The Palestine Herald, Palestine, Texas

Local News

December 12, 2013

Palestine man gets 20 years for felony DWI

PALESTINE —

A 45-year-old Palestine man was sentenced to 20 years in the Texas Department of Criminal Justice for felony driving while intoxicated by District Judge Deborah Oakes Evans during a sentencing trial Monday at the Anderson County Courthouse.

According to District Attorney Doug Lowe, Robert Fitzgerald Clayton’s sentence was the maximum possible length and followed a jury finding Clayton guilty of DWI during a trial on Sept. 11.

Evidence presented by the district attorney’s office Monday showed that Clayton was previously sentenced to seven years in prison in September 2010. The defendant's parole officer, Kristi Kusch testified that Clayton was paroled from prison in November 2011.

The arrest that resulted in that 20-year sentence occurred on Dec. 12, 2012, when Palestine Police Department Corporal Matthew Kerr was patrolling near Taco Bell on Crockett Road just outside of Loop 256 and heard what sounded like a car crash.

Kerr radioed that he was headed to the JJ’s convenience store next to Taco Bell, where he believed the wreck had occurred.

Kerr and PPD Officer Justin Carlson, who also was patrolling in the area, arrived at JJ’s at about the same time and found Clayton standing outside of his 2000 Ford Explorer, which had collided with a post in the store’s back parking lot.

Clayton, who had locked himself out of the vehicle with the motor running, admitted to officers that he had been driving the vehicle, but told them that he had only had two beers.

“After doing field sobriety tests the officers determined that Clayton was probably intoxicated and arrested him for the DWI,” Lowe said. “Blood drawn from Clayton at the Anderson County Jail by a phlebotomist showed a blood alcohol level of .205 – over 2.5 times the legal limit of .08.”

During the September trial, First Assistant District Attorney Stanley Sokolowski and Lowe represented the State of Texas, with Assistant District Attorney Scott Holden presenting the evidence in Monday’s sentencing hearing. Clayton was represented by local attorney Scott Nicholson.

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