Wednesday, April 23, 2014
PLACERVILLE, CALIFORNIA
99 CENTS

Former DA gets DUI

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From page A1 | April 05, 2013 | 41 Comments

lacy gary

GARY LACY

A former district attorney was arrested on March 30 for allegedly driving while under the influence.

At 3:45 a.m., an El Dorado County Deputy Sheriff stopped a black Hyundai Sonata for impeding traffic on El Dorado Hills Boulevard south of Highway 50 in El Dorado Hills, a press release from the California Highway Patrol stated. When the deputy made contact with the driver, he allegedly detected a strong smell of alcohol from within the vehicle, and CHP was requested to make a DUI evaluation.

The deputy was able to identify the driver as Gary Lacy, 59, El Dorado County district attorney from 1994 to 2006, who exhibited symptoms of intoxication. Lacy also allegedly admitted to drinking prior to driving. Lacy subsequently failed the field sobriety tests.

Lacy was subsequently arrested on charges related to DUI. He was not booked into the county jail. Officer Quinn Cuthbertson confirmed that Lacy’s blood alcohol level was at least .08.

According to the Sheriff’s Department daily logs, Lacy had been impeding traffic while being yelled at by a female – Cuthbertson believed her to be a passenger in the car. The female, Kimberly Alander-Hunt, 27, was also arrested on a charge of public intoxication and later released.

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Discussion | 41 comments

  • Walking TallApril 05, 2013 - 4:24 am

    Who= Former DA, What= DUI, Where= EDH, When= 3:45am...WHY= ? Why wasn't he booked into the jail like everyone else who drives under the influence, his passenger was..Is this a form of SPECIAL treatment when he was the past DA, no one can make this stuff up, it appears that there is a different standard at the DA's office from this reporting. So from the start he is not taken to the County Jail and held until he is sober, no reporting of an accident or hospital stay, so the question is WHY... We have all seen this special treatment before and wonder what is going on and again why is it that we have a different standard for the GOB's Just leaves another question and that is How does this keep happening in our County and how do they get away with it. Everyone else that is arrested for DUI has to go to Jail and even in this case the passenger went to jail but not the former DA.. I guess we will all be told later and it won't fly in the face of what is right, but we will all still have raised eyebrows and still wonder WHY....

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  • cookie65April 05, 2013 - 6:17 am

    So if he was "arrested" what did they do with him? Did they have his vehicle towed and impounded? All of 30 years ago I knew an ED sheriff's deputy who wrecked his truck while smashed out of his mind and the CHP came out and talked to him but did not arrest him. I was there. Even his family couldn't believe it.

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  • Ken SteersApril 05, 2013 - 6:36 am

    I think that in this case, not unlike Supervisor Helen Bauman's DUI, justice is being served. Regarding not holding a DA in the jail housed quite possibly by many he had prosecuted in the past makes sense to me. Being 59 and fighting with your drunk 27 year old GF at 3:45 in the morning. Shows a lack of judgement and common sense. And a perfect example as to why this county made a change.

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  • James SmithApril 05, 2013 - 7:15 am

    Gary probably forgot the old saying about El Dorado County....Arrive on Vacation...Leave on Probation!

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  • James SmithApril 05, 2013 - 7:20 am

    I have to hand it to Gary, keeping up the Party Lifestyle at age 60 at 4:00AM with a 27 year old girlfriend ain't easy. http://www.printroom.com/ViewGallery.asp?shopperid=XBX7DFDB0D798MSVD9942JHHG2GT09XF&userid=msa07&gallery_id=939368

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  • 1036-FrankApril 05, 2013 - 8:13 am

    If this had been when he was DA, he would have been given a ride home after a Gob was called. The fact is not a lot of people these days know him like back then when he was a ranking Gob and why so many of the Gob's were untouchable. This behavior isn't too surprising to those who saw it for many years. My guess is he was taken to the CHP office and released there, a decision was made by someone not to book him, people need to know who made this decision to grant a favor for him while a regular citizen would have been booked, it doesn't look good for favors to be handed out to former Gob's, as there are cells where he could of been kept in protective custody without much trouble.

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  • fernApril 05, 2013 - 8:24 am

    most likely they gave him a ride home. that's what they usually do with the "family" or "politically sensitive" ones.

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  • Ken SteersApril 05, 2013 - 8:55 am

    Well he lives to the Hank Williams Jr song of "All my rowdy friends are coming over tonight". When he should be listening to "All my rowdy friends have settled down". I agree that he was a key component of the GOB's. Most now are gone, disgraced or dead.

