This is an archived article that was published on sltrib.com in 2011, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Ephraim • For being 19 years old and having two cans of beer and a half-bottle of Amaretto in her refrigerator, Jaden Jackson expected a fine and maybe some community service.
"We finally went to court and it was 10 times worse than I expected," Jackson said. "I wasn't expecting jail time."
Jackson, then a freshman at Snow College who had no criminal record, received two days in the Sanpete County Jail. Many other 18-, 19- and 20-year-olds have been there for the same offense.
Unlike other parts of Utah, jail is the norm for underage adults caught with alcohol in Sanpete County, even if they weren't drunk or drinking the booze. And because the county is home to 3,700-student Snow College, young adults from across the state are experiencing stays behind bars.
"They made it sound like if we plead guilty they'd go easy on us," said Rhett Crimin, a Snow College student from Kaysville. "That was a lie."
Being underage and drinking or possessing alcohol is a Class B misdemeanor in Utah, meaning the penalties can be up to six months in jail and a $1,000 fine.
But in a sample of 31 cases from district courts across Utah in which being underage and possessing or consuming alcohol was the lone charge, jail time was given in just four cases, according to a Tribune review. In three of those cases, the court docket indicates there was extenuating circumstances of a defendant missing a court date, having a separate pending criminal case or being allowed to serve the time in home confinement. The more common sentence was a fine of about $500 and a year of probation.
In Logan's city court, which receives many defendants who are students at Utah State University, drunken drivers are the only first-time alcohol offenders who can expect jail, said Lee Edwards, the assistant city attorney for Logan.
"DUIs are getting two days in jail, and it just seems like DUIs are more dangerous than [underage people in possession]," Edwards said.
Almost all these jail sentences in Sanpete County are being issued by Judge Ivo Peterson. Peterson presides over the municipal courts — called justice courts — in Ephraim, Fairview, Fountain Green, Gunnison, Manti, Moroni, Mount Pleasant and Spring City.
Peterson declined an interview request, but he issued a statement explaining that when sentencing, he considers prior criminal records as well as the defendant's demeanor in court and other aggravating and mitigating circumstances.
Peterson said he has issued no jail time for some underage drinkers and given as much as five days in jail for repeat offenders.
"It is almost impossible to know if a sentencing practice is successful," Peterson wrote. "I do have return violators but I commonly do not see a defendant again. It is my hope that my policy reduces the amount of underage drinking in my communities."
Peterson is on the faculty at Snow College and teaches communications courses. His appointments to the justice courts are part-time posts and like more than half of the justice court judges across the state, he does not hold a law degree.
It is not clear how many jail sentences Peterson has issued to underage drinkers because Utah courts do not provide sentencing data sorted by judge. Many in Sanpete County, however, seem to agree jail is the norm.
Craig Mathie, the Snow College vice president of student success, said he believes the jail terms are effective at deterring repeat offenses. He estimates recidivism is about one in 10 students.
"The feedback I've gotten is it's certainly got their attention," Mathie said.
But some students think jail is a punitive, ineffective deterrent.
"I would say stay away from Ephraim," said Laurel Blackham, a now-19-year-old Moroni native who spent her Pioneer Day weekend in jail after being caught with a cocktail in a Snow College dorm room.
Mathie, who oversees student discipline, said Peterson maintains independence on the bench and he and Mathie don't discuss cases. Besides sanctions in justice court, underage drinkers are disciplined by Snow College even if the offense happened off campus.
Police in Ephraim and Richfield, where there is a second campus, have an arrangement with the college in which students suspected of a crime are arrested or cited and issued a referral to Mathie's office. For underage students accused of drinking or possessing alcohol, Mathie said he typically assigns the student to a counselor to determine if the student has a substance abuse problem. Then the student receives 30 hours of community service on campus, usually tending lawns or picking up tree limbs with the groundskeeper.
Crimin, 18 at the time, was at an off-campus apartment Dec. 15 with three friends who were about to leave for the end of the semester. He had had two shots of Canadian whiskey when Ephraim police, investigating a noise complaint, knocked on the door. Crimin's blood-alcohol level was measured at .06, he said, below the .08 Utah considers too drunk to drive.
