By Ariel Abdallah
SACRAMENTO – In a somewhat unusual court scene, a defendant sat in his wheelchair as the Sacramento County Superior Court commissioner issued him a SCRAM alcohol monitoring device to keep him from being “a flight risk.”
Court Commissioner Ken Brody ruled on Timothy Adams’ case Monday. Defendant Adams was represented by David Alan Cousins and the prosecutor was Deputy District Attorney Jacqueline Danens.
The case consists of felony complaints against Adams for driving under the influence and he also has a prior strike. Because of the injuries he suffered from the car accident, Cousins requested that he be released under a prior convictions Level 5.
Cousins argued, “He [Adams] has a broken knee, broken vertebrae, one of the vertebraes in his neck so he has a neck brace on, he was put in a wheelchair and he is highly immobile…His father, who is a victim of Agent Orange during his Vietnam experience, is taken care of by my client who is the sole caretaker. I believe that the Level 5 is appropriate in this matter. He is certainly
difficult to take care of in the jail because of all of his injuries.”
Cousins argued that since his client is highly immobile and unlikely to go anywhere, he should be released with the judge barring his consumption of all alcoholic beverages.
In fact, on Nov. 9, peace officers came to Adams’ house with a warrant, but instead asked him to come into court voluntarily on Nov. 12. This decision shows that they did not think of him as a danger to society or as a flight risk and did not want to transport him in their patrol cars, said Cousins.
DDA Danens alleged that in the accident, Adams hit the center divider, a wooden pole, and a fence. Adams’ was so incapacitated by the time police arrived that he was immediately transported to hospital and unable to give a statement.
At the time of the blood test, Adams had a blood alcohol level of .18. He also has a couple of prior DUI convictions, including one last year. Danens claimed that the issue is not that he is a danger to society but is a flight risk. Judge Brody also detailed that he is concerned about a gun being present at the time of the accident.
Judge Brody concluded that Adams will be released under Level 5 restriction with several conditions, including that he must report to pretrial services within two days of release to provide current address and phone number. He cannot drive any vehicle without being licensed and insured and cannot use or possess any alcohol.
Adams will be required to have a SCRAM device on his ankle, whether he is wheelchair bound or not. He must provide proof of the device to officers, no later than Nov. 30. To prove the installation of the SCRAM device and to continue court proceedings, Adams is required to be in court on Dec. 3.
Ariel Abdallah is a senior at Westmont College, majoring in Business Economics. She is from Claremont, CA.
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That is not too surprising he still needs a SCRAM DUI device after having ot fightDUIcharges in court. Under new DUI laws, all convicted DUI offenders are required to install an interlock and/or SCRAM device as part of the mandatory cost and consequences.
Not to criticize or shame but, hopefully, to enlighten: While not all people with disabilities think alike, I can tell you, based on my more than three decades as a disability rights advocate, that most individuals who use wheelchairs find the terms “wheelchair bound” or “confined to a wheelchair” to be offensive. Accepted guidelines for writing about people with disabilities caution against using such terms. Following are but four of myriad links on the issue.
https://www.ndrn.org/images/Documents/Advocacy/Amicus_Activity/Guidelines_for_Reporting_and_Writing_about_People_with_Disabilities.pdf
https://www.newmobility.com/2015/09/dont-say-wheelchair-bound/
https://canbc.org/blog/proper-terminology-dont-use-confined-to-or-wheelchair-bound/
https://adata.org/factsheet/ADANN-writing
I would ask Vanguard editors to be aware of these issues.