A man convicted in 2002 of leading police on two car chases through Burleigh County has had his probation revoked for the second time.
South CentralDistrictJudge Sonna Anderson resentenced Brian Hemphill, 28, to five years in prison with credit for time served. Hemphill has served about three years previously for the felony reckless endangerment and possession of stolen property convictions, Burleigh County Assistant State's Attorney Julie Lawyer said.
Hemphill led authorities on two car chases in March 2002 after he failed to return to the custody of the McLean County jail, where he was being held on burglary charges. He had been released for 12 hours to attend his grandfather's funeral. He was caught after driving off the road to avoid road spikes and hitting a rock.
Hemphill was sentenced to five years with three years suspended in July 2002, then was resentenced to five years with two years suspended and credit for time served after his probation was revoked for the first time in December 2006.
Hemphill admitted Thursday to seven violations of his probation, which included being convicted of six new crimes in Jamestown and Stutsman County. The seventh violation was for not paying restitution since January 2005.
Lawyer, sitting in for Assistant State's Attorney Justin Schwarz, recommended Hemphill serve the remainder of his sentence on the charges. She said his failure to pay restitution showed he was not likely to succeed if given another chance on probation.
Wayne Goter, Hemphill's appointed defense attorney, said Hemphill is slated to be moved to Rugby to begin an intensive inpatient treatment program. Giving him a longer sentence than he is serving already for the Jamestown and Stutsman County offenses could keep him from starting the treatment, Goter said.
He said Hemphill has been a polite client, and his problems seem to stem from alcohol use.
Hemphill told Anderson he wants to get started in the treatment program as soon as possible.
"I just want to get this done and behind me," he said.
(Reach reporter Jenny Michael at 250-8225 or jenny.michael@bismarcktribune.com.)
Posted in Local on Thursday, May 1, 2008 7:00 pm Updated: 2:28 pm.
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