Leopoldo R. Salas Gayton
Preliminary hearing rescheduled by Commissioner who ordered competency exam for suspect
By H. Nelson Goodson
January 13, 2011
Milwaukee - On Thursday, Milwaukee County Court Commissioner Barry Slagle suspended the preliminary hearing for Leopoldo R. Sala Gayton, 41, and ordered a competency exam. Gayton was charged with two counts of vehicle homicide while intoxicated in the New Year's Day Interstate highway I-94 wrong way crash death of Corrie A. Damske, 34.
Gayton confessed that he had drank at least 14 cans of beer and his blood alcohol tested .14, almost twice the legal limit of .08 allowed to drive in Wisconsin. He was also seen throwing empty beers cans outside his vehicle, after stopping and making a u-turn and heading eastbound on the westbound I-94 lane near the 20th Street exit. Gayton side slammed into several westbound vehicles and killing Damske.
The Milwaukee County Sheriff's Department released information on Thursday that Damske's autopsy revealed she had a blood alcohol level in her body above the legal limit while driving, but declined to comment further until the investigation is completed.
In court, Gayton's Attorney Heather Johnson told the Commissioner that her client was not competent to stand trial. Milwaukee County Assistant District Attorney Mark S. Williams was ready to proceed with the preliminary hearing and had brought several witnesses to testify against Gayton.
Commissioner Slagle found probable cause, but suspended the proceedings and ordered Gayton to be examined for competency by the Wisconsin Forensic Unit. Slagle rescheduled the hearing until January 20, at 8:30 a.m. in court Branch 19 to review the doctor's evaluation report to determine, if Gayton is competent to stand trial.
Gayton was remanded to the Milwaukee County Sheriff's Department on a $200,000 cash bail bond. Gayton has been unable to post bail.
Gayton, a Mexican national has admitted to being in the country illegally for 13 years and was previously cited twice for driving without a license. The most recent citation was on April 22, 2010, when a Wisconsin State Patrol officer stopped him and gave him a ticket for operating a vehicle without a valid driver's license. Gayton ended up in custody and was later released. He entered an alcoholic rehab center, but resumed to consuming alcohol (beers) on New Year's Day.
A hold by U.S. Immigration and Customs Enforcement has been place on him.
Gayton is facing 25 years in prison and $100,000 fine, if convicted on all charges.
Gayton's case has been used and exploited by Republican conservative WTMJ 620 AM radio talk show hosts Charlie Sykes and Jeff Wagner to push for a similar Arizona SB 1070 law in Wisconsin. The law would allow local law enforcement officials to question and hold illegal immigrants that they suspect are in Wisconsin and in the U.S. illegally during traffic stops or any minor and domestic call investigations.
What Sykes and Wagner should actually push is for stricker laws against drunk driving and harsher penalties in accidents causing death by intoxication and driving. Wisconsin leads with lesser penalties for repeated drunk driving violations and homicide by vehicle while intoxicated related accidents. For example, if a person is busted a third time for intoxicated driving it becomes a state felony.
On January 3, the Wisconsin State legistature in both Houses became Republican controlled, including the Governor's Office. Several state representatives are planning to introduce a similar Arizona immigration enforcement law (Wisconsin Immigration Enforcement Law) in the session beginning this year. The bill, a similar Arizona SB 1070 law is expected to be introduced by Wisconsin State Representative Donald Pridemore (R Hartford).
Pridemore's Wisconsin version of SB 1070 will allow local law enforcement officers to detain suspects for 48 hours when they come into contact with them in minor or serious infractions of the law, if officers suspect they are in Wisconsin and in the country illegally. If illegal, then undocumented immgrants will be turned in to ICE. Governor Scott Walker (R) has vowed to sign a similar Arizona immigration enforcement law, if passed by the state legislature.
U.S. Hispanics in Wisconsin, civil rights and immigration rights groups have also vowed to filed lawsuits against Walker and the state, if the law is deemed discriminatory and will lead to racial profiling by law enforcement officers.
