Hank

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Hank - Guilty- Continued from Page 1 trial and...
Guilty- Continued from Page 1 trial and answered "yes, your honor" honor" when Judge Cox asked him if he understood his rights. The judge ordered a probation report completed and scheduled Plymire's sentencing for Sept 27. "I feel relieved it's almost over," said Kristen Scaturro, Nicholas* mother, who was present in court with her husband, Mario. Plymire was originally charged with four felony counts including drunken driving, hit-and-run, having having a blood-alcohol level higher than .08 and making terrorist threats. But two of the charges were dropped, according to District Attorney Susan Massini, because Plymire pleaded guilty to the most serious charge and would receive no more punishment for the others. The charge of making terrorist threats was dropped because of insufficient evidence, Massini said. The court granted a "Harvey waiver" on a fifth charge which alleges Plymire failed to notify an owner of damage during a separate hit-and-run incident the same day. A "Harvey waiver" allows the judge to order restitution be paid to the victim without Plymire admit- ting guilt. Plymire's attorney, Duncan James, said his client is satisfied with the outcome. "From the very beginning in my dealings with Mr. Plymire, he has been emotionally upset about what he caused," James said. "He has tremendous feelings of remorse. He recognized the seriousness of the injuries and didn't realize it (the accident) had happened." James said Plymire had waived a preliminary hearing scheduled- in June because he did not want to put the Scaturro family through anymore anymore than they had already gone through. Massini said Friday she was unsure if she would ask for a state prison sentence. The maximum punishment for felony drunken driving is three years in state prison. "It depends on the probation report," Massini said when asked what punishment she would seek. James said he plans to ask for felony probation. "He has an immaculate background background and is a first offender at age 67. If he ended up going to prison, he probably would not survive," James said.

Clipped from
  1. Ukiah Daily Journal,
  2. 18 Aug 1991, Sun,
  3. Page 20

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