Mackay man gets probation for felony DUI

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Judge Alan Stephens has sentenced a Mackay man to five years of supervised probation plus mandatory and discretionary jail time on a felony DUI charge.

Stephens told Thomas Wayne Bone, 40, at his January 18 sentencing hearing that he had been prepared to sentence him to a rider treatment program in a minimum security Idaho prison for alcohol treatment, but after reading his pre-sentence investigation and hearing arguments from Prosecutor Justin Oleson and Public Defender Travis Murdoch, he was taking a chance on supervised probation. Both attorneys recommended that.

In a plea agreement, Bone pleaded guilty late last year to felony DUI (third offense) in exchange for the state’s dismissing misdemeanor charges of possessing marijuana and drug paraphernalia.

The pre-sentence investigator initially recommended probation for Bone on the condition that he be accepted into drug court. His application was denied, Murdoch said, because there was no room in the drug court program.

“Mr. Bone has been very cooperative and is a good person with a substance abuse issue that needs to be dealt with,” Murdoch told Judge Stephens. “The question is how.”

Prosecutor Oleson agreed probation is an option for Bone. Although the defendant has a history of alcohol and marijuana use, he was honest with law enforcement officers. When Bone was arrested the night of September 18, 2016, he told officers he was drunk and wanted to be arrested. Bone should never have been driving that night and “I hope he realized that,” Oleson told Stephens, recommending 5 years of probation and alcohol-abuse treatment.

“I know I have a problem when it comes to alcohol,” Bone told the judge. Although his pre-sentence investigator said he hates people, “I don’t really hate all people. I just don’t like dealing with them. I sit in my house with my dog and yell at the TV because it doesn’t yell back.”

Bone has “quite a history,” with 15 misdemeanors, two felonies and two probation violations on his criminal record, Stephens noted. Drinking and driving puts society and other lives at risk. In Bone’s case, both rehabilitation and protection of society are important the judge said.

“As a garbage man, I don’t have to drive,” Bone told Stephens. “I’m the grunt [laborer on the garbage truck]. “I don’t have a running vehicle. I can walk to the store.”

“When I came here today, I was going to send you on a rider,” Stephens said. “I hope I’m doing the right thing by not doing so.” With that, the judge ordered five years of supervised probation for Bone.

Bone will be required to serve 45 days in jail. “I want you good and dry” to start probation, Stephens said. Bone has already served 19 days. He can serve the remaining 26 days on weekends so he can keep his job as a garbage man.

The judge ordered 100 hours of community service, a $1,000 fine and reimbursement of $800 to the county for Bone’s public defender. Bone’s driver’s license will be suspended for two years and he will have to have an interlock device on his car for another two years after that to protect society. The judge also ordered substance-abuse evaluation and treatment, participation in a 12-step program, no alcohol or drugs and other standard conditions of probation.

“You’re on a pretty short leash on probation,” Stephens told Bone.

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