Cleveland Indians outfielder and Jessamine County resident Austin Kearns had his lawyer enter a conditional guilty plea to a drunken driving charge for him in Jessamine County District Court Tuesday morning.
The conditional guilty plea allows Kearns and his attorneys to appeal District Judge Janet C. Booth’s earlier decision to deny dismissal of the case, and Kearns’ lawyer Noel Caldwell said that's exactly what they plan to do.
Kearns was pulled over by off-duty Lexington police officer Todd Hart on Feb. 12 in Jessamine County after Hart had observed Kearns’ Cadillac Escalade driving erratically on U.S. 68, according to a sheriff’s report. Hart and Jessamine sheriff’s department Sgt. Todd Sponcil had relayed messages to each other through a dispatcher prior to the stop. Sponcil later arrived on the scene and arrested Kearns.
Kearns’ lawyers had argued in a hearing May 17 that Hart was out of his jurisdiction and did not have the legal authority to pull Kearns over.