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Kearns enters conditional guilty plea to Jessamine County DUI charge

Kearns' lawyer said he plans to appeal judge's refusal to dismiss

July 12, 2011|By Laura Butler | lbutler@jessaminejournal.com

Photo courtesy Associated Press

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.

"We're looking forward to addressing the jurisdiction issue," Caldwell said after Tuesday’s hearing. "That's why we entered the conditional plea."

Caldwell said they have 10 days to file a notice of appeal, then another 30 days to enter a statement. The appeal would then move to Jessamine Circuit Court, where he thinks Kearns has a good chance of a successful appeal.

“It's an interesting issue,” Caldwell said. “A lot of times when you see a stop by an out-of-county police officer, they're usually involved in a high pursuit, but that's not the case here … it was not a case of chasing into another county.”

If Kearns wins the appeal, the plea his lawyer entered Tuesday morning would be set aside and the case would go back to district court.

If Kearns does not file the appeal, he would have to adhere to the conditional guilty plea and Booth’s ruling. Kearns would be required to pay $718, which includes a $200 fine, $375 in DUI service fees and the remainder of the amount comes from court costs, Caldwell said. Kearns would also have to complete DUI classes, which are required by Kentucky state law and his license would be suspended until they’re completed. Kearns could take the classes out-of-state and would most likely complete them from Cleveland, Caldwell said. Kearns has not made any appearances in Jessamine County court, and out-of-state defendants can enter pleas without being present, according to Kentucky state law.

Kearns also initially faced another charge of driving without insurance, but that charge was dropped several months ago after Kearns showed proof of insurance shortly after the February incident, Caldwell said.

Caldwell declined to comment about any potential disciplinary action for Kearns from the Cleveland Indians. He also declined to speak about how Kearns feels about the issue.

“I have no comment on that,” Caldwell said. “I think the plea speaks for itself.”

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