Friday, September 9, 2011

Prosecutor will ask jury trial for Sen. Holland

Posted by Max Brantley on Fri, Sep 9, 2011 at 8:53 AM

JURY TRIAL: Prosecutor says jury would hear appeal from Fireball Holland.
  • JURY TRIAL: Prosecutor says jury would hear appeal from Fireball Holland.
Prosecuting Attorney Larry Jegley of Little Rock, whose office covers Perry County, says his office will ask for a jury trial if Sen. Bruce "Fireball" Holland follows through with his vow to appeal convictions Thursday in Perry District Court for fleeing a deputy who was chasing him for speeding.

Holland was convicted of fleeing, unsafe passing and speeding. Holland has admitted speeding, but denies unsafe passing (despite eyewitness testimony of other drivers) and insists he was unaware of pursuit by Deputy Ray Byrd. Byrd said he chased Holland through two counties over more than 18 miles of state highway at speeds of more than 100 miles an hour before he was finally stopped in Yell County. Byrd was in an unmarked pickup with flashing blue lights but was not using a siren.

Jegley said Holland's 400 hours of community service and an $890 fine were substantial penalties, but he said if the prosecution had been asked for a recommmendation, it would have recommended the standard sentence for such violations. He said a typical sentence for fleeing an officer would be 10 days in the county jail.

Jegley said the prosecutor's office is not likely to plea bargain. "It's our general policy not to compromise down from district court sentences because it would guarantee thousands of circuit court appeals every year," he said.

Would a Perry County jury be friendly to Holland and tend to disbelieve the account of the local lawman? There's this: Byrd will appear before a jury pool unlikely to hold many grudges for his traffic enforcement. He's reportedly written only one other traffic ticket in four years as chief deputy.

Holland has contended he's a stickler for punctuality and was in a hurry in his Nissan 350Z to get to a meeting in Van Buren. What about it drivers? Don't you think a faster route from Little Rock would have been via Interstate 40, rather than the narrow, sometimes twisty and community-dotted route on state Highway 10 south of the Arkansas River? The back roads are appealing, however, to sports car drivers and motorcyclists who like to test their skills, Thunder Road-style.

Democratic Party says Holland should man up and do his time. It adds his name to a list with Bourbon and Bacon Biviano and FOI-flouting Secretary of State Mark Martin (and they could have mentioned that state rep. who slipped into office despite a hot check conviction) who are resisting accountability for misdeeds.

DEMOCRATIC PARTY NEWS RELEASE

Republican State Senator Bruce Holland announced yesterday he plans to appeal a conviction that found Holland guilty of fleeing a police officer and other charges, escaping his legal responsibility and causing Arkansans to question whether his Republican colleagues agree that Holland should continue to flee his responsibilities.

“Holland has joined his Republican co-horts, like Mark Martin and Mark Biviano who think they are above the law and have ignored accountability for their actions,” Candace Martin, communications director for the Democratic Party of Arkansas said. “Holland blatantly ignored law enforcement and now says he shouldn’t be held accountable because he didn’t see the officer — that doesn’t make his actions any less illegal or reckless. Holland should comply with the sentence, and his Republican colleagues must urge him to show greater respect for the law.”

Perry County District Court found Holland guilty of fleeing a police officer, improper passing, and careless driving on Thursday and sentenced Holland to 400 hours of community service and $890 in court costs. The incident occurred January 24; Holland was speeding and a police officer pursued Holland for 16 miles until Holland was finally stopped by officers in a neighboring county.

The Perry County Judge said of the case, “the only reason someone wasn’t killed that day was probably luck.” (Arkansas Democrat-Gazette, 9/9/11)

“It’s time for Republican officials in Arkansas to come clean with the people of Arkansas and accept responsibility for their actions,” Martin continued. “Arkansans value those who fulfill their responsibilities and obligations, but Republicans like Bruce Holland continually show they don’t share those values.”

Holland has maintained that he did not see a Perry County sheriff deputy pursuing him for speeding during the January 24 incident, although the police officer pursued Holland with flashing lights for 16 miles. Holland was driving at dangerously high speeds at the end of the school day when children were on their way home.

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Let's water board him until we get the truth.

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Posted by government_cheese on 09/09/2011 at 9:36 AM

I met Holland once during the last legislative session, shortly after this speeding/fleeing incident. We did not speak of the incident, but after our conversation I was left with the question: How did the fine people of Sebastian County send such a dufus to the state senate?

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Posted by HolyGuano on 09/09/2011 at 9:54 AM

“Holland … denies unsafe passing (despite eyewitness testimony of other drivers) …”

Convincing testimony like this, as reported by Andy Davis in this morning’s ArkD-G:

“Sue Turner, who lives near Perryville, testified that she was headed east on the highway, near Arkansas 155, when the Nissan passed her car and two other vehicles in a no-passing zone, then zipped past a logging truck in front of her on a bridge just before a curve. ‘It terrified me,’ Turner said. The Nissan, she said ‘was just like a rocket.’”

