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Smithfield man sentenced for running from police

April 22nd, 2010 Posted in Opinion

By Kayla Woodring

LOGAN—Judge Thomas Willmore sentenced a Smithfield man to jail time, fines and drug and alcohol rehabilitation Wednesday after telling him he was insufficiently punished for similar offenses as a minor.

Cody Moulton, 18, pleaded guilty in 1st District Court to failure to stop at the command of a law enforcement officer, a Class B misdemeanor. The charge was negotiated down from a Class A misdemeanor in exchange for Moulton’s plea.

According to the charging document in the Moulton’s court file, the crime occurred on March 6.

Prosecutor Barbara Lachmar said the charge arose when Moulton ran from a police officer who responded to a complaint about excessive noise coming from his home. Police chased after him, but were unable to locate him until several days later, Lachmar said.

Moulton said he was afraid because he had previously been convicted of an alcohol offense as a minor and worried about what the scene would look like to a police officer.

“I just got scared. It was a really stupid thing to do, but I thought he might ask me to take a Breathalyzer test or see who I was with,” Moulton said. “I wasn’t drinking, but he probably thought I was.”

The conditions of Moulton’s prior conviction as a minor prevent him from consuming drugs or alcohol or being in the presence of people using those substances. Judge Willmore reaffirmed that order when he sentenced Moulton.

The sentence also included a fine of $700, participation in Bear River Health Department’s drug and alcohol treatment program and a jail sentence of 180 days, all but four days of which were suspended.

“I’ve found that those who don’t do jail time as a minor for drug and alcohol charges don’t understand the seriousness of this offense,” Willmore said. “Because of that, this time you will do jail time.”

Moulton was granted permission to serve his sentence on weekends, and was released following sentencing.


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