Crimin finished his 30 hours of service with the college before he appeared in Peterson's court in Ephraim on Jan. 18. There was no attorney there to represent him, Crimin said, but the court allowed him to watch a video saying he had the option of pleading guilty, not guilty or no contest. He said he recalls the video telling him he had 30 days to change his plea but does not remember anyone telling him he could appeal his case to the state district court.
Crimin pleaded guilty. Peterson read the sentence to him, including the two-day jail sentence and $523 fine, as though it were a good deal. Crimin did not think it was, but he did not think there was anything he could do about it.
"I haven't done anything like this before, and they just brought down everything on me," Crimin said.
Crimin said he did not have a drinking problem and has not had a drink since.
Jackson lived in an off-campus apartment in Ephraim with four roommates. She said the group were weekend drinkers.
"We didn't have school. What are we supposed to do in Ephraim?" Jackson said.
Jackson received her citation for possessing alcohol Nov. 9. An old boyfriend had left the beer and Amaretto in the refrigerator weeks earlier. Apartment managers conducted an inspection, found the booze and called Ephraim police.
Jackson, a Nephi resident who had no criminal record, went to court Dec. 21. Besides the two days in jail, Jackson was placed on probation for a year and issued a $373 fine. Crimin and Jackson had to pay another $150 for an alcohol education class.
Peterson also suspended Jackson's license until she was 21 years old, but Jackson filed an appeal with the state district court and Peterson lifted the suspension. Crimin filed no appeal and is serving a one-year suspension of his license.
Crimin, Jackson and Blackham reported to the Sanpete County jail within days of their court appearances. They were held in units segregated by males and females but with the general population of each. Other than not being allowed to do homework and being bored, the group reported no problems during their two days.
As each of the three were leaving the jail, each received a $90 bill for the stay there.
Besides feeling the court overreacted, Jackson was upset with Snow College.
"I don't think the school needs to get involved with it when it says it's off campus," Jackson said.
Jackson acknowledges she probably signed the student conduct code contract, but can't remember it from all the other enrollment papers she signed. Jackson completed just four of her 30 hours of service for the college before the semester ended. Jackson did not return this semester and instead will enroll at Utah Valley University.
Jackson's mother, Carmen Jackson, also believes the punishment was excessive, especially given her daughter was not drinking when police cited her. But Carmen Jackson also is glad her daughter learned a lesson.
"None of this would even be an issue if she hadn't done what she'd done," Carmen Jackson said.
ncarlisle@sltrib.com Full statement from Judge Ivo Peterson
When I sentence anyone it is my hope to stop the illegal activity from occurring again.
When a defendant has either pled guilty or no contest, or has been found guilty, I review two documents: the police report and the person's record. I also consider the person's demeanor in court and any information given to me by the person and/or the attorneys involved. This information gives me points to consider concerning aggravating and mitigating circumstances. After considering as much of the individual situation as I can, I make a decision concerning the sentence.
In the case of unlawful purchase, possession, consumption by [an underage person] the law requires that the sentence include:
• 1. The [underage person] participate in an educational series.
• 2. The court suspends the [underage person's] driving privileges.
• 3. The state suggests a fine of $533.00. However, the court can fine as much as $1,983.00.
• 4. There is no minimum jail time requirement in the law for this class B misdemeanor; however the maximum time is 180 days.
Some of the mitigating and aggravating circumstances I consider in deciding the fine and/or jail time include but are not limited to: The record of the defendant, where the event occurred, were other people involved or affected by the event, how much alcohol was on the breath or in the blood of the defendant, how the defendant responded to the police, information from the defendant and any attorneys involved, and the demeanor of the defendant in court.
Depending on the specific issues of aggravating and mitigating circumstances I have reduced fines, reduced fines by the cost of the educational series, fines have been completed as community service, and fines have also been raised. Depending on the specific issues of aggravating and mitigating circumstances defendants spent no time in jail (in an unusual case of repeated violations) to as many as five days in jail.
It is almost impossible to know if a sentencing practice is successful. I do have return violators but I commonly do not see a defendant again. It is my hope that my policy reduces the amount of underage drinking in my communities.