DUI defendant finally agrees to evaluation
An Emlenton man who has refused to undergo a required alcohol and drug use evaluation for a 2018 driving under the influence of alcohol conviction agreed Thursday to the evaluation after an assistant district attorney said the state will not reinstate his driver’s license if he does not obtain it.
Daniel Colorado Jones, 62, had refused to comply with numerous court orders to obtain a Court Reporting Network evaluation, court officials said.
The CRN is a uniform prescreening evaluation procedure for all DUI offenders to aid and support clinical treatment recommendations offered to the judiciary prior to sentencing, according to the Pennsylvania Department of Transportation.
The evaluation gathers a social history and insights into present and past alcohol and drug use and provides background information on prior arrest history, employment and medical history. The evaluation is to be done prior to final disposition of the criminal case to aid the court in determining sentences, according to PennDOT
In July 2021, Jones was found guilty of first-offense DUI and two counts of disorderly conduct by Butler County Common Pleas Judge Timothy F. McCune in a nonjury trial. McCune found him not guilty of three summary traffic violations. State police in Butler filed the charges following a Sept. 16, 2018, incident.
When he appeared for sentencing before McCune on Sept. 16, 2021, representing himself, Jones told McCune he hadn’t obtained a CRN evaluation as he was instructed to do after his conviction. McCune gave him five additional days to obtain the evaluation.
During that proceeding, Jones admitted to McCune that it was he who parked his pickup outside the courthouse that day and the day before with a sign saying “McCune is Nazi Vermin.”
Jones also told McCune that he sent letters to all of his neighbors. He said his actions were not intended to be threats.
Butler Township police charged Jones in September with two misdemeanor counts of harassment and one misdemeanor count of obstructing or impeding justice. He waived his right to a preliminary hearing on those charges in October.
Since then, the obstructing or impeding justice charge has been withdrawn, but Jones has requested a trial on the remaining charges. A trial date has not been scheduled.
On Thursday, Jones appeared before Judge Kelley T. Streib for sentencing on the DUI and disorderly conduct charges.
His court-appointed attorney, Armand Cingolani, told Streib that Jones still hadn’t obtained the CRN evaluation. He said Jones objects to the evaluation because he doesn’t want to provide personal information, the evaluation wouldn’t benefit him and believes the evaluation isn’t required by law.
Cingolani also told Streib that Jones wants to serve a prison sentence instead of probation.
DUI offenders are typically sentenced to probation, pay a fine and complete drug and alcohol counseling and community service.
Jones said he has had two CRN evaluations in the past and the evaluation contains the opinion of others.
“I have no recourse,” Jones said.
Assistant District Attorney Terri Schultz said the evaluation is required for sentencing, and Jones should be held in contempt of court.
Streib, who was presiding over sentence court with 25 other defendants scheduled to be sentenced, gave Cingolani time to talk to Jones outside of the courtroom.
When Cingolani and Jones returned, Streib said Jones was facing a sentence of 72 hours to six months of probation and eight hours of litter pick-up.
Jones opted to have eight hours added to his jail sentence instead of performing litter pick-up.
Schultz then said PennDOT will not reinstate Jones’ driver’s license if he does not have a CRN evaluation.
Streib told Jones that he would face jail time if he is caught driving without a license.
“You will face indefinitely the consequences of that. You’re young, and you’re not going to be able to drive ever again,” Streib said. “Right now, it’s looking a little like you’re cutting off your nose to spite your face.”
She told Jones that he could still chose to serve his sentence in prison instead of on probation if he obtains the evaluation, and gave Cingolani and Jones more time to talk.
When they returned, Cingolani said Jones agreed to the evaluation. Streib said she would schedule a new sentencing date for Jones.