DUI conviction may bring jail time

Published 6:00 am Friday, November 8, 2002

A Lincoln County man is facing up to five years in prisonfollowing his conviction Thursday on a third offense Driving Underthe Influence charge.

A jury needed only about 25 minutes to find Woodell Jackson, 47,of 805 Saints Trail, guilty of the felony DUI charge related to atraffic stop that happened around 10 p.m. on Oct. 20, 2001, nearthe intersection of Brookway Boulevard Extension and SaintsTrail.

Jackson’s sentencing is scheduled for Nov. 18 before Judge KeithStarrett. He faces a minimum of one year in jail, with a maximum offive, and a fine up to $5,000.

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Assistant District Attorney Diane Jones was pleased to securethe guilty verdict. An April trial against Jackson resulted in amistrial after jurors were unable to reach a unanimous verdict.

“People who habitually drive under the influence of alcohol needto be taken off the road,” Jones said.

As in the earlier trial, the defense contended that Jackson’struck was taken by another man while he was putting out hisgarbage. Jackson said he got in the truck as it was leaving andtried to regain control of the vehicle from the driver.

“I got elbowed up side my head four or five times,” Jackson saidThursday on the witness stand. “He messed me up pretty good.”

After the truck stopped at a residence near the intersection,Jackson said sheriff’s deputies ignored his statements that the carjacker was getting away.

However, unlike during the first trial, the prosecution was ableto call a witness who was standing in a nearby yard during theincident. Jones said the prosecution did not know the witness’ nameinitially and was unable to locate her for the first trial.

Samantha Lenoir said several beer cans fell out of Jackson’struck after he stopped. She also testified that she saw no one butJackson get out of the truck.

“He was slurring and (had) very bad behavior at the time,”Lenoir said in describing Jackson’s demeanor with deputies.

Jones and Raymond Boutwell, Jackson’s attorney, agreed thatLenoir’s testimony had an impact on the case.

“She supported the sheriff’s department’s version. That made adifference,” Boutwell said.

Jones said Sheriff’s Deputy Danny “Sambo” Pepper did a great jobwith the case. She also credited Brookhaven police officer BrianCavin for his testimony.

Cavin interviewed Jackson at King’s Daughters Medical Centerafter Jackson went there following his release from jail three daysafter his arrest. The officer said Jackson was adamant that thereason for his injuries was a fall and not an assault as thedefendant claimed in his testimony.

Late Thursday, toward the end of the trial, jurors were allowedto inspect Jackson’s truck. In the truck bed were about a dozenempty beer cans and an empty beer bottle.

“Oh, my…” Boutwell mumbled when he saw the beer cans in thebed.

Talking with Boutwell on their way back into the courthouse,Jackson said he had sold the truck and it had been sitting up foralmost a year. He said he was unaware the cans were in the truckbed.

Later, Boutwell said juries can be told to only consider the lawand instructions that they are given. He speculated, though, thatthe beer cans may have influenced their decision.

“Sometimes stuff like that is all it takes,” Boutwell said.

Boutwell said he will talk to his client regarding thepossibility of an appeal.