February 9, 2004
The toughest sentencing decision facing First District Judge Steven Verby February 6 came with the case of State of Idaho versus Torry Pope, 33, Spokane, who pled guilty to felony injury to a child December 9, 2003.
At about 9:04 p.m. August 31, 2003, Pope was arrested on a charge of DUI after he crashed his truck on Hunt Creek Road in northwest Boundary County, injuring his two daughters. According to reports, Pope was driving down the mountain and his wife argued that he was too intoxicated to drive. Rather than stop as she pled him to, he sped up, hit the brakes several times and lost control of the vehicle, rolling several times. He was initially charged with two counts of felony injury to a child, one for each of his children, and driving a vehicle without permission.
During sentencing, Boundary County prosecutor Jack Douglas agreed that this was a tough case because the injuries were to his own children, and were caused by alcohol-induced reckless behavior and not by intent. While the case merited jail time, he told the judge that there were mitigating factors that should be taken into consideration. He recommended retained jurisdiction, where the defendant serves a six-month program at Cottonwood. If the defendant successfully completes the program, the judge may then release him on probation.
During the sentencing hearing, Pope’s wife testified that she and her daughters, both of whom made full recoveries, loved him and wanted their dad to be home, not in jail. She said Pope was remorseful over what had happened, and after the accident, had gone to get help, running down the mountain for several miles.
Despite his remorse and the family’s concern that he was their sole source of support, Pope’s wife agreed that he needed anger management and parenting classes.
Pope’s attorney, public defender Ken Stone, recommended probation to allow Pope to continue working and support his family.
In rendering his decision, Verby found merit on both sides. He handed down a sentence of two to four years in prison, suspended, and placed Pope on four years supervised probation, and also ordered that Pope serve 60 days in the Boundary County Jail, on weekends so he could continue working. He was also ordered to undergo anger management and parent counseling.
Douglas agreed the decision was sound.
“This decision was a wise use of f the power to jail to help encourage reform by the defendant and to protect his family at the same time,” Douglas said. “I am glad Mr. Pope can keep his job during the week and serve his obligation to society on weekends. My hope is that he will look inward in the next year or two and discover the inner strength to change and live the life he could live and the life his family has a right to expect him to live.”