Tuesday, October 21, 2014

Third Chances


 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. 

8 comments:

  1. If he's an atheist, those aa meetings are useless

    ReplyDelete
  2. Ridiculous! Shame on Judge Payne

    ReplyDelete
  3. I applaud the Judge -- he's trying to save Kielbasa's life. I just hope the parents report him immediately if he steps out of the house at 8:01 p.m. (or if he doesn't show up).

    ReplyDelete
  4. This guy is out of control, what is "Judge" Payne thinking?

    This guy is a terrible menace; gun waving and drunk off his ass at 4:40pm; lock him up

    Accountability seems to no longer be a requirement....

    John Edwards

    ReplyDelete
  5. Representations made to the court about what happened to the defendant that have not been proved beyond a reasonable doubt need to carry the words: "or at least that's what the defendant's attorney told the Judge."

    There's always an excuse provided that makes the decision-making more difficult.

    ReplyDelete
  6. Anonymous @6:!7 PM

    How is leaving him free to get drunk, drive recklessly and wave loaded guns around "saving his life?"

    It's a recipe for him to end up killing himself or others.

    ReplyDelete
  7. Isn't he a UMass Employee?

    Why hasn't he been fired for this -- a student this o outrageous would have been booted.

    WHY???

    ReplyDelete
  8. Kyle C Kielbasa
    Title: Departmental Assistant
    Department: Dining Services
    Work Address: Worcester Dining CommonsCode

    ReplyDelete