By: Lydia Crawley
The Parsons Advocate
In the case of the State vs Billy Heckler, Heckler saw his charges reduced Friday December 13th from a felony to a single misdemeanor charge of Driving While Revoked for DUI, 2nd Offense, to which Heckler plead guilty per a plea agreement. Heckler appeared in court with his attorney James Hawkins.
Tucker County Prosecuting Attorney Savannah Hull Wilkins was requesting a year sentence and the maximum fine of $1,000 due to Heckler’s failure to report to Elkins as required. Wilkins also requested that Heckler not be subject to deferred judgment.
Hawkins asked the court that his client be subject to alternative sentencing and that sentencing be held during the hearing.
Heckler was sworn in to enter his plea and Judge Courrier explained his rights and alternatives. “You understand you can’t ask for this to be taken back,” Courrier said. “You’re not going to have a trial and most of those appeal rights go away.”
Judge Courrier also explained that the charge brings with it a sentence of 6 months to 1 year and a fine of $1,000 to $3,000.
Wilkins explained in court the facts of the case that Heckler was observed at the BFS driving away in a vehicle and entering onto the public roadway. Law Enforcement were notified by the manager of the BFS to the situation. Heckler was driving while revoked.
Hawkins agreed to the facts of the case and added that his client still had not had his license restored by the DMV for a variety of financial and life reasons. Hawkins said there were two independent witnesses to the incident and video of the operation of the vehicle, as well. “I think there is a clear, factual basis…to accept a plea,” Hawkins said.
Wilkins asked that Heckler be given the mandatory sentence due to what she termed his failure to comply in the past. According to Wilkins, Heckler was known to not check in and rarely passed substance screenings. “I’m asking that he just serve his time and we don’t have to come back here a third time at a later date because he continues to use methamphetamine,” Wilkins said.
Hawkins asked the court for an alternative sentencing due to the fact that the DUI the revocation was attached to was from 2009. Hawkins listed financial problems and difficulties, as well as the age of Heckler’s vehicle being out of date for a monitor as some of the hurdles he has faced in restoring his license over the years. “He’s just not in a great place, but he’s making an effort,” Hawkins said. “He’s not a danger to the community. I think home confinement will be more than adequate.”
Heckler said that he would pass a substance screen if given. Wilkins requested that the court submit Heckler to a screen prior to sentencing. Judge Courrier complied with the request. The test came back positive for Methamphetamine, amphetamines, alcohol and marijuana. “I guess at this point I have grave doubts Mr. Heckler would do well on home confinement,” Judge Courrier said.
Besides the positive substance test, Judge Courrier stated that Hecker’s job history would make it unlikely that he would be able to afford it and felt that Heckler would likely violate very quickly if released on home confinement.
Heckler was sentenced to the minimum of 6 months and a $1,000 fine and due to his positive substance test, Heckler was ordered to begin his sentence immediately and was taken into custody in court. Judge Courrier said he chose to execute the order then because he felt Heckler could not comply. “He did not give me much to work with,” Judge Courrier said.
Heckler will receive credit for time served.