February 2, 2011 in News, City

Repeat drunken driver Batty pleads not guilty

Thomas Clouse The Spokesman-Review

A retired Spokane firefighter and convicted drunken driver pleaded not guilty Wednesday to his latest charge stemming from a traffic stop last month.

David W. Batty, 55, of Elk, pleaded not guilty to felony driving under the influence. The DUI charge was a felony based on Batty’s history, which includes a conviction for vehicular homicide in 1993.

Batty was stopped on U.S. Highway 2 on Jan. 6 and had a blood-alcohol level of twice the legal limit, according to the Washington State Patrol.

The city of Spokane rehired Batty after he served two years in jail from a 1993 vehicular homicide conviction. Batty was on medical leave in January 2007 when he caused a crash that killed three people, but Spokane County prosecutors did not file vehicular homicide charges.

Batty never returned to the fire department, but continued to have several traffic-related scrapes with the law, including a July 2008 felony DUI arrest from which he served nine months in jail in 2009.

Deputy Prosecutor Mike Nelson asked Superior Court Judge Michael Price for a $25,000 bond, but Batty’s defense attorney, David Miller, said his client is currently undergoing random testing and has been complying with a previous order barring Batty from driving.

“This is the first I’ve heard of an offer for testing,” Nelson said.

Price cited “community safety concerns” but ruled that Batty can remain out of jail as long as he does not drive and continues with random testing from an agency approved by prosecutors. The felony DUI trial was set for April 25.

18 comments on this story so far. Add yours!

Diana on February 02 at 4:26 p.m.
Price cited “community safety concerns” but ruled that Batty can remain out of jail as long as he does not drive.
Yes, let’s trust this serial drunk driver who has killed innocent human beings to do the right thing. Brilliant.
ogdensk on February 02 at 4:49 p.m.
How many people do you have to kill before your KEPT off the streets or how many DUI’s does take before we keep you off the streets. This is crazy. One is too much. Put this jerk back in jail!
samson on February 02 at 4:50 p.m.
Harsher penalties for DUI’s please. We need to keep people like this off the road for good!
Timtora on February 02 at 5:05 p.m.
Washington has one of the most liberal, criminal favored “justice” systems there is. This is exactly why there are repeat offenders like this. Judge Price better pray Batty does not kill anyone while DUI after he released him. Why did the prosecutors not file charges for the 3 deaths in 2007? It makes no sense for the judge to cite “community safety concerns” after knowing of his 1993 vehicular homicide conviction, 2007 crash that killed 3 and 2008 felony DUI conviction, then release him. The judges statement goes against the very premise of “community safety concerns”. But hey, he won’t drive - he said so….
Timtora on February 02 at 5:12 p.m.
This part is really funny - “David Miller, said his client is currently undergoing random testing and has been complying with a previous order barring Batty from driving.” - Hmmm, he was caught with a BAC twice the legal limit and driving - so much for the random testing and complying with the previous order.
eagleproducer on February 02 at 5:35 p.m.
Come on folks, don’t we all deserve a second chance?
Or third?
Or fourth?
Or fifth?
Or…
Cheezwhiz on February 02 at 6:06 p.m.
Just goes to show that the County and City takes care of their boys. He has killed at least four people, but keeps getting slapped on the wrist. The City and County employees have diplomatic immunity. Makes me wonder how many times he was charged with DUI that we aren’t hearing about.
misjustice on February 02 at 6:24 p.m.
Let’s see, who was our Prosecutor in 2007??? Hmmmm, let me think…was it no-charge Tucker?
lowtechmaster on February 02 at 7:04 p.m.
How much pension $$ are we paying this slime? In many states, his crimes would strip him of his $$$ pension!! And WHY is he still LOOSE??? Outrageous!!
saveyourtatas on February 02 at 7:30 p.m.
-QUIZ-
Has this guy killed more or less people than the SPD?
Now, how many cops or firefighters have been prosecuted?
hmmmmmm
Tuckers nickname is what?
It rhymes with his name but does not start with an “F”
“Tucker the Ducker” (ducks charges for fellow policemen)
It reminds one of the great Elvis Costello line
“I wish you luck with a captail “F”
While the police have a reputation for brutality and racism with a touch of murderous aloofness…the firefighters like DUI and porn videos with underage firehouse visitors (cops erase photos).
OMG, Spokane has become Mississippi (or Arkansas)
In the background, if you listen closely, you can hear “Foggy Mountain Breakdown”. Burt Reynolds goes down a stream and runs into an SPD officer who tells his friend…
“I like your mouth”
PlanB on February 02 at 7:30 p.m.
Let’s play a game… Say Batty was just a regular citizen. And he was in an accident that injured three police officers in an unmarked car. What would happen?
Oh yea, that already happened. And the speedy result was three felony convictions.
Good thing Batty is one of the ‘boys’ and the people he killed were just plain old people without special privileges and protections.
saveyourtatas on February 02 at 7:42 p.m.
PlanB
I like your mouth (-:
Spokane_Citizen on February 02 at 7:47 p.m.
This incredibly sad saga is just freakin amazing. A regular citizen would have been in jail indefinitely on this kind of stuff.
Huey1371 on February 02 at 9:30 p.m.
How disgusting. In 2007 I applied for employment with the city. I’m a former Marine, an Iraq veteran, and a college graduate with a clean criminal/driving record, but still there were no vacancies in any department (police, fire, sheriff, etc…). Yet somehow there was room for this man??
As offensive as it is to have been denied in favor of this career criminal (yes, repeated DUIs and reckless killing of citizens makes him a career criminal), I can’t help but think I am better off. True, I do not have a solid job, pension, or health benefits yet, but I have the peace of mind knowing that I am not personally associated with this man or the people who stand behind him…. City of Spokane
rshauvin on February 02 at 10:12 p.m.
How did Tucker manage to not get fired last election? Dave Batty and about a million other criminals will be that overpaid clowns legacy. Nice work Steve.
lewis8457 on February 02 at 10:42 p.m.
WWU Spokane voting system is fixed.
He is part of the good ol boy club, when i knew him his office was in emergency services where all the DARE guys used to be.
The system protects their own even if they are drunks. Heck look at Thoma we had arousing thread on here a few days ago where the cop defenders actually said driving drunk is OK if your a cop.
So with that mentality is it any wonder this guy is out to drive again?
Cheezwhiz on February 02 at 11:34 p.m.
Does anyone remember the controversy when John Divine made a plea bargain for two years in prison for killing a woman on the Sunset Highway? The public was outraged. I never heard a thing about the four people who were killed by this man. How did that get swept under our public rug?
ChefGus/ John Olsen on February 03 at 5:02 a.m.
Frank Malone for Prosecutor… Gus