Bradford R. Fenocchio
PLACER COUNTY DISTRICT ATTORNEY
10810 Justice Center Drive, Suite 240
Roseville, California 95678
For Immediate Release
Date: June 23, 2010
Public Information Officer
Assistant District Attorney
PLACER SHERIFF’S DEPUTY ADMITS TO VIOLATING PROBATION
IN DUI CASE, BUT JUDGE WON’T IMPOSE FURTHER JAIL TIME
A Placer County sheriff’s deputy admitted today that he violated probation in March by getting drunk again after he’d been sentenced to a 45-day jail term for driving under the influence, but a judge decided not to give him further jail time.
The attorney for Deputy John Caliguire told the judge that his client has served his original 45-day jail sentence, undergone an in-patient rehabilitation program and faithfully attended Alcoholics Anonymous meetings since his rearrest on March 24.
“He’s done everything the court would want him to do,” attorney Thomas Leupp told retired visiting Judge Angus Saint-Evens in a Placer County courtroom.
Caliguire, 48, a longtime bailiff in the Placer court system, spoke to the court, apologizing to the judge for not having adhered to conditions of his probation, which includes refraining from alcohol.
“I do accept full responsibility for my actions and I accept whatever the court will impose,” he said while acknowledging that he is seeking help for his alcohol problem.
Although expressing disappointment in Caliguire for violating probation, Saint-Evens was pleased that the defendant had taken steps over the past three months to deal with his drinking.
“The steps you have taken are encouraging,” he said.
The judge could have sent Caliguire back to jail for another 45-day sentence to fulfill a suspended jail term meted out on Feb. 26. But he opted to reimpose the conditions of the three-year probation and added a new requirement that the defendant attend five Alcoholics Anonymous meetings per week.
Caliguire was first arrested for a DUI on Nov. 7, 2009, after police in Rocklin spotted him driving erratically and pulled him over.
On Feb. 26, Caliguire entered a plea of guilty to a misdemeanor DUI charge and Saint-Evens placed him on probation, ordered him to serve 45 days in jail and suspended an additional 45 days in jail.
But on March 24, Caliguire showed up for his bailiff duties intoxicated and was arrested again before bailing out of jail. On May 10, he began serving his original 45-day sentence in the El Dorado County jail.
Prosecutor Clark Gehlbach of the Placer County District Attorney’s Office tried to convince the judge today that the suspended 45-day jail sentence should now be imposed.
However, the judge said he was pleased that Caliguire was now taking the steps necessary to beat his problem. “I’m not going to impose any further jail time,” he said.
Gehlbach said the suspended 45-day jail term remains as potential incarceration if Caliguire should again violate probation.