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Judge may grant shock probation

Probation request comes after man spends five months in custody for reckless homicide case

Probation request comes after man spends five months in custody for reckless homicide case

March 13, 2008|Fred Petke

A judge indicated she would likely grant shock probation for a Lexington man who killed his passenger in a crash 14 months ago.Richard Parsons, 51, is serving a two-year sentence after pleading guilty to reckless homicide in December for the death of his passenger, Dwayne Laliberte.

"I can't tell you I'll make a bench decision today," Circuit Judge Julia Adams said during the hearing this morning. "I can tell you I'm probably inclined to grant the motion."

Parsons' attorney, Ernesto Scorsone, argued the court could exert more control over Parsons by imposing more conditions on his probation than the state could after releasing him. Parsons has already served approximately five months of his sentence and would be able to meet the parole board next month.

There have been previous issues with Parsons not receiving his prescribed medication while incarcerated, he said.

"We think (a lengthy incarceration) is counterproductive," Scorsone said. "It's making it worse."

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In court documents, Scorsone wrote that Parsons had been diagnosed with a number of medical conditions, including attention deficit disorder, post-traumatic stress disorder, alcoholism, bi-polar disorder, depression and significant anxiety disorder.

Dozens of letters were included in the file supporting Parsons, including one from Laliberte's sister. That letter, Adams said, asked her to balance justice and allowing Parsons to "live a productive life."

Adams said Parsons' lengthy documented medical history will be a consideration in her ultimate decision, which could be made in a couple days. She also said Parsons did not appear to be one who would be back in her court for another serious offense.

"Unlike many of our defendants, he did not come up with a diagnosis two weeks before," Adams said. "I'm also mindful Mr. Parsons suffered a loss here as well."

Assistant Commonwealth's Attorney Heidi Engel offered no arguments and deferred to Adams' judgment.

Scorsone said Parsons would be responsible for the costs of his treatment and medication if he is released.

In a letter to Adams, Parsons wrote he gave up his residence along the Kentucky River and moved to Lexington to be closer to treatment and Alcoholics Anonymous meetings.

"There are no words to explain how sorry I am for my previous behavior that caused the death of my best friend," Parsons wrote. "I have sincerely learned my lesson ..."

Court records indicated Parsons had a .09 blood alcohol level following the Jan. 18, 2007, crash near Hall's on the River. Under Kentucky law, a .08 is considered under the influence.

Police said Parsons was driving west on Ky. 627 when his car crossed into the opposite lane and went over a 70-foot embankment. Laliberte died at the scene. Police said he was not wearing a seat belt.

An accident reconstructionist hired for Parsons' defense said in his report there was a sharp curve sign posted at the scene for eastbound traffic, but there was not a similar sign for westbound traffic.

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