June 20, 2011 in Idaho

McGee ‘looking for promised land’ before arrest

Staff and wire reports

BOISE, Idaho (AP)—The lawyer for an Idaho state senator accused of taking an SUV and trailer from a stranger’s home in Boise and driving the vehicle while drunk said Monday there are “medical explanations” for his client’s behavior.

Idaho Senate Republican Caucus Chairman John McGee of Caldwell was arraigned in Idaho’s 4th District Court on charges of misdemeanor drunken driving and taking a vehicle without the owner’s consent, causing more than $1,000 damage, a felony.

McGee, 38, was arrested early Sunday after police say he took a Ford Excursion and cargo trailer from the southwest Boise home of a “complete stranger” and got it stuck in a yard just down the street. A breath test showed the four-term lawmaker’s blood-alcohol content was nearly twice the legal limit, police said.

KTVB-TV in Boise reported that police said McGee was drinking at a golf course on Saturday night, then left on foot before being found hours later in the Excursion after he was spotted by neighborhood residents.

Joe Carleton, owner of the home in whose yard McGee got the SUV stuck, told KIVI-TV, “He was in the back seat and I asked him what he was doing. He said, ‘I’m looking for the Promised Land.’ I said ‘You’re in the wrong land – this is not the Promised Land.’ Then he saw my wife in the window with a robe on and he says, ‘There’s an angel.’ I called 911 right away.”

Residents told the two TV stations that McGee was barefoot, had cuts on his legs and seemed dazed.

McGee made his first court appearance via video from jail. During the brief hearing, his attorney said there are “medical explanations” for McGee’s actions that would negate any criminal liability in the case. He declined to elaborate.

“To say that the criminal charges are out of character for Senator McGee, I don’t think that is an understatement,” attorney Scott McKay said in court.

McGee’s bond was set at $5,000 and he was released from the Ada County Jail shortly after his arraignment.

Police say McGee took the SUV and trailer, then got them stuck in a yard two houses down while trying to back up. He was not injured, police said.

McGee told officers he was on his way to Jackpot, Nev., Lt. Kody Aldrich said Sunday. A breath test found his blood-alcohol content was 0.15 percent, nearly twice the legal limit in Idaho, authorities allege.

The owner of the sport utility vehicle told authorities he typically leaves the keys in the steering column and the doors unlocked. The trailer and SUV sustained $2,100 in damage, according to court documents.

McGee’s attorney argued for bond to be set at $1,000 and highlighted McGee’s service to the community and role as a husband and father of two young children.

“Senator McGee spent Father’s Day in jail,” McKay said.

McGee’s wife, Hanna, attended the brief hearing. She declined to speak with reporters as she left with family.

A preliminary hearing in the case is scheduled for July 1.

In 2006, McGee was named the Idaho Young Republican of the Year and Republican Legislator of the Year. The senator from District 10 represents Caldwell and is head of the Canyon County GOP. He serves on the three Legislative committees: local government and taxation, state affairs, and transportation. He also works as marketing director for West Valley Medical Center.

19 comments on this story so far. Add yours!