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  • EvelynApril 05, 2013 - 9:04 am

    "Beginning in 1985, Mr. Lacy served as a Deputy District Attorney in the Stanislaus County District Attorney’s Office in Modesto, California. In this position he successfully prosecuted nearly 50 criminal trials of various and assorted types, from driving under the influence cases to murder cases." - HERE

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  • KApril 05, 2013 - 3:16 pm

    This is truly sad. I personally know Gary and ever since he met Kimberly he's changed. That girl is constantly causing some kind of trouble where ever she goes, which is amazing considering she has claimed on many occasions to myself and people I know to have Stage 4 terminal cancer. Not to mention her claims of her terminal illness have usually been made in bars around EDH while consuming mass quantities of alcohol. I'm sure she'll be able to clear her name since she also claims to be an attorney who is fluent in 6 different languages who also practiced law in several different countries. Quiet an accomplishment at the age of 27. I'm almost 32 and I've only been practicing a few years. In all the years I've known Gary, I've always known him to be an upstanding and responsible person, it really made me sad to see her drag him down, now I see that she has dragged him into this situation which is truly heartbreaking since it has ruined his reputation and respect in the community. Granted, I realize he willingly participated in her shenanigans, but he should have seen the signs of this coming months ago when I warned him.

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  • oh brotherApril 05, 2013 - 4:23 pm

    Response to "K". I don't feel one bit sorry for Gary Lacy. He let my son sit in the jail because my son was 18 and the girl he was dating was 16 and he filed charges on my son for consensual sex. Didn't bother Mr. Lacy one bit to let a young man sit in the "sex pod" with the "real" sex offenders. He prosecuted so many 18 year old guys for having a sexual relationship with their girlfriends it was pathetic. But look at the age difference between he and the girlfriend he was with. My understanding of my son's case was that the mom of the girlfriend spent a couple of hours behind closed doors with Mr. Lacy and when she came out, he decided he would file charges. Umm wonder what went on in his office behind closed doors??? Mother like daughter??? He should have been booked into the jail just like everybody else. He was drinking and driving, he could have killed someone and you want to blame somebody else??? It was all him and his choice. The present DA will prove to be the same. They all protect each other. That is the GOB syndrome and sad truth in this county.

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  • Ken SteersApril 05, 2013 - 4:33 pm

    K, Are you really blaming the 27 year old girl? The 59 year old DA is responsible for his actions. You are 32 so I assume all the years you've know him wasn't when he was the DA. DA's are pillars of a community. Pillars of a community don't get arrested at 3 in the morning drunk with a woman less than half his age. K, think about it. If you were to try to date someone at your age with the same age difference as Lacey your date would be a newborn. Ick.

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  • Ken SteersApril 05, 2013 - 4:38 pm

    Oh Brother, What a horrible situation. Almost impossible to teach your son to respect the rule of law after living through that nightmare. Regarding the current DA being the same as Lacey? No resemblance what so ever. No way shape or form. Biggest difference? Common sense.

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  • oh brotherApril 05, 2013 - 4:53 pm

    Sorry Ken, but I am just not convinced of that with other situations I have observed with the current DA. Friends etc., that have had bad experiences with the present DA unfortunately and he seems to be a part of the GOB's and covers up for them. I'm afraid I am still pretty jaded and there won't be convincing me otherwise and I am not going to argue points with people. Just pay attention and listen to the people of our community. Listen to their stories and don't assume they are bad people just because they get arrested.

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  • KApril 05, 2013 - 5:14 pm

    I'm most certainly not blaming it all on the 27 year old girl. If you read my entire comment I mentioned that Gary is responsible for his own actions. All I'm saying is I've been around that girl and she is poison. However, it no way excuses Gary for the choices he made. The purpose of my comment is not to say Gary should be let off the hook. The purpose of my comment is to say that it's sad how people who are normally upstanding citizens can fall into these situations. Kimberly seeks out older men and latches on to them. She once made a statement that she was going to get all the old guys with money in EDH to take her on vacations and buy her things. Neither of them are innocent in this situation but I think it's only fair that her character is revealed as well.

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  • oh brotherApril 05, 2013 - 5:22 pm

    Well K, Mr. Lacy didn't give my son the opportunity to show what the girl he was involved with was about. Instead he scared the heck out of him and convinced him to "plead out" because the "girl" will always be pitied by the jury. Mr. Lacy's words and attitude. It was a horrible and unfair experience and Mr. Lacy had a lot to do with it. So don't waste your energy bad mouthing the girl because he showed no concern with other men in the same situation (except there wasn't a large age gap as Mr. Lacy and his girlfriend).

