Wednesday, May 19, 2010

Market owner goes to jail

Logan sentenced to 120 days for felony DUI

Express Staff Writer

Robert D. Logan

The owner of Elkhorn Springs Market was sentenced Monday to 120 days in jail for being an intoxicated driver in a single-vehicle accident last September that injured him and two other men.

Fifth District Court Judge Robert J. Elgee imposed sentence Monday on 43-year-old Robert D. Logan, who pleaded guilty to felony aggravated DUI in April. Logan was originally charged with two counts of aggravated DUI, but the second charge was dismissed in a plea agreement with the Blaine County Prosecuting Attorney's Office.

Elgee's sentence was a compromise between the one-year sentence asked by Prosecuting Attorney Jim Thomas and the 30-days sentence requested by defense attorney Brian Elkins.

Aggravated DUI is punishable in Idaho by up to 15 years in prison. The crime has a minimum sentence of 30 days in jail.

According to police reports, the accident occurred following a party on Sept. 17 at the Elkhorn Springs Market in Sun Valley. Logan was giving the two men a ride to his condominium when the accident occurred. Logan, Byron Skinner, 46, and Andrew Krajcik, 35, all received serious injuries and were transported by emergency helicopter to Saint Alphonsus Regional Medical Center in Boise.

At sentencing, Thomas described the accident as "one of those cases that went from being very serious to almost tragic." Thomas noted that Logan has no prior criminal record, but said a year in jail was warranted as a deterrent to others who occasionally drink and drive.

Elkins explained that Logan and the men had planned before the party that no one would drive that night and that Logan had intended to spend the night at the market.

"When the two passengers could not find Mr. Logan's condo, they came back and woke him up and asked for a ride," Elkins said.

"I would suggest that one year is extreme," he said. "He has no prior record and has been a productive member of society."

Logan told the court that he made one bad decision and "I'm very disappointed with myself."

Elgee also suspended Logan's driving privileges for nine months, placed him on probation for 10 years and gave him a withheld judgment, a procedure that allows the conviction to be removed from Logan's record if he successfully completes probation.

Elgee authorized work release while Logan is incarcerated. Logan, who had not been in custody, was ordered to report to jail on Tuesday.

Terry Smith:

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