Tyler

By DAYNA WORCHEL
Staff Writer

A Smith County jury sentenced a Lindale man to eight years in prison Wednesday and assessed a $5,000 fine after they found him guilty Wednesday of his third driving while intoxicated offense today.

Michael Gene Rose, 68, who had pleaded not guilty to the charge of driving while intoxicated, will have to serve at least four years of the sentence before he is eligible for parole, according to information presented in court. The sentencing took place in Judge Jack Skeen Jr.'s 241st district court.

The charge also included the fact that Rose used or exhibited a deadly weapon, in this instance, a motor vehicle capable of causing death and serious bodily injury.

Rose faced between two and 10 years confinement in state prison, and up to a $10,000 fine. The offense is a third degree felony, Smith County Assistant District Attorney Joe Murphy said on Wednesday.

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

The other driver in the accident was not intoxicated. Tyler Police Officer Lori Cook testified on Tuesday that she was called to the scene of an accident as back-up dispatcher where she observed Rose walking unsteadily and smelling of alcohol.

Smith County Assistant District Attorney Guy Conine served as co-counsel with Murphy, and Ronnie Van Baugh represented the defendant.

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