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Stillwater Man Gets 7-Year Prison Term For Probation Violation
After Terminated From Drug Court


StillwaterNews.Net
07/22/2010


(Stillwater, Okla.) -- A Stillwater man who failed to comply with the rules of the Payne County Drug Court program has been given a seven-year prison term for violating the terms of his probation.

District Judge Donald Worthington told Peter Jay DuBois, 49, in court last week, "There comes a time when you leave the court no options. Many many options have been offered to help you.

"You have utterly failed to do your part," the judge told DuBois, who was arrested after failing to appear in court in June for his probation violation sentencing in a 2008 drug case.

In sentencing DuBois to prison Friday, the judge ordered that he be furnished medical, dental and addiction treatment by the state Department of Corrections.

DuBois' court-appointed attorney Jodie Gage had asked that he be sent to a drug treatment facility "so he can come off prescription medicine before going to DOC."

A year ago, the judge had placed DuBois on 15 years of probation contingent on his enrolling in and successfully completing the Payne County Drug Court program.

DuBois had pleaded guilty to attempting to obtain the controlled drug, methadone, from May's Drug Store on N. Perkins Road in Stillwater on Sept. 12, 2008, by presenting a prescription with the name of Dr. Jon D. DuBois, his deceased brother, court records show.

When the District Attorney's Office sought to have his probationary term revoked to prison, it noted that he was terminated from the Drug Court program on Feb. 18.

"The defendant has refused to seek inpatient treatment that was ordered in drug court. The defendant has routinely failed to appear for drug screens in drug court.

"The defendant has repeatedly tested positive for controlled dangerous substances (methadone and benzodiazepines) while in drug court.

"The defendant has appeared for a drug court review in front of Judge Corley while he was intoxicated," prosecutor Mike Kulling wrote in court documents.

DuBois was first placed on five years' probation in 1995 for possesson of a controlled drug, possession of marijuana, and possession of a firearm after a former felony conviction, Payne County court records show.

Less than two years later in 1997, he was convicted of possession of a firearm while under the state Department of Corrections supervision in 1995 in Payne County and given a 10-year prison term, which was modified by the judge four months later to probation.

Also in 1997, he was convicted of possession of a controlled drug with intent to distribute and possession of marijuana, both in 1996 