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  • KApril 05, 2013 - 6:22 pm

    Well, "Oh Brother" I'm sorry you feel like your son was somehow cheated by being prosecuted for BREAKING THE LAW. Plain and simple, your son BROKE THE LAW. Sex with a minor is AGAINST THE LAW. While I certainly would not choose to have a relationship with a man who is 32 years older than me, if I did, it would be completely legal, such as the relationship Gary has with Kimberly. People can say anything they want about it, and it's certainly not my cup of tea, but the difference between everyone else and how you are comparing it is that YOUR SON BROKE THE LAW and you're using a LEGAL relationship to compare. Gary hasn't been the DA since 2006 and I think maybe it's time that you let go of your anger of the situation and move on. Furthermore, just because Gary wasn't booked in jail does NOT mean he's not going to be prosecuted. I've seen many people arrested and not sent to the "drunk tank". Most of the time they release people with DUI's from jail around 630-7am and by the time they arrested him and did all the paperwork it was probably time to release anyway. The fact that he wasn't booked in County Jail does not mean he will not be punished for his actions. Again, I'm not condoning what he did, I think he should face the consequences for breaking the law. However, the fact that Kimberly is pure trash that also BROKE THE LAW should not be ignored.

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  • James E.April 05, 2013 - 6:26 pm

    Not to be a killjoy, but perhaps 18 year old sons should be reminded that sex (yes, even consensual) with a 16 year old female is statutory rape in California. Usually comes to light when the mother reports the matter to the police.

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  • James E.April 05, 2013 - 6:36 pm

    And, of course, when the mother meets with the DA concerning the matter (for two hours?), it doesn't mean the mother is having sex with the DA in his office. But, if so, hope he locked the door, pulled the blinds, and told his secretary to hold all his calls.

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  • oh brotherApril 05, 2013 - 8:02 pm

    Wow, yelling at me in caps, spreading bar gossip, making judgments/name calling, angry because he didn’t listen to you months ago. I’m glad you aren’t my attorney. Perhaps you work for the same firm as he and are worried about the bad publicity. We all recognize that she broke the law because she WAS arrested, charged and incarcerated. As far as statutory rape, only 11 states out of 52 have the age of consent at 18. That is not an excuse, just a fact. I am not denying my son breaking the law, it is just a law that most of us are not aware of. Especially with kids 18 still being in high school. Does that mean that every man that has had an intimate relationship when they were 18 and their gal was under 18 should step up and be charged with statutory rape? Really, let’s get real about the crime. It’s out dated and has been on the books for a long time. So James, ask your friends in your age group how many of them committed the same crime. If we want it to remain on the books and don’t find it outdated, we can go down the road of advertising, entertainment, movies, billboards, video games, internet etc, selling sex and we adults setting a bad example. We would be blogging on that subject for years. We as a society send very mixed messages, especially if it involves financial gain. The crime Mr. Lacy committed could have KILLED another human being and he wasn’t arrested; she was and wasn’t even the driver

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  • KApril 05, 2013 - 8:17 pm

    First of all, it's not bar gossip. It's fact. Second, did we not read the same article? He WAS arrested. By the way, when I type things in caps I'm not "yelling at you" I'm simply bringing attention to the point. Unfortunately there's no option to underline or bold anything I say. Just to clear up your suspicion, I do not work for the same firm he does, he is a sole practitioner, but of course that's just more speculation on your part. You seem to have unrealistic expectations of the law and frankly, you'd be a nightmare client so your "I'm glad you're not my attorney" dig doesn't really phase me. Since you're so hell bent on backing up the 27 year old, maybe you have some sort of obsession with her, I mean as long as we are speculating....

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  • Foaming at the MouthApril 05, 2013 - 9:28 pm

    Y'all give schadenfreude a bad name. Good thing none of us has ever embarrassed ourselves in pub(l)ic.

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  • James E.April 05, 2013 - 10:40 pm

    I am surprised that the public (at least parents) are not aware of statutory rape laws? Guessing that 18 year old men probably don't want to be aware of the law for their own reasons. Now, I've been requested to ask the older men on this thread whether they have committed statutory rape in their younger days. Come on fess up and report to the DA at 9AM on this coming Monday. Hey, don't try to hide behind that big tree by the DA's office, just get in line and stay there. Wait, if you broke the law when you were 18 years old and you are a man of advanced years, it's been so long that the statute of limitations apply so forget about reporting to the DA. The fact that only 11 states set the age of consent at 18 is meaningless if you committed the act in California. Perhaps the 18 year old should move to a state where the age of consent is 16. Until then, you're busted if you get an angry Mother in California.

