On Thursday, September 13, 2018, an Adair County Circuit Court jury convicted Phillip W. Mattingly, age 64, of Driving Under the Influence of Alcohol or Other Substance Which Impairs Driving Ability (DUI), Fourth Offense.
The jury also convicted Mattingly of being a First-Degree Persistent Felony Offender and recommended that he serve twenty (20) years in prison – the maximum punishment possible.
According to testimony, Columbia Police Officer Josh Brockman received a call from a local business owner at approximately 7:00 pm on September 27, 2017, who reported a possible drunk driver leaving his business on North Highway 55 in Columbia.
Officer Brockman responded and caught up with the vehicle on North Highway 55 and observed the vehicle cross the centerline multiple times.
The vehicle, operated by Mattingly, was stopped by Officer Brockman on KY 551.
Brockman testified that Mattingly admitted that he had been drinking and that Mattingly appeared to be manifestly under the influence of alcohol.
Mattingly refused to submit to tests of his blood, breath, and/or urine when requested by Officer Brockman.
Commonwealth’s Attorney Brian Wright prosecuted the case and presented evidence pertaining to the DUI in the first stage of the trial.
During the penalty phase of the trial, Wright introduced evidence concerning Mattingly’s prior criminal record, including certified copies of three prior DUI convictions within the past ten years.
Wright also presented evidence that since 1993, Mattingly had been convicted of a total of eight prior DUIs and a total of eleven prior felonies, as well as numerous other criminal convictions in Marion, Taylor, Nelson, Warren, Washington, and Jefferson Counties.
After hearing evidence pertaining to Mattingly’s prior criminal history, the jury deliberated for approximately ten minutes before returning with their verdict fixing Mattingly’s punishment at twenty years’ imprisonment.
Formal sentencing is scheduled for November 27, 2018, before Adair Circuit Judge Judy Vance Murphy.