WKYT

24 thoughts on “Kentucky Man Kills Woman in DUI — and Receives Four Days In Jail”

  1. AA: You’re singing to the choir! All citizens have a right to expect more from the criminal defense bar. We are fortunate to have many excellent state public defenders and federal defenders in my jurisdiction. We also have many excellent private defese attorneys who have the skill and the will “to fight the good fight” for their clients. See our website http://www.kacdl.net : Kentucky association of Criminal Defense Lawyers (KACDL). Enjoyed the conversation, all the best to you, Frank

  2. You know Sir, that is the problem with Judges…DO NOT make the job to difficult…Defense present the minimum procedural due process, just above a claim of I/E and go home…I never treated court appointed cases that way and a paid client would expect more…

  4. Once again, I must remind you, you are in Kentucky! Motions for change of venue are rarely ever granted even in high profile capital murder cases in KY where the Commonwealth was seeking the death penalty ( which will NOT be sought in this case). I make them, have spent money on polls pretrial and have been over ruled! Our judges say, “we can find 12 folks who haven’t heard about the case, or if so, have not been influenced.”

    ” Let’s hurry up, stop wasting time with all the defense motions and claims, and try the case, get a guilty verdict and get home to supper.” Heard that one before? “That’s the night the lights went out in Georgia”.

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