Kyle Kielbasa stands before Judge John Payne 12:30 PM today
Judge John Payne did not agree to the prosecution's request to "revoke bail" for Kyle C Kielbasa, arrested on the day of the Blarney Blowout for waiving a handgun around while under the influence of alcohol at the popular Hanger Pub & Grill on University Drive.
On the charges of Driving Under the Influence lodged yesterday after a spectacular accident on Bay Road around 4:40 PM that caused closure of the busy road for the rest of the night, Judge Payne entered a plea of not guilty and continued the case until November 7.
The prosecution pointed out that Mr. Kielbasa was under a "no alcohol" order from the previous incident and that both serious incidents (waiving a gun, crashing a car) indicate that when he drinks he "gets dangerous."
The prosecutor told Judge Payne a 911 caller was following behind Kielbasa and reported him as an erratic operator, and the first police officer on the scene of the wreck reported an "overwhelming smell of alcohol."
His lawyer freely admitted Kielbasa has a problem with alcohol. He has been going to AA meeting, getting therapy and even had a doctor prescribe medicine that blocks the craving for alcohol.
Yesterday's accident on Bay Road. Photo by Michael Seward
But after recent hand surgery the pain medications clashed with the anti-alcohol medicine, so he gave up on the anti-alcohol medicine and started back using alcohol.
Judge Payne said he would not revoke bail but would, however, "ratchet it up": Kyle Kielbasa must now report to his probation officer three times per week (with alcohol testing), attend five Alcoholics Anonymous meetings per week, reside with his parents, and maintain an 8:00 PM to 5:00 AM curfew.