STEPHAN R. PASSALACQUA
SONOMA COUNTY DISTRICT ATTORNEY
Press Release
FOR IMMEDIATE RELEASE
Date: April 15, 2008
| Contact person(s): | Media Coordinator, Donna Edwards - 565-3099 |
Santa Rosa, Sonoma County, California
COUNCILWOMAN KELLEY PLEADS NO CONTEST TO ALCOHOL RELATED DRIVING AND REACHES A CIVIL COMPROMISE WITH VICTIM IN VANDALISM CASE FOR DISMISSAL
Sonoma County District Attorney Stephan Passalacqua announced today that Linda Kelley concluded both of her pending criminal matters today by entering a plea in one case and reaching a civil compromise with the victim in the second.
District Attorney Passalacqua stated, “This was a fair resolution and it holds her accountable for her actions.”
Ms. Kelley entered a plea of “no contest” to driving recklessly while under the influence of alcohol. Ms. Kelley was stopped by a Sheriffs Deputy on May 20, 2007. It was later determined that Ms. Kelley’s blood alcohol level was .09%. Judge Dana Simonds imposed a sentence of two years court probation and a $720 fine. Kelley had shown recent proof of completing the first time drinking and driving program that Judge Simonds had ordered.
In a separate case, Ms. Kelley was charged with vandalism arising out of a allegation that she scratched a truck that was parked on a residential street in Sebastopol on August 5th, 2007. Last week a jury was unable to reach a verdict in that case, however they concluded with a 9-3 vote for guilty. The vandalism case was dismissed after Kelley and the victim reached a civil compromise.
A civil compromise is an agreement between the defendant and the victim for payment of funds to the victim in exchange for the victim’s request of the District Attorney’s Office to dismiss criminal charges. The District Attorney’s Office is not a party to the “civil compromise” but has absolute discretion to agree to dismiss charges or to deny the victim’s request and continue with prosecution. The District Attorney’s Office will authorize a compromise if the compromise is in the “interests of justice” and the victim is made whole. The District Attorney’s Office is satisfied that this compromise serves the best interests of the community and the Victim will be made whole by Ms. Kelley’s $500.00 payment.