By Staff
CASSOPOLIS – A drunk driver's bad timing turned out to be good fortune for other drivers on the road.
James Stout was found guilty Aug. 23 of third-offense drunk driving and resisting and obstructing a police officer by a 12-person Cass County jury.
Cass County Prosecutor Victor Fitz, who tried the case, commented Wednesday, "Alert patrol work by the deputies took a dangerous drunk off the roadway. Otherwise, someone could have been hurt or killed."
Testimony by Cass County Deputies Jason Pompey and Kim Purlee revealed that slightly after midnight on April 22, 2007, they were patrolling in a marked police car near U.S. 12 and M-60 in Milton Township.
At that time, the defendant, driving a 1996 Suburban, pulled out from a stop sign directly into the path of the deputies.
Pompey was forced to take evasive action to avoid hitting the Suburban.
Shortly thereafter, Pompey and Purlee then observed the defendant momentarily careen the Suburban off the roadway, scraping a highway guard rail in the process.
The deputies turned around, caught up to the Suburban and pulled it over.
The 27-year-old defendant and his 31-year-old brother were found inside.
Trial testimony further indicated that the defendant, upon exiting his vehicle, had trouble standing, failed his sobriety tests, swore repeatedly at the officers, threatened to kill them and resisted handcuffing efforts.
Stout was eventually taken to Borgess-Lee Memorial Hospital in Dowagiac for a blood test, at which time he ran from officers.
After being re-apprehended a short distance from the hospital entrance, he was taken into the hospital.
Once inside, deputies and hospital personnel had to hold him down to fulfill the court-ordered search warrant.
Tests of the blood sample revealed a .29 blood alcohol content – almost four times the legal threshold of .08.
Throughout the April 22 ordeal, the defendant spewed obscenities and repeatedly threatened to assault the deputies and their families.
The defendant also repeatedly kicked the inside of the back seat patrol car door.
His actions caused a panel to pop out.
Stout's brother also testified at trial.
He candidly indicated that the defendant had taken him out on the town that night to celebrate a recent birthday.
The brother indicated that the defendant drank eight to 10 beers before they left home, and that they then split four beer pitchers at a Niles tavern before heading out onto the highway.
Drunk driving third carries with it a penalty of up to five years in prison. Resisting and obstructing carries a two-year penalty.
The jury also found the defendant not guilty of the four-year offense of malicious destruction of police property.
Sentencing is scheduled in front of Circuit Judge Michael E. Dodge on Sept. 28 at 8:30 a.m.