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Joseph Fahy pleaded guilty to driving while intoxicated resulting in injury and special allegations Monday afternoon.
Fahy’s attorney, James Clark, announced to Judge Douglas C. Phimister that a resolution had been reached in the matter and that Fahy would be pleading guilty to the third alleged count. He would also be admitting special allegations of gross bodily injury and a high blood alcohol content, greater than .15. Phimister noted that Fahy’s BAC on the day of the incident had been between .21 and .22.
After Fahy entered his guilty plea, Phimister scheduled a judgment and sentencing hearing for Nov. 28 at 1 p.m.
Clinchard later noted that the count Fahy pleaded to would be a strike offense that would lead to state prison time, which Fahy would have to serve 85 percent of. He could face up to six years in prison, Clinchard said. He stressed that Fahy pleaded “guilty,” rather than “no contest,” owning up to the DUI that rolled his 2001 Lincoln Navigator on March 23, killing his passenger, Earl “Ryder” Smith.
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