MIDDLEBURY — A Starksboro man was sentenced in Addison County District Court on Monday to 100 hours in jail, three years of probation and court costs after pleading guilty to a fifth drunk-driving offense and to reckless endangerment for driving while under the influence of alcohol with his 7-year-old son in his vehicle.
Judge Helen M. Toor also imposed alcohol-related conditions on Ruby Brace Road resident Marland Brewer, 46, and imposed court costs on him. Toor ordered Brewer to start serving his jail time on March 29 at the Marble Valley Correctional Facility.
Brewer drew concurrent one-to-three year sentences on each of the charges, with all but 100 hours of the sentence for reckless endangerment suspended.
According to court documents, the sentence was the result of a plea deal struck between Brewer and his lawyer and the Addison County State’s Attorney’s Office and accepted by Toor on Jan. 11, when also the date was set for Monday’s sentencing hearing.
The charges stemmed from a May 27, 2011, incident at the home of Brewer and his wife and their two sons, then 3 months and 7 years old. According to a Vermont State Police affidavit, they responded to a report of a family fight at the home after a 911 call at about 4:40 p.m.
Brewer’s wife told two VSP troopers that she had tried to stop Brewer from driving off with the children and that he had kicked her arm against the dashboard “as she reached up with her left arm to try to shift the truck into park.” At that point, Brewer handed the younger child to his wife, but drove off with the older son, according to the affidavit.
Brewer returned while VSP were there, and they arrested him. According to the affidavit, Brewer admitted to drinking four 24-ounce beers since 3 p.m., and when VSP tested his blood-alcohol content, they alleged it was 0.154, almost double the legal limit for driving of 0.08 percent.
According to the court documents, Brewer had been previously convicted of DUI four times in New Mexico, most recently in March 2005.