Man sentenced to jail time for felony DUI

A judge sentenced a 56-year-old man to 90 days of jail after he was found guilty at trial for two felonies and a misdemeanor.

William C. Finch, who was living in Lewiston, was found sitting in the driver’s seat of his car and while he was being handcuffed for a DUI offense, he kicked the officer and refused to comply with orders. It was Finch’s third DUI offense and therefore he was charged with felony DUI, and he was charged with felony battery on a law enforcement officer and resisting or obstructing arrest, a misdemeanor. A trial took place in July and he was found guilty of all three charges, according to court documents.

Evans sentenced Finch on Thursday at the Nez Perce County Courthouse to 2-7 years for the DUI, 2-5 years for the battery and 60 days for the resisting and obstructing charge along with credit for one day served with all the sentences to run concurrently. She suspended the sentences for the two felonies — the DUI and battery — and placed him on probation for seven years as well as imposing jail time.

“Mr. Finch, I am going to take a chance on you,” Evans said.

Evans authorized Finch to be allowed on work release during his jail sentence. He was also given 30 days of jail time at the discretion of his probation officer. Finch was ordered to pay a $1,000 fine, $693.50 in court costs and $241 in restitution to Idaho State Police. Evans suspended Finch’s license for three years along with ordering an interlock device on his vehicle when he is allowed to drive.

Evans warned Finch that if he had a probation violation she was going to send him on a rider program to receive treatment through the Idaho Department of Correction.

“Don’t blow it,” she said.

Nez Perce County Chief Deputy Prosecutor April Smith requested that Finch be sentenced to prison with 3-10 years for the DUI, 3-5 years for the battery charge and 180 days jail for the resisting and obstructing charge, and asked that he be given retained jurisdiction. She outlined that Finch had a criminal history with similar charges, involving DUI and resisting arrest, and had probation violations, including in this case.

“He puts himself, the community and officers at risk when he drinks,” Smith said.

Finch’s defense attorney, Paul Clark, noted that Finch wasn’t driving his vehicle in this case. Clark also said that Finch has been improving on probation and has housing, employment, family support and he volunteers. He highlighted that Finch has participated in treatment and is receiving counseling. Clark said that Finch apologized at the trial and also sent an apology letter to the officer in the case.

“He is trying to get away from this thing he’s addicted to,” Clark said.

Finch addressed Evans in the courtroom and admitted he has an alcohol problem, but was doing better despite his mistakes. He told Evans that his resisting arrest charges all involved alcohol and that he wasn’t planning to drive when he received the DUI. He wanted the opportunity to continue to improve on probation.

“I am asking for the mercy of the court,” Finch said.

Evans noted that it was Finch’s first felony and that almost all his charges involved alcohol. She said that in addition to his alcoholism he had a problem with authority and was entitled, but the fact he had housing, family support and work were in favor of avoiding a prison sentence.

She also told Finch that she took his charges very seriously, including the battery on a law enforcement officer who was just doing his job. She said that DUIs can be one of the “most heinous” crimes she has to deal with because of the potential for it to harm another person. She said Finch has been fortunate that this case didn’t lead to that.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.