Former
Commonwealth
Attorney to spend
60 days in jail

By Mary Garrison
Tribune-Courier Features Editor
mgarrison@tribunecourier.com

MURRAY – The case against former Marshall and Calloway County Commonwealth’s Attorney Mike Ward has come to a head. The attorney pleaded guilty on Friday to his third driving under the influence offense in less than two years.

Ward appeared before special appointed Hickman County District Judge Hunter B. Whitesell in Calloway County District Court for what was originally scheduled as a suppression hearing. Last month, Ward’s attorney, Will Kautz, said the Commonwealth had no evidence to support the charges and filed for suppression of evidence. Kautz said Ward’s keys were not in the ignition of the vehicle when he was discovered and arrested at the Murray Sonic in December 2009.

However, things had changed by Friday.

“We did some subsequent investigation after the motion was filed, and I believe it should be withdrawn,” Kautz told Whitesell in court. He later went on to elaborate, stating “it’s risky to try a third offense case unless you’re very confident you’ll win. I usually don’t recommend going to trial.

“Mike has acknowledged his mistake,” he continued. “He knows he’s committed a crime, and he’s prepared to pay the penalties for it.”

Kautz did not disclose further details concerning the cause of his withdrawl of the motion to suppress. However, in light of the results, Ward negotiated a plea with Assistant Christian County Attorney Maureen Leamy.

Under the plea agreement, Ward is subject to 12 mos. service, 60 days of which would be spent in the county detention center, 60 days on in-home incarceration and the remaining eight months of the sentence deferred, under the stipulation he commits no further offenses.

A $500 fine and additional court costs must be paid totaling $978, a 24-month suspension of driving privileges and one-year of drug and alcohol abuse counseling would be implemented, as well.

After a brief deliberation, Whitesell accepted the agreement.

“This is not what this court or this judge normally does,” Whitesell said. “But under the circumstances, I believe it to be fair and just.”

However, Whitesell did not adhere to all of Ward’s requests. Ward asked the court to allow time to complete upcoming jury trials and obligations to clients before reporting to serve. He also asked for a one-week reprieve in April to greet a new grandchild adopted from Haiti.

“Mr. Ward, you’re just going to have to work around that,” Whitesell said. He further denied Ward’s request to report to jail after the weekend, as well. The former attorney was scheduled to report at 6 p.m. Friday evening (Feb. 19).

Whitesell did agree to a request for standard work release.

In addition to his agreement with the Commonwealth, Ward entered into a contract with the Kentucky Bar Association.

For a term of the next five years, Ward must not only fulfill the stipulations of his plea agreement and remain free of other convictions, but he must also submit to random drug/alcohol testing and report weekly to a Bar appointed monitor.

Kautz said if Ward violates the conditions of the contract or has any further convictions within that time frame, he will face disciplinary action.

In that circumstance, Kautz said Ward would “very likely” be stripped of his license to practice law.

Kautz issued a statement to the Tribune-Courier on Ward’s behalf, as well, thanking his wife, children and friends for their continued support.

“The reality is that he’s a great lawyer who has a very obvious alcohol problem,” Kautz said. “He’s now addressing that problem.”