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  • James E.April 05, 2013 - 10:57 pm

    ADDED: Did I, and my fellow 18 year old buddies know about "younger girls" back in the day? Yes, excuse my French but the term was jailbait and commonly used. Obviously this knowledge has been lost to Americans over the past 50 years. Hard to believe.

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  • BillApril 06, 2013 - 7:49 am

    Ooops. Yes, I remember being 18. Everyone knows that sex with a minor is called "rape". Feel free to disagree with the law, but we all know that it is illegal. ps-how can Oh Brother accuse someone of "name calling" if he never gave us his name?

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  • Justice InsiderApril 06, 2013 - 7:55 am

    Another interesting and unique set of circumstances for El Dorado County. Former DA shamed in the paper for a DUI, and two bickering ladies blogging. Lets set the scene, an observant deputy makes a vehicle stop suspecting DUI?, discovers a driver whom admittedly consumed alcoholic beverages. Deputy calls CHP for DUI evaluation due to his/her suspicion. (Good Job Deputy) CHP arrives and administered FST's, Lacy fails. Passenger in car somehow comes to the attention of the officers and is arrested for public intoxication. Lacy is "cited and released" at the scene. Now the questions; What, if any "admissible" test was preformed to evaluate his BAC? The CHP has a portable unit that measures BAC and records it for download later. (Not just the hand held Paz with no recordable data capture) Was this devise used? Lets assume the CHP would not just release Lacy with a citation for DUI and send him on his way. Who came to his rescue? Was that person identified in the CHP report? Will that report be made public? Does CHP have a DUI "cite and release" policy? Or is it just a selective decision? Who makes that call? How many others have avoided the DUI booking process? Was Lacy's drivers license removed from his possession, and a temporary 30 day paper license issued like all other arrest's for DUI receive? The reality; Did Lacy receive "special" treatment? maybe, however if the CHP officer captured the necessary data for proper prosecution, and made sure Lacy would no longer be a danger to other motorists and himself, the only thing he really got away with was paying $2500 to bail out of jail. He would get that back just for showing up in court. (No loss, no gain) Stay tuned, answers to the above questions could be very interesting.

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  • Nathan foltzApril 06, 2013 - 8:25 am

    Out of the thousand or so DUI arrest per year in the county how many of them do not go to jail? I understand some get injured so they go to the hospital but saying that "I've seen many people get arrested and not go to the drunk tank" sorry K but ya right back here on earth when a person gets a DUI they go to jail and they do not get released at 630 or 7. They get released after they pass a sobriety test and post bond it doesn't matter the time

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  • DB SmithApril 06, 2013 - 8:36 am

    I didn't know you could be arrested for public intoxication if you were a drunk passenger in a vehicle. What if you went out and had a few drinks then called a friend or cab for a ride home and it was stopped for an infraction? You as a passenger could be taken to jail? I guess I've been lucky so far.

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  • oh brotherApril 06, 2013 - 8:38 am

    My points were only; 1. That Mr. Lacy did not go to jail as the rest of us would have. 2. Do not plead out under pressure; go to trial in front of a jury of your peers, especially when you know you are innocent. The system is frightening and expensive but your record stays with you forever. This was many years ago and the girl/woman involved has since admitted that it was a lie but she doesn't want to get into trouble now. So jury trial in front of your peers is my advice, even though the financial cost is very high.. Justice Insider, you aren't sharing your name and also; I don’t believe that bail is refundable.

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  • EvelynApril 06, 2013 - 8:53 am

    If a passenger can be arrested for being intoxicated, what is the purpose of having a "designated driver"?

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  • Nathan foltzApril 06, 2013 - 8:54 am

    Bail is refundable only if the defendant post the full amount cash only to the jail and does not use a bondsman. Than after the bond has been exonerated the def will receive his money back

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  • James E.April 06, 2013 - 9:47 am

    DB, we don't know the specifics, but guessing when the car was stopped the passenger probably got loud and abusive towards the police and they arrested her for drunk in public or some such charge. Think no problem if you are in a cab or private vehicle and you just answer their questions and don't try to bite off their faces. Police like you to be polite and to comply. Always a good policy when you have to interact with police.

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  • James E.April 06, 2013 - 11:13 am

    Not germane to the DA and his girlfriend, but when I described recently Mr. Fred taking off when I yell "Run Mr. Fred, RUN!" I wasn't being descriptive enough. Get a visual of a fighter plane lifting off the runway with full after burners -- that's Mr. Fred. Little guy just astonishes me. Just over a month ago he was at death's door.

