Oregon Judge: Ninth DUII Conviction Not Enough For Serious Jail Time

Forget about two-time losers or three-time losers. Or even five-time losers. Cary Devore stood before Judge Judith Matarazzo on Thursday awaiting sentencing for his ninth conviction for DUII.

Prosecutor Mike Botthof was asking that he be sent to prison for six years. Devore's lawyer was asking that his client get five years probation and be sent to the DUII Intensive Supervision Program - a diversionary program designed to help people get - and stay sober.

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Saying that Devore "has one of the worst DUII records in the history of Multnomah County," Botthof wrote in court papers, he "is not deserving of the DISP program and the State objects to his entry into the program.

"It is unfair and dangerous to the community to provide him with such an opportunity. "

Botthof told the judge that Devore has already been sent to DISP for two of his previous convictions and was ultimately evoked for non-compliance.

"A defendant facing his ninth DUII conviction, who continues to show a blatant disregard for the laws and the safety of the community, should face the maximum sentence provided by law," Botthof wrote.

And it wasn't just the nine convictions that Botthof cited, he went through Devore's criminal history.

1. Misdemeanor DUII in Wasco County May 19, 1980 (1st DUII)
2. Misdemeanor DWS in Wasco County May 19, 1980
3. Misdemeanor DWS in Jefferson County July 28, 1980
4. Felony Delivery of Controlled Substance II in Multnomah County July 1, 1986
5. Misdemeanor DUII in Multnomah County April 3, 1997 (2nd DUII)
6. Attempted Felony DWS in Multnomah County July 1, 1997
7. Misdemeanor Boating DUII in Multnomah County December 12, 1997 (3rd DUII)
8. Misdemeanor DUII in Multnomah County July 23, 1999 (4th DUII)
9. Misdemeanor DWS in Multnomah County July 20, 1999
10. Misdemeanor DUII in Multnomah County case May 1, 2006 (5th DUII)
11. Misdemeanor DUII in Multnomah County case October 11, 2006 (6th DUII)
12. Misdemeanor DWS in Multnomah County October 11, 2006
13. Misdemeanor FTA in Multnomah County October 11, 2006
14. Misdemeanor DWS in Clackamas County December 12, 2009
15. Misdemeanor DUII in Hood River County July 2, 2010 (7th DUII)
16. Felony DUII in Yamhill County case CR110382 on September 12, 2011 (8th DUII)
17. Felony DUII, Felony DWS, Reckless Endangering, Reckless Driving - Multnomah County October 14, 2016

The 2001 conviction in Yamhill County resulted in Devore's driving privileges being "permanently" revoked.

Botthof also included the note from when Devore was kicked out of the treatment program.

"Devore appears to give up when frustrated with learning new concepts. He has a stubborn attitude and has been having a hard time listening to 63 peers telling him that. He has made minimal progress since entering treatment and stuck in his old ways of promising to work harder and do better, then failing to follow through, despite interventions designed to help him identify and overcome his criminal drivers. The case management team recommends he be removed from the program as a treatment failure.”

That was in 2012.

"There is also sufficient evidence for the court to find that there is a likelihood that the defendant cannot be rehabilitated," Botthof wrote. "In every single one of defendant’s judgments for his previous DUII, he was ordered by the court to engage in alcohol evaluation and treatment.

"Yet, after or during every single one of his previous DUII probations, the defendant picked up a new DUII charge."

Devore's lawyer, Jessica Snyder, pleaded with the judge to be lenient on her client, saying he is amenable to treatment and putting him in the DISP program is what he needs.

"He would be receiving the tools and treatment," she said. "He needs to be safe and sober for the rest of his life. Mr. Devore is a 55-year-old man who suffers from the disease of alcoholism. Science shows that DISP is what he needs to change his life and behavior."

Snyder told the court that Devore grew up in Oregon and has struggled with alcoholism his entire adult life.

"Mr. Devore’s most recent relapse occurred after his father died," she said. "Mr. Devore’s father was his best friend, and the loss was very hard for him to manage. This relapse has taught him that he cannot take his recovery for granted. "

Botthof's view was different, telling the judge that "The community is in danger" including anyone walking on the sidewalk, riding in the bike lane.

In the end, Matarazzo - pointing out that she once had someone with 12 DUII convictions be helped by DISP - sentenced him to one year in prison. It means he will likely be out in just more than five months.

The judge did say that she thinks it's "inevitable" that Devore will one day again drink and drive. She just didn't think that sending him to jail is the answer.

Photo Colin Miner