Kalen Peters Avoids Prison, Gets Tougher Probation, LIVINGSTON, January 31, 2017 - Today (12/31) District Judge, Ernie McClendon setenced Kalen Wayne Peters, 24, of Onalaska, to 90 - 180 days in a substance abuse felony punishment facility. Prosecutor, Polk County District Attorney, Lee Hon, was seeking 10 years prison for Peters. Peters' time in the substance abuse felony punishment facility is confined time in a patient facility.
In September of 2016, Peters was the driver in a rollover accident in Livingston. Peters admitted to police that he had been drinking prior to the accident. A field sobriety test was administered by Livingston Police and Peters was placed under arrest for driving while intoxicated. While on probation, no consumption of alcohol is allowed.
Prosecutor, Lee Hon stated that due to Peters' 2009 DWI conviction, his part in the 2012 double fatal, and his 2016 DWI, that Peters has proven to be a danger to society and should be confined to Texas Department of Corrections. Hon was seeking 10 years. Defense Attorney, Seth Evans, stated to Judge McClendon that Peters was a hard working man, 25 years of age, and has a family to support. Evans pointed out that other than when alcohol is involved, that Peters was no danger to anyone. Evans was asking for, rather than prison time, alcohol counseling.
Officer Tito Reyes, with Livingston Police Department, stated from the witness stand that at the scene of the 2016 rollover accident that Peters' speech was slurred, he was wobbly and admitted to have had been drinking prior to the rollover. Reyes further pointed out that Peters had a carefree, nonchalant attitude and was using belligerent speech. A blood test showed that Peters' blood alcohol content was nearly twice the legal limit. Judge McClendon took both arguments under advisement and will rule on the case on January 31.
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