Kivaari on June 20 at 6:39 p.m.
There could be more to this story. A 0.15 BAC isn’t that high in the scheme of things. Many DUI suspects blow in the 0.135 range and can carry on a conversation without looking for the promised land. He could have had a medical condition in addition to alcohol. He may have had interaction with drugs, legal or not. Many meds interact with alcohol very rapidly. It is one reason the charge normally reads, “Driving while under the influence of alcohol and/or drugs”. More testing is required to determine if drugs were involved. Even over the counter medications like allergy meds can create a DUI situation without drinking. Legal drugs can get you busted. Mix ‘em and you are screwed.
Sweetfire on June 20 at 6:43 p.m.
oh please… could the “medical explanations” be alcohol? Get real. He was drunk.
Diana on June 20 at 6:58 p.m.
Resign. No explanations. No second chances.
eagleproducer on June 20 at 7:21 p.m.
C’mon, Diana, don’t be so judgmental. At least he kept his johnson off the internet and didn’t embarrass his wife. I’m sure there is a way to explain his intoxication outside of him having a binge drinking problem.
kivaari: Name me the last time you didn’t arrest someone with a .15 field test who was caught driving. Sure, a wino stumblebum can function just fine with a walking BAC of .15, but usually not a state senator.
Hcklbery on June 20 at 7:25 p.m.
Kivaari is correct in observing that 0.15 is NOT sufficient to produce hallucinate behavior.
I personally have arrested 0.19 and 0.20’s and higher regularly without such bizarre behavior.
The very first thing I would be pushing for in this case is the further evidence of a blood test.
ALSO:
When the law enforcement agency begins exaggerating when referring to the breath test evidence you know that even they do not believe the story line of things being as bad as they are trying to sell.
0.15 is just as close to 0.10 as it is to 0.20, meaning it is NOT “nearly” TWICE the legal limit anymore than it is AT the legal limit.
It is exactly what it is. 0.05 greater than the legal limit, NO WORST NO BETTER.
To say otherwise by any law enforcement agency underlines that agency’s lack of integrity and professionalism as well as indicative of a mindset to railroad rather than dispassionately, professionally AND equally enforce the law according to the evidence before them.
Kivaari on June 20 at 7:37 p.m.
Eagle, They were always under arrest when we gave them the BAC. What we found was most drivers had readings in the 0.125-135 range. When I started in 1968 the “presumed” level was 0.150 BAC. Most of the people we arrested were below that level, but obviously drunk. Initiative 242, the “Implied consent law”, lowered it to 0.10 BAC. Now, since 1-1-99 the presumed level is 0.08% BAC. Still most people arrested have readings over 0.10 % BAC. What so many people don’t understand is a Breathalyzer reading of ZERO % doesn’t mean they are free to go. A person can be arrested for DUI, just by taking too much Benadryl. What is known is that if a person is at 0.05% BAC they are impaired, but often don’t have obvious signs of being a drunk. 0.05% is a common level in Europe and Australia. What the legislators have done, nationwide, is set an scientifically proven level of impairment. Most cops could not care less about the BAC reading. A good DUI arrest is based on the other factors, driving, field sobriety tests, HGN tests. The BAC is just icing on the cake.
I am not saying he should not have been arrested. He should have been and was. I am just saying that his behavior is that of a person with a higher BAC and/or drugs. Voluntary intoxication is not a defense for committing a crime. I suspect he will plead to a lesser charge if this is his first offense. I also suspect that he will have the auto theft charge dropped.
Kivaari on June 20 at 7:43 p.m.
Huck, The nationwide level is now 0.08% BAC. The feds threatened to cut off funding if states did not adopt the standard. A 0.15 % reading is nearly twice the 0.08 % now standard. If I remember correctly this became our national standard in 2000. I know it was at that level in Washington effective 1-1-99. I had county and city governments install 57 signs just in my area of responsibility.
A good educational film on the issue is available from the Washington Traffic Safety Commission. It is called “A safer State at Point .08”. Shortly after Washington passed the new level the rest of the nation went along just to keep funding coming.
spokanecommunistparty on June 20 at 7:47 p.m.
: p
Shadedmuse on June 20 at 7:49 p.m.
Typical Iduho republican teabagger, looking at the video from the 395 wreck looks like the red torus also had spud plates on it.
flutieflakes on June 20 at 8:11 p.m.
I’m actually tentatively buying the “medical condition” explanation. .16 is a strong buzz/moderate intoxication, not steal a random car and seek Yahweh in someone’s front yard. Either way, dude cannot handle his liquor and probably should avoid alcohol in the future.
cryptision on June 20 at 8:42 p.m.
