Friday, August 14, 2009

Former Chief David Baker Pleads Guilty to DUI

Former Alexandria police chief David P. Baker pleaded guilty Friday to driving under the influence and is expected to turn himself in to the Arlington County jail to serve a five-day sentence.

Baker's plea before Arlington General District Court Chief Judge Dorothy H. Clarke brought to a swift end an embarrassing episode that began last month for the popular chief. Baker was arrested July 25 after his city-issued Ford Explorer collided with another vehicle in Arlington County and he failed a series of sobriety tests. Arlington records indicate that he had a blood alcohol level of 0.19, more than twice the 0.08 legal limit in Virginia. Baker acknowledged with his guilty plea Friday that his blood alcohol content was between 0.15 and 0.20.

Baker retired from the Alexandria Police Department three days after the incident, ending a 40-year career that many have called exemplary with a remorseful letter to the officers he supervised. Baker has not said publicly what he did that Saturday night before the crash. Instead of enduring an internal police investigation, Baker instead accepted responsibility for his actions.

"He is supposed to be a role model, an example," said James Clark, Baker's attorney. "He believes he made a mistake and he should pay the appropriate price for it. . . . He used bad judgment; he drank too much, and he got behind the wheel of a car."

Clarke accepted the plea without comment during a brief hearing, sentencing Baker to 180 days in jail and imposing a fine of $1,500. The judge suspended 175 days of the sentence, meaning Baker will have to serve the mandatory five-day minimum sentence for driving at such a high level of intoxication. Clarke also suspended all but $300 of the fine and ordered Baker to attend the county's Alcohol Safety Action Program for DUI offenders. Baker will also lose his driver's license for the next year.

Baker said little in court other than to answer the judge's questions in a soft voice. When asked whether he was pleading guilty because he was driving with a blood alcohol level of 0.15 to 0.20, he answered: "Yes, your honor."

In a written statement released after the hearing, Baker apologized to the woman whose car he ran into as he merged onto Interstate 66 from North Fairfax Drive, and he praised Arlington officials for treating him fairly and with dignity during his arrest and detention. He also noted that drinking and driving is dangerous and against the law and that as police chief he "had an even higher responsibility not to engage in such behavior."

"As much as it pained me, resigning from my post as Chief was the appropriate decision given my actions," Baker said in the statement, saying he let down the community he has loved and served for 19 years. "I offer no excuses for my bad decisions and behavior because there are none. And I am, and will be, forever haunted by the personal embarrassment and humiliation I caused to those who have supported, mentored and guided me through my personal life and long and rewarding public safety career."

Clark said that Baker did not have to retire from police service but that he decided that as the public face of the police department, it would be "impossible to overcome" the repercussions of his arrest. By retiring, Baker will collect his city pension.

Arlington Sheriff Beth Arthur, who runs the county jail, said Friday that she considers Baker a "high-profile, high-security-risk inmate" and will keep him separated from the approximately 515 other inmates there during his brief jail term.

"Because of his history in law enforcement in the area and his high-profile job over the past few years, I'm concerned about his safety and well-being while incarcerated," Arthur said, adding that Baker will not be in the general population and will have his own cell, although he will not enjoy any special privileges. "We understand the possibility that he has crossed paths with some of the people here."

Also Friday, Arlington police announced the department's participation in an intensive national campaign against drunken driving that runs from Aug. 21 to Sept. 7, known as "Drunk Driving. Over the Limit. Under Arrest." Police announced a focus on drunken driving during high-risk nighttime hours, which coincidentally was when Baker was caught.

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