Just how difficult Dan Towery's job is, working
tirelessly to put a face on the tragedy of drunken driving after he lost
his daughter in a 1999 crash, piled up on the front page this week in the
form of Wayne Fountain.
When the Tippecanoe County magistrate, someone who sees
firsthand the personal loss and societal pain of drinking and driving, is
the suspect, what is the founder of the local MADD chapter supposed to do?
The frustration over Fountain's alleged drunken condition in a late-night
wreck Wednesday can't be confined to that of the most vocal advocates.
According to police reports, Fountain's crash on North
Ninth Street Road just south of Battle Ground didn't hurt anyone other
than the magistrate himself. Fountain's pickup truck left the road after
he missed a curve, crashing through a ditch and into a stand of small
trees. Fountain, who told police he swerved to avoid an oncoming car,
suffered some cuts and bruises.
By the time he reached the Tippecanoe County jail --
after using a phone at a nearby house to call for a ride home, leaving the
scene of the crash, getting tracked down by police and being carted more
than 10 miles back to Lafayette -- Fountain's blood-alcohol content
registered at 0.12 percent. The legal limit is 0.08 percent blood-alcohol
content.
Drunken driving is unacceptable in any case. When a
crash happens because someone got behind the wheel after having one too
many, it can't be called an accident.
But if the police report is accurate, Fountain's crash
is particularly objectionable. When he asked a neighbor for a phone,
instead of calling the police, he called someone to discretely whisk him
away from the scene.
As a magistrate, an appointed judge who fills in to help
move crowded dockets along in Tippecanoe County's busiest courts, Fountain
has watched as people stumble through the court system, charged with
alcohol-fueled offenses. He's sentenced some of those people. And he's no
doubt heard the litany of anti-drunken driving crusaders, detailing how
crashes devastated their lives.
So what made him get behind the wheel Wednesday night?
Why didn't he have the sense to make that phone call before he started
driving instead of waiting until after stranding his car in the trees?
Maybe, as Towery has said during his frequent talks to
civic groups and student assemblies, it's because most people still don't
get it. They fall into a trap, a disconnect that blurs the logic of
tougher drunken driving thresholds and stricter penalties at the very
moment a tipsy person slides into the driver's seat and decides, I can
handle it.
Considering all Fountain had at stake, it's surprising
to think he might have believed he was above that human failing, too.
Fountain is well-liked and respected at the courthouse,
but his career as a judge won't be easily recovered. His case won't
warrant special penalties, just as it shouldn't offer special favors,
because of his position. But the special prosecutor and judge who get this
particular drunken driving case will feel a lot of eyes pressing in as
they consider what to do with a magistrate accused of failing to make the
connection, too.