If this had been one of us normal folks would that bail be higher than $5000.00 and IMHO we would be still sitting in jail.
Kivaari on June 20 at 9:04 p.m.
crypt, I doubt that we would be held on any higher bail. This case is obviously something that will be reduced to something less. A vehicle theft of this nature is not a serious offense. It says he found the keys in the vehicle, drove it a few houses away and then went to sleep in the rear. That hardly shows serious intent to deprive the owner of the property. It is pretty good evidence of DUI. I think you would find the judge actually set the bail higher then normal, just to show he was not showing favoritism to an elected official.
misjustice on June 20 at 9:32 p.m.
Thank gawd all he did was drive a stolen truck and trailer drunk. Why, imagine how worse it would have been if he’d put pictures of his weiner on the Internets!
Kivaari on June 20 at 9:46 p.m.
misjustice, Weiner had his weiner stepped on because he got caught in a lie. His followers in the media didn’t like that. It is one thing to lie to the public, quite another to lie to the liberal media.
opiemuyo on June 20 at 9:57 p.m.
So, there is a medical reason he consumed alcohol? The mind boggles at the excuses lawyers make up to explain away piss poor behaviour.
RedCedar on June 20 at 10:05 p.m.
There are a lot of good comments here about possible other medical issues and about how intoxicated a person looks at .15% BAC. Regardless of other medical issues (prescription drugs or diabetes, perhaps?) , .15 is solidly in the legally drunk category and there’s no way to get that level of alcohol in ones blood without drinking an amount of alcohol that no responsible person should drink if they’re going to need to drive home. So, no matter what the particulars, McGee showed very bad judgment.
Secondly, if I read the article right, he wasn’t given the breathalyzer test until quite a few hours after his drinking binge. He was asleep in the car when the cops got there. His BAC had probably dropped considerably by that time. Thirdly, if his defenders are right, McGee has not heretofore been a chronic drunk. He may not be able to “hold his liquor” like a man with lots of practice can. I know men who claim to be “functional alcoholics” who really do function pretty well with an amount of booze in them that would me falling down and hugging light poles. Perhaps he’s only recently started turning to alcohol to escape his troubles (whatever they may be) and so .15% BAC makes him act considerably drunker than it would in a more practiced alcoholic.
He obviously has a good lawyer who will mount a strong defense, but at this point, I still think the party needs to ditch him. He can stay in office until the voters decide otherwise, but he should not have any leadership position within the party and he probably doesn’t deserve their endorsement. He’s a loose cannon at this point and there’s no telling what else he’ll do or say in his next drunken stupor. Whatever it is will probably not do the Republican party any good. I’m sure there are plenty of competent, articulate, ambitious, and sober Republicans in canyon county. They don’t need McGee.
greenlibertarian on June 20 at 11:21 p.m.
Good god people, get a clue.
He blew almost twice the legal limit (not it’s NOT .10, morons), HOURS after the bars closed, so he was likely at least .20 when he was driving drunk with 12,000+ lbs of vehicle weight which could have done MAJOR damage.
He should be CIO (career is over) especially in a heavily Mormon district where he told police he was going to Jackpot, NV (read cheap booze, gambling and prostitution), but this guy is one of the anointed who was on the list to replace Craig before that laughingstock reneged on his pledge to resign.
The Ward bosses and Rethuglican higher ups are no doubt wangling a misdemeanor plea deal for this miscreant, with no further time in jail and six months probation.
He’ll be re-elected with 70% of the vote. It’s Idaho, the ultimate hypocritical state.
Guys like this SHOULD be held to higher standard, and the book thrown at them, after all they are (I know, guffaw) supposed to be role models, but truth of the matter is, if you’re “connected” like he is to the political ruling class, you’ll get a pass.
Disgusting.
And don’t give me any of that bull manure about “innocent until proven guilty”; that’s a legal construct, PRESUMED, not IS innocent before being found (or plead) guilty BEFORE A COURT of LAW.
This is the same punk who said he wouldn’t run for Cong. District 1 in Idaho, because he needed to spend time with his young family.
Well good luck with that, idiot, if they’ll have you.
MrBloggy on June 21 at 12:45 a.m.
He’s a Godly man. He’s a believer. Now all you sinners can judge but what you don’t have any idea of is did God ask him to get drunk and be weird as a test? As a test to prove his love for God’s only son? If so, he passed the test and is a better man than any of you.
Dismiss the charges lest the Lord cast locusts onto the fields of Idaho.
He should be hugged and loved.
Blessed be!
robert1964 on June 29 at 10:34 a.m.
now this is the exact reason why i never vote