PHIPPSBURG, Maine — A 36-year-old Phippsburg man convicted in 1994 for manslaughter and aggravated operating while under the influence was sent back to prison for at least another eight years after his third OUI conviction since the crash that killed a Woolwich man 16 years ago.
Samuel Burgess III of Phippsburg will serve at least another eight years in prison, Sagadahoc County District Attorney Geoffrey Rushlau said Friday. If Burgess violates conditions of probation during the three years after his release, he could face another seven years behind bars.
Burgess was sentenced Wednesday for a Sept. 18, 2010, arrest in Phippsburg during which he was charged with Class B operating while under the influence, operating after license suspension and unauthorized use of a motor vehicle, according to Rushlau.
Sagadahoc County Superior Court Justice Andrew Horton also revoked Burgess’ probation for a 2009 OUI conviction and ordered him to serve the remaining six years — which previously were suspended — of that original prison term.
In addition, Horton sentenced Burgess to nine years for the 2010 OUI conviction. Two years of that sentence will be served after the completion of the six-year term, with the remaining seven years suspended.
Describing Burgess’ driving record as “appalling,” Rushlau said, “I don’t think you see people with this kind of a record elsewhere — manslaughter, the most serious driving offense there can be, followed by a series of OUIs.”
In 1994, Burgess was convicted of manslaughter and aggravated OUI for a 1993 crash in Woolwich that killed a 19-year-old Bath man and seriously injured a Woolwich man. Burgess was sentenced to six years in jail with all but nine months suspended for the crimes, four years of probation and a five-year license suspension, according to The Times Record archives.
“Since 1994, he has been convicted of felony OUI three more times: In 2004, 2009 and now in 2011,” Rushlau wrote. “Each OUI offense was classified as more serious because of the manslaughter conviction.”
At Wednesday’s hearing, Assistant District Attorney Patricia Mador and probation officer Patrick Gagnon testified about Burgess’ history and prospects for rehabilitation, according to Rushlau, “and the justice clearly understood how dangerous Burgess has been to the public for many years. In the past, Burgess has been given the opportunity to change his behavior … he has rejected those opportunities. The court had every reason to impose a long prison term on a man with a history of extremely dangerous driving.”
But Burgess’ attorney, Seth Levy, said Friday that while the state pushed for punishment — and he and his client accepted that punishment as appropriate — “we just didn’t want a sentence that was so long it would remove any motivation on his part to get help.”
“I don’t think there were any surprises that the court would impose a lengthy sentence, but the question was what room would the court allow for rehabilitation,” Levy said. Burgess has acknowledged that he struggles with addiction, Levy said, and was receiving treatment, but that followed “many years of denial and not getting the treatment he needed.”
The overall sentence, Levy said, was less than the state asked for but more than he and Burgess hoped would be imposed.
“Hopefully, Sam will still get help,” Levy said. “He needs it.”
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