Wednesday, April 14, 2010

Repeat DUI offender gets 7 years


By TERRY SMITH
Express Staff Writer

A Hailey man who failed at rehabilitation for alcoholism was sentenced April 6 to seven years in prison for a second felony conviction of driving while intoxicated.

Sentence was pronounced by 5th District Court Judge John K. Butler on 44-year-old John Heath Barsch, a repeat offender who the Blaine County Prosecuting Attorney's Office reported had five DUI convictions , four in Blaine County and one in Iowa in 1991.

His latest DUI offense was in August 2008. Deputy Prosecuting Attorney Matt Fredback said Barsch nearly collided with several vehicles in Bellevue and at the time of arrest had a blood-alcohol level of .36, more than four times the legal driving limit of .08.

Barsch was originally placed on probation for the crime and allowed to enroll in Blaine County Drug Court, which offers the opportunity for rehabilitation. However, he was dropped from drug court in February after he was arrested for stealing vodka from state liquor stores in Ketchum and Hailey.

Fredback said Barsch was drinking alcohol even while undergoing treatment and that his arrest in February exemplified a "long series of deceits Mr. Barsch was engaged in."

"He has an extensive criminal history and the state's attempt to rehabilitate Mr. Barsch has not been successful," Fredback said.

Barsch admitted to violating his probation by stealing and consuming alcohol. In exchange for his admission, five crimes he was charged with for stealing the vodka were dismissed.

Public defender Kevin Cassidy asked for leniency for his client, explaining that Barsch started drinking again at a time when he was unable to find a job and had the electricity shut off to his home.

"He was just overwhelmed by the despair of the situation," Cassidy said. "He's been seriously hit by the hard times in this town."

Barsch asked the judge for a lesser sentence, explaining that he would like to try again to give up alcohol.

"I broke the law, I've relapsed, I was in a bad situation economically," Barsch said. "My problem is alcohol—I relapsed and I relapsed in a big way. I'm hoping you can show some mercy and I can get some help for my problem."

Butler noted that Barsch had failed at past attempts at rehabilitation and that a prison sentence was required.

"Protection of society is the court's primary concern," Butler said.

Barsch's prison sentence is for three years fixed and four years indeterminate, during which time he would be eligible for parole. He was given credit for 274 days already spent behind bars.

Terry Smith: tsmith@mtexpress.com




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