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Published Wednesday, February 20, 2008 10:30 AM

Letters for February 20

Noon on Monday is the last time that The Eagle will accept letters to the editor concerning the March 4 Republican and Democratic primaries. All election letters will run by Feb. 28.

In addition to normal rules governing letters to the editor, The Eagle will not run letters from candidates' immediate family members, campaign managers or treasurers.

All letters are subject to editing.

The statistics on Brazos County DWI convictions is not a monthlong research project. It is a few minutes on the Office of Court Administration Web site, http://data.courts.state.tx.us/OCA/ReportSelection.aspx, which indicates that the Brazos County Attorney's office is doing an excellent job of prosecution of DWI violations.

From January 2005 through December 2007, there were 2,754 docketed DWI cases filed by the County Attorney's Office. Of those, there were 215 revocation proceedings due to probation violations; 1,206 guilty or no contest pleas for which a judge assessed a penalty; 30 not guilty pleas, tried by a jury, for which there were seven acquittals; and 816 dismissals due to lack of evidence or non-conformity to legal process or state statutes.

As for misdemeanor assaults, there were 928 docketed cases, of which there were 313 convictions, 80 placed on deferred disposition, 302 dismissals and 48 miscellaneous dispositions for a total of 743 dispositions.

To be fair, similar information is also available for the District Attorney's Office. For the same period, there were 153 felony DWI cases filed by the DA's Office-- people with two or more prior misdemeanor or felony convictions for DWI. Of these, there were only four not guilty pleas that went to jury trials with two acquittals, as well as 48 guilty or no contest pleas. Additionally, there were 16 dismissals and 22 miscellaneous dispositions for a total of 90 dispositions.

The only cases that go to a jury trial are not guilty pleas by the accused defendant. In difference to Kirk Brown (Eagle, Feb. 14) and Rod Anderson's opponent, there were more than just 24 prosecutions as indicated in the official documents of the Office of Court Administration.

Rod Anderson is the right man for the position of Brazos County attorney.

CHARLES H. ELLIS Jr.

College Station

Shane Phelps should be elected as the next Brazos County attorney.

He did not even know me at the beginning of what was the most awful time of my life, yet Shane supported me, showed much respect for me and stood by me before, during and after my trial. I could not have made it through this tragic time without his support.

Please stand with me on Election Day and vote for Shane Phelps as our next county attorney. Shane is a man who loves his family, the community and the welfare of animals. He fights for justice.

DARLA McCRADY

College Station

Kirk Brown's letter (Eagle, Feb. 14) regarding DWI resonated with me at several levels. Brown's letter hopefully will provide a platform for a rational discussion concerning DWI laws, how current laws handcuff prosecutors and policy considerations based on more than visceral reaction.

Currently, DWI is one of only a handful of crimes for which deferred adjudication probation is not, by law, a punishment option. The hypothetical 21-year-old college student with no prior criminal history is therefore not eligible for consideration of this type of probation. The lack of this option handcuffs prosecutors dealing with this common scenario. It also is a financial boon to criminal defense attorneys such as me.

This defendant, if convicted, will most likely receive probation in the typical DWI case. No real incentive to plead the case exists. Additionally, although members of the community are all about punishing DWI in the abstract, when in a jury box, facing down a 21-year-old engineering student whose life could be inalterably changed by a guilty verdict, their views understandably soften.

When faced with these realities, prosecutors become creative. They use other penal statutes to charge the defendant on a deferred eligible crime that addresses rehabilitative needs rather than risk the possibility of an acquittal and no supervision.

Rather than forcing prosecutors to engage in charade, the Legislature should allow the option of deferred adjudication for first time offenders of DWI, but also allow it to be used as an enhancement to any subsequent DWI prosecution.

Most members of the community, me included, have been touched by the tragedies of substance abuse.

A rational discussion concerning DWI prosecutions in this state is necessary, however, and transcends who is elected county attorney in Brazos County.

LANE THIBODEAUX

College Station

I should have written this long ago when I witnessed a city employee picking up a few pieces of trash and raking up a small pile of remnant leaves after bulk trash pick up, not realizing anyone was watching behind the blinds in our home. I appreciate the city employees who graciously wave at my boys sitting in the back seat trying to get attention.

I know with all the construction going on, many men and women are putting their lives in danger as we drive by in oblivion, or perhaps frustrated at the congestion on Texas Avenue, but it's looking great.

Thank you to animal control for being prompt when I called about a loose pit bull so my children could play safely in the front yard without the fear of being attacked.

I'll never forget when the utility guys who came out and worked on the blown transformer like rock stars in front of 13 kids in the black of night.

To how sanitation crew know how to work the monster red machine is amazing.

I am sorry to the meter reader who was attacked by hornets -- they are taken care of now -- last spring.

We appreciate the sacrifices of the EMS, firefighters and police officers as they keep our community as safe as possible. My three children know they are out to help them.

As we utilize the parks and library, we value the city employees because their services enrich our lives.

Thank you to every employee because you are a big part of this community. As a taxpayer, I just want to thank you

KAYCI PETERSON

College Station





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