Connected by MOTOBLUR™ on T-Mobile
Preliminary hearing rescheduled by Commissioner who ordered competency exam for suspect
By H. Nelson Goodson
January 13, 2011
Milwaukee - On Thursday, Milwaukee County Court Commissioner Barry Slagle suspended the preliminary hearing for Leopoldo R. Sala Gayton, 41, and ordered a competency exam. Gayton was charged with two counts of vehicle homicide while intoxicated in the New Year's Day Interstate highway I-94 wrong way crash death of Corrie A. Damske, 34.
Gayton confessed that he had drank at least 14 cans of beer and his blood alcohol tested .14, almost twice the legal limit of .08 allowed to drive in Wisconsin. He was also seen throwing empty beers cans outside his vehicle, after stopping and making a u-turn and heading eastbound on the westbound I-94 lane near the 20th Street exit. Gayton side slammed into several westbound vehicles and killing Damske.
The Milwaukee County Sheriff's Department released information on Thursday that Damske's autopsy revealed she had a blood alcohol level in her body above the legal limit while driving, but declined to comment further until the investigation is completed.
In court, Gayton's Attorney Heather Johnson told the Commissioner that her client was not competent to stand trial. Milwaukee County Assistant District Attorney Mark S. Williams was ready to proceed with the preliminary hearing and had brought several witnesses to testify against Gayton.
Commissioner Slagle found probable cause, but suspended the proceedings and ordered Gayton to be examined for competency by the Wisconsin Forensic Unit. Slagle rescheduled the hearing until January 20, at 8:30 a.m. in court Branch 19 to review the doctor's evaluation report to determine, if Gayton is competent to stand trial.
Gayton was remanded to the Milwaukee County Sheriff's Department on a $200,000 cash bail bond. Gayton has been unable to post bail.
Gayton, a Mexican national has admitted to being in the country illegally for 13 years and was previously cited twice for driving without a license. The most recent citation was on April 22, 2010, when a Wisconsin State Patrol officer stopped him and gave him a ticket for operating a vehicle without a valid driver's license. Gayton ended up in custody and was later released. He entered an alcoholic rehab center, but resumed to consuming alcohol (beers) on New Year's Day.
A hold by U.S. Immigration and Customs Enforcement has been place on him.
Gayton is facing 25 years in prison and $100,000 fine, if convicted on all charges.
Gayton's case has been used and exploited by Republican conservative WTMJ 620 AM radio talk show hosts Charlie Sykes and Jeff Wagner to push for a similar Arizona SB 1070 law in Wisconsin. The law would allow local law enforcement officials to question and hold illegal immigrants that they suspect are in Wisconsin and in the U.S. illegally during traffic stops or any minor and domestic call investigations.
What Sykes and Wagner should actually push is for stricker laws against drunk driving and harsher penalties in accidents causing death by intoxication and driving. Wisconsin leads with lesser penalties for repeated drunk driving violations and homicide by vehicle while intoxicated related accidents. For example, if a person is busted a third time for intoxicated driving it becomes a state felony.
On January 3, the Wisconsin State legistature in both Houses became Republican controlled, including the Governor's Office. Several state representatives are planning to introduce a similar Arizona immigration enforcement law (Wisconsin Immigration Enforcement Law) in the session beginning this year. The bill, a similar Arizona SB 1070 law is expected to be introduced by Wisconsin State Representative Donald Pridemore (R Hartford).
Pridemore's Wisconsin version of SB 1070 will allow local law enforcement officers to detain suspects for 48 hours when they come into contact with them in minor or serious infractions of the law, if officers suspect they are in Wisconsin and in the country illegally. If illegal, then undocumented immgrants will be turned in to ICE. Governor Scott Walker (R) has vowed to sign a similar Arizona immigration enforcement law, if passed by the state legislature.
U.S. Hispanics in Wisconsin, civil rights and immigration rights groups have also vowed to filed lawsuits against Walker and the state, if the law is deemed discriminatory and will lead to racial profiling by law enforcement officers.
Connected by MOTOBLUR™ on T-Mobile
No comments:
Post a Comment