I’m with PA Larry Jegley. I’d have sought 10 days in the slammer. However, the 400 hours of community service is a sobering one that will result in much more than a little heartburn for the not-so-honorable Sen. Holland.

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Posted by Durango on 09/09/2011 at 10:15 AM

The photo tells you all you need to know.

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Posted by Arkie on 09/09/2011 at 10:41 AM

Maybe if Holland keeps up he'll wind up getting the death penalty? He's proof Republicans respect no laws and go nuts when told NO. How about a televised jury trial?

Dear readers, you must understand, as bad as Fort Baptist is, Greenwood is worse. Holland's lawyer and his wife have seen to that over the last 20 years. Greenwood is Fort Baptist's white flight bedroom community, you see and if you want to really have fun, Google up the endless fighting that goes on in and around the Greenwood city hall. It's like a little bit of Texas just south of where I'm typing.

Unfortunately, if HolyGuano will Google, he'll find out that Sebastian County has a long rich history of sending horrible people to the Arkansas legislature. Some of the dumbest and most criminal legislators in Arkansas history come from my area. If it says (r) Sebastian County on their name tag...keep walking or you might get sent back to Africa.

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Posted by DeathbyInches on 09/09/2011 at 10:51 AM

Kudos to Jegley for calling Holland's bluff.

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Posted by ND '75 on 09/09/2011 at 10:57 AM

I have driven Highway 10 through Pulaski, Perry and Yell Counties for about 45 years. There was a period of time I drove it every day for two years. It goes without saying, I know this road as well as the back of my hand. I used to tell people I could drive it in my sleep, but of course, I never tried it to see if that was actually possible.

When this story first broke, I thought someone had their facts wrong. There are very few areas where you could actually reach 100 mph without losing control on the sharp curves, and the few straight stretches where you could actually reach 100 mph, it couldn’t be sustained for very long.

Along this drive, it is not uncommon to see people walking beside the highway or trying to cross it, dogs camped out in the middle of the road, livestock that have escaped their fences wandering along the highway, houses close to the road with children playing in the yards, ATVs or tractors on the highway moving from one farm to the next, many log trucks or chicken trucks loaded to capacity, and the general population of the area in assorted vehicles traveling to work or school or running errands. There are many areas where 40mph would be the MAXIMUM safe speed for anyone to drive.

If you have plenty of time and want to see rural Arkansas in its “natural state”, I would definitely recommend this route on a lazy afternoon when unexpected delays and narrow winding roads will not be a negative factor. But I NEVER drive this route at night because of all of the factors mentioned above, plus the fact that cell phone service is spotty, if existent at all, in many areas along the route.

I continue to make multiple tripe to the airport each month, but I usually take I40 because I feel it is safer. And even though it if a little further distance-wise, I can often make better time because I can maintain a consistent speed and don’t have to worry about the hazards I would often encounter driving the rural 2-lane Highway 10.

How this man drove 18 miles along Highway 10 without ever once looking in his rearview mirror is unbelievable. That simply did not happen! Maybe that big ole joke of a 10-gallon hat got in the way or something. But there are multiple passing lanes in the mountains of Perry County where you MUST check your mirror to see if another vehicle is coming up on your right or left when merging back onto the two-lane area.

I am so grateful I had not chosen to drive Highway 10 that day, but my heart goes out to those who did, and those who live along the route where Mr. Holland was driving. He put himself, the law enforcement officers involved in his pursuit and all of the people along the way in danger.

This is a man who makes our laws. I strongly suggest he begins to follow them!

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Posted by mountaingirl on 09/09/2011 at 11:02 AM

that 400 hours would be the most public service this "public servant" ever does

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Posted by atm on 09/09/2011 at 11:08 AM

How many attempted murders was that?
Thank the law that vehicular manslaughter
is still the God given right of the upper class.


“The best car safety device is a rear-view mirror with a cop in it.”
Dudley Moore

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Posted by Zatharus on 09/09/2011 at 12:49 PM

He was trying to outrun a cop and did not succeed. What would have happened had a teenager tried that?

I hope he does time.

Typical Republican. No respect for anyone or anything but his own desires.

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Posted by ChildeRolandReturneth on 09/09/2011 at 1:00 PM

Well Now, isent this something.!!
As an ex law enforcement officer with over 40 years in two law enforcement agencies my opinion is that he got off way 2 easy.

Maybe if it does go back to court the penalties could be reversed and he will end up with what he should have gotten in the first place

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Posted by fjm347 on 09/09/2011 at 3:05 PM

1. Okay, first I say fry the stupid Legislator, I'm with ya'll on that, but what about the cop?

2. What was so important about the speeder that made it necessary to double the risk by having two(2) speeding cars?

3. Could the Deputy not simply jot down the guy's tag number, or if he had special tags even better then just report it later.

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Posted by Michael Scott Dalton on 09/09/2011 at 11:31 PM

Doesn't Fireball look conspicuously like Joe Bob Briggs?

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Posted by nimnod on 09/10/2011 at 11:42 AM
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