Wednesday, April 16, 2008

Boca Raton man faces prison for arriving at jail drunk


Palm Beach Post Staff Writer

Tuesday, April 15, 2008

WEST PALM BEACH — A man who dodged prison for a car accident which killed his stepdaughter now faces 10 years there after allegedly violating probation by showing up drunk for his assigned weekend in jail.

Scott Wynkoop, 43, appeared before a judge this morning. His attorney told the judge he is accused of having a blood-alcohol level of more than .10. Under Florida law, a person is presumed intoxicated with a blood alcohol more than .08.

The Boca Raton man, convicted of manslaughter by culpable negligence, once faced up to 15 years in prison. Traffic Homicide Prosecutor Ellen Roberts argued Wynkoop raced to beat a train, causing the accident that ultimately killed 9-year-old Samantha Rosales in May 2005.

A stepdaughter who, by all accounts in court, Wynkoop adored.

After hearing pleas to keep him out of prison, including one from the girl's mother, Circuit Judge Lucy Chernow Brown sentenced Wynkoop last year to 364 days in jail, served on weekends, plus 10 years of probation.

Brown also suspended a sentence of 10 years in prison that would have taken effect if Wynkoop violated any of the terms of his probation.

The sentencing order forbids him showing up drunk or late for his weekend jail time.

"You can't get around that sentencing order," Roberts said outside court Tuesday.

At the hearing, Brown set a May hearing for Wynkoop. The lawyers must now sort out which court has jurisdiction — Brown's or another now considering Wynkoop's appeal.

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