Having never heard about the defendant's six prior convictions related to drinking and driving, a Cayuga County jury cleared a Syracuse man of felony driving while intoxicated on Wednesday.
Kriss R. Kissell, 40, was convicted on the less serious charge of driving while ability impaired. That finding elevated another conviction - aggravated unlicensed operation - into a felony. Kissell was also found guilty of failure to comply and failure to keep right.
“This defendant will never stop drinking as long as he continues to drive,” Cayuga County District Attorney James Vargason said in a press release after the trial. “We intend to ask the court to impose the maximum sentence allowed under the law and to take this repeat offender off the streets.”
That maximum sentence would be 1 1/3 to 4 years in prison. His sentencing is scheduled for May 11, and he is being held in Cayuga County Jail.
Kissell had been out of jail on a prior DWI conviction less than two months when the latest incident took place.
Being guilty of DWAI means that the consumption of alcohol had “the slightest effect” on the physical and mental abilities used in driving, Judge Peter Corning told jurors when they asked for distinction during deliberations. DWI involves the higher burden of proof of incapacity, he said.
Authorities said he was driving his truck erratically on Route 31 in the Port Byron area when he was spotted by Cayuga County Sheriff's Deputy Matthew Hare.
Hare attempted to pull him over but Kissell did not stop, leading him through downtown Weedsport and toward Onondaga County.
Two more sheriff's patrol cars joined in the pursuit, in which Kissell drove as fast as 75 mph. He was finally stopped at a dead-end road in Warners.
He fled on foot but was caught in a swampy area. He refused to take tests to determine his intoxication level.
Kissell said he was not intoxicated at the time.
Kissell was convicted of felony DWI in February 2005, August 2000 and July 1996.
He also was convicted of misdemeanor DWI in 1993, and DWAI violations in 1990 and 1989.
Assistant District Attorney Diane Adsit, who prosecuted the case, was disappointed the jury decided against another felony DWI conviction.
She said the felony DWI law prevented her from disclosing the prior convictions to the jury.
“Jurors don't particularly care for it after the fact,” she said.
However, Adsit was pleased that the jury came back with convictions that could still lead to prison time when he is sentenced next month.
Kissell's attorney, James Leone, could not be reached for comment Wednesday.
“This defendant will never stop drinking as long as he continues to drive,” Cayuga County District Attorney James Vargason said in a press release after the trial. “We intend to ask the court to impose the maximum sentence allowed under the law and to take this repeat offender off the streets.”
That maximum sentence would be 1 1/3 to 4 years in prison. His sentencing is scheduled for May 11, and he is being held in Cayuga County Jail.
Kissell had been out of jail on a prior DWI conviction less than two months when the latest incident took place.
Being guilty of DWAI means that the consumption of alcohol had “the slightest effect” on the physical and mental abilities used in driving, Judge Peter Corning told jurors when they asked for distinction during deliberations. DWI involves the higher burden of proof of incapacity, he said.
Authorities said he was driving his truck erratically on Route 31 in the Port Byron area when he was spotted by Cayuga County Sheriff's Deputy Matthew Hare.
Hare attempted to pull him over but Kissell did not stop, leading him through downtown Weedsport and toward Onondaga County.
Two more sheriff's patrol cars joined in the pursuit, in which Kissell drove as fast as 75 mph. He was finally stopped at a dead-end road in Warners.
He fled on foot but was caught in a swampy area. He refused to take tests to determine his intoxication level.
Kissell said he was not intoxicated at the time.
Kissell was convicted of felony DWI in February 2005, August 2000 and July 1996.
He also was convicted of misdemeanor DWI in 1993, and DWAI violations in 1990 and 1989.
Assistant District Attorney Diane Adsit, who prosecuted the case, was disappointed the jury decided against another felony DWI conviction.
She said the felony DWI law prevented her from disclosing the prior convictions to the jury.
“Jurors don't particularly care for it after the fact,” she said.
However, Adsit was pleased that the jury came back with convictions that could still lead to prison time when he is sentenced next month.
Kissell's attorney, James Leone, could not be reached for comment Wednesday.
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