After delays, man faces prison for DUI

A man whose 2017 prison sentence for drunk driving has been repeatedly delayed is in jail, nearly eight years later, according to a news release issued by the Kootenai County Prosecuting Attorney’s Office.

Kenneth R. Rose pleaded guilty to aggravated DUI in October 2017. The charge stemmed from the previous summer, when Rose reportedly crossed into oncoming traffic while traveling between 85-90 mph and crashed into another vehicle, injuring the other driver. Blood testing showed his blood alcohol content was 0.107 at the time of the crash, above Idaho’s limit of 0.08, according to the prosecutor’s office.

First District Judge John Luster sentenced Rose to six years in prison with parole eligibility after one year, though First District Judge Rich Christensen later stayed execution of the sentence pending Rose’s appeal.

Rose’s appeal was denied in 2020. Christensen did not impose the sentence at that time, according to the prosecutor’s office, and agreed to consider a motion to reduce or modify Rose’s sentence. Prosecutors said Rose filed his motion after the deadline to do so, but Christensen “held that the stay of execution extended the 120 day deadline” and granted the motion, then suspended Rose’s prison sentence and placed him on probation for four years.

The Idaho Office of the Attorney General reportedly appealed Christenen’s order. The Idaho Court of Appeals ruled that the judge erred in concluding the stay of execution and extended the deadline, but did not vacate the order or reimpose the original sentence.

The Idaho Supreme Court ruled April 3 that, because Rose’s motion was untimely, Christensen lacked the jurisdiction to modify the sentence. The court also reimposed the original sentence. The decision was made final April 25.

Police arrested Rose on Tuesday. He will remain in custody until he is transported to prison.