East Texas

By DAYNA WORCHEL
Staff Writer

A Smith County jury found a Lindale man guilty of his third driving while intoxicated offense on Tuesday in Judge Jack Skeen Jr.'s 241st District Court.

Michael Gene Rose, 68, faces between two and 10 years confinement in state prison, is probation eligible, and could have to pay up to a $10,000 fine, said Smith County Assistant District Attorney Joe Murphy. The offense is a third degree felony, he said.

Rose was found to have a .146 blood alcohol level in his system after taking a breathalyzer test at the scene of an accident he caused in November of 2008 at Loop 323 and U.S. Highway 69 north in November of 2008. The minimum acceptable alcohol level limit in Texas is 0.08 before someone is considered to be legally intoxicated.

The other driver in the accident was not intoxicated, Tyler Police Officer Lori Cook testified on Tuesday. Officer Cook testified that at about 6:50 p.m., she was dispatched as a back-up officer to that location and observed Rose walking unsteadily and smelling of alcohol.

Murphy said he will call a rebuttal witness on Wednesday morning after testimony from Rose's wife, Martha Skinner in the punishment phase of the trial on Tuesday afternoon.

In response to questioning from defense attorney Ronnie Van Baugh, Ms. Skinner testified on Tuesday about Rose's numerous fund raising and charitable events, including his service as the commander of the American Legion Post in Tyler. She said he has organized a charity golf tournament each year to raise money for a special challenger division in the Rose Capital East Little League. The league is opened to children with mental or physical challenges who cannot play in competitive baseball leagues, according to the Rose Capital East website.

In closing arguments, Murphy told the jury that just because the trial has not been long, does not mean that it is not important. "The evidence shows that the defendant was intoxicated -- based on the video and other evidence, would you want your loved one riding in the car with him?"

Testimony continues in the punishment phase of the trial on Wednesday. Smith County Assistant District Attorney Guy Conine served as co-counsel with Murphy.

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