A Marshall County man left the courtroom in handcuffs last week to serve a jail sentence for his fourth offence of driving under the influence.
Patrick Joseph Cable, 51, had a jury trial last Thursday, but his attorney, Charles G. Blackard III of Franklin, moved for a mistrial after the jury heard a mention of previous DUI convictions on the tape made by state troopers at the crash scene. Judge Robert Crigler granted the motion and dismissed the jury.
A hectic period of negotiation between Blackard and Assistant District Attorney Kate Lavery followed, at the end of which Crigler accepted Cable's guilty plea, and sentenced him to 11 months 29 days, with all but 150 days in the Marshall County jail suspended. Crigler also imposed a $3,100 fine and ordered that the defendant pay the court costs. "I'm not prepared to go to jail today," Cable said, but the judge ordered Marshall County Sheriff's Deputy Cecil Thrasher to take him to jail at once.
Crigler could have ordered Cable to spend a full 365 days in jail and imposed up to a $15,000 fine for the Class E felony. Cable's drivers license will be revoked for five years, and once it has been reinstated he will have to use an ignition interlock device for six months.
The events that led up to Cable's day in court started on March 1, 2008, with a single-vehicle accident on Double Bridge Road, according to State Trooper James Crump's report, which is part of the case file.
"On Saturday at approximately 4:30 p.m. I was called to a 10-45 (accident)," wrote Crump. "Upon my arrival I found Cable's license to be revoked for DUI. While talking to Cable, Trooper Dunkleman and I observed an odor of an alcoholic beverage, slurred speech, and blood shot eyes. We conducted a field sobriety test and found Cable to be under the influence. When asked to submit to a blood test he refused."
At its November meeting, the Marshall County Grand Jury handed down a five-count indictment, charging Cable with DUI (fourth offense), driving on revoked (fourth offense), violation of the implied consent law, violation of the registration law, and violation of the financial responsibility law.
Cable's previous DUI convictions were in Warren County, Pa., in 2000, and in Marshall County in 2002 and 2005. His convictions for driving on revoked all came in 2005, in Bedford, Maury, and Marshall counties.