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  • ElaineApril 07, 2013 - 8:01 am

    Pay back is the way I see this. Gary was not an honest D.A. He was a scum bag and they should have booked him. He is no longer a public official, thank goodness. Gary has been drinking and driving for years..

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  • elaineApril 07, 2013 - 8:29 am

    Oh brother, he should have been booked just like any other citizen in this county. Favoritism is alive and well in EDC. Gary is a scum bag and he deserved to be booked.

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  • oh brotherApril 07, 2013 - 8:49 am

    And he did not care about the truth either. Just the wins and the easiest way he good get them. No integrity.

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  • pineApril 07, 2013 - 9:15 am

    Gary Lacy tends to have girlfriend problems: http://edcgov.us/Government/GrandJury/2002-2003_Grand_Jury_Report___Responses.aspx

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  • Amber AdamsApril 07, 2013 - 9:25 am

    A key component of the GOB that are now “most gone, disgraced, or dead.” Ken, you are always pointing the finger but most of your fingers are pointing back at you. You are the former Chairman of the EDC Republican Central committee; the key backer of Vern Pearson v. Gary lacy; the key backer of Craig Therkildsen v. John D'Agostini. All know that you are rich and have contributed over $50,000 to political campaigns. Some say that you used your money to “Buy” politicians. 1) You gave more money to the EDC Republican Central Committee then anybody can remember then became the Chairman. 2) You backed your friend Vern Pearson with huge $$$ contributions to defeat Gary Lacy. After you contributed to Mr Pearson’s campaign, the former friend of John D'Agostini changed his support during the Sheriff race. Even though Vern had said he would support D'Agostini for Sheriff he changed his tune when you called him. Money talks loudly. 3) You contributed more huge donations to Craig Therkildsen to mail out a series of hit pieces that were so over-the-top that many potential supporters were turned off by the negative attacks and voted for John D'Agostini instead. I guess your money took on a shrill tone that time and drove people away. Fortunately the county now has a well respected Sheriff with broad-based support among the community and that is NOT one of your GOBs. 4) It is common knowledge that you have employed the Vern Pearson’s children. 5) It is common knowledge that you have the D.A. Vern Pearson on speed dial and that he come to all of your events and sits next to you. Many people think that when you tell our D.A. To jump, he simply asks, “How High?” 6) There is a building consciences that the D.A. Uses his office to fulfill political favors rather then serving fair & equal justice to all of the citizens of our county. Thank goodness that you, an unelected, fat-cat, back-room political handler don't have both our D.A. And Sheriff in you pocket. Now lets get back to your statement, “most of the key components of the GOBs are now gone, disgraced, or dead.” Ken, hundreds of people on the sidelines are asking why you are spending so much money in politics in El Dorado County (could it be you don't want you lucrative air cargo operations that bring low flying aircraft over the county interrupted?). Why you refer to the GOBs as something bad when you are GOB #1 in the county. We have 180,000 people in the county and only a handful are involved in politics. That makes you at the top of the list when it comes to back-room power and paid-for access. There are hundreds of people out there that question whether the D.A. Vern Pearson serves the people of El Dorado County, or if he serves as a political pit bull for GOB #1, Ken Steers. This is a question that will be put to the next El Dorado County Grand Jury and to the California Attorney General.

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  • James SmithApril 07, 2013 - 2:34 pm

    Just because inquiring minds want to know http://goyetteassociates.com/our-firm/attorneys/gary-l-lacy/

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  • Walking TallApril 09, 2013 - 4:58 am

    Whatever happens here in this case we the public won't ever know the reason for the treatment of Gary Lacy, as opposed to any other citizen. The fact remains that he wasn't booked and did not have to post bail nor stay in jail until sober. The risk to innocent people was there as he drove drunk as was evident by the "Failed Soberity Tests". The decision to allow this type of treatment I quess lies with the "Arresting Officers", however special treatment was given and he was given an out when none of us would have been given that option. It doesn't pass the smell test and when Gary Lacy is involved it has never passed this test, all too often when a public offical or past one are involved we see this and it causes us to distrust the system and those in it. Just do the job well and leave out the GOB faviors and special treatment and we wouldn't distrust but believe and have faith in our legal process and maybe have respect for it. "What we have here is a failure to communicate", and the result is not only wrong but smells of a cover up just like Gary's involvement in other cases and prior convictions. We can only hope that Justice is swift and he pleads out and gets his punishment/help he needs....

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  • Go FigureApril 13, 2013 - 11:25 am

    Not a surprise from the Barker/Neves days. Mr Lacey, you WILL get what you deserve. But I know how it works with slime like you, you can outrun justice my man but you cannot outrun karma.

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