After six drunk driving arrests, 57-year-old Karen Shouse of San Antonio received her first prison sentence of 10 years.
Twelve individuals lined the pews in the Kendall County Courthouse Wednesday afternoon in support of Shouse, including her adult son who was visibly upset throughout the proceedings.
Defense attorney Mark Stevens’ argument on behalf of Shouse in summation: “Probation is punishment.”
“We know Ms. Shouse has to be punished,” Stevens said in his closing. “That’s one legitimate function of a sentencing. She has to be punished. But we know, too, probation is a punishment. It’s effective punishment.”
The lawyer admitted the defendant had been in and out of treatment facilities over the past decade yet continued to rack up driving while intoxicated charges.
However, he brought up a licensed counselor who specializes in the treatment of both trauma and substance abuse – two things the professional said are notably separate issues which can have a co-morbid effect.
Stevens argued that she was only having issues with the law because of her alcoholism, which has yet to be effectively treated, and he noted she was not committing violent acts.
451st state District Judge Kirsten Cohoon addressed Stephens, asking, “You don’t think that driving a car at 60 miles per hour … a big hunk of metal without the use of your faculties because you’ve been drinking, isn’t a violent act?”
During the sentencing hearing, where Cohoon was tasked with hearing evidence and deciding Shouse’s fate, the details of the defendant’s charge were brought to light.
According to testimony, Shouse was on probation for a drunk driving charge out of Comal County when she purchased a second vehicle to circumvent the InterLock requirement – a device which requires a .00 blood-alcohol level test before the vehicle will start.
Then, she got behind the wheel after drinking, hit a vehicle holding a family of five, narrowly missed the officer who tried to stop her, and drove home, attempting to evade arrest.
Kendall County Assistant District Attorney Alessandra Deike said Shouse blew a .308 BAC once law enforcement detained her at her home – nearly four times the legal limit of .08.
“You know one other thing I thought was interesting when I got here, Mr. Stevens,” Cohoon said. “When I took the bench, I found out quickly that I do not have the authority to remove someone’s license for the rest of their lives. The most I can do is two years.”
After both sides gave their arguments – Deike seeking a prison sentence between two and 10 years and Stevens aiming for probation – Cohoon took roughly 15 minutes in her chambers to review the evidence.
“But all the time, I also have to think about the community,” Cohoon said before handing down Shouse’s 10-year sentence, noting she always keeps the defendant at the forefront of her mind when sentencing.
“I also have to think about the safety of the citizenry in and around Kendall County. And you, Ms. Shouse, are a danger to that community. At six (DWIs), you are a danger to the people who are driving our streets.”
Cohoon continued, “The statement I was saying that (the probation) officer stated in (the pre-sentencing investigation report) is true: ‘There are a handful of cases the court must rule in where the punishment must outweigh the wellbeing of the accused.’” This, she said, was one of those cases.
Cohoon handed down the maximum sentence for the third-degree felony offense. However, Shouse was given a seven-month credit toward her decade behind bars for time served in a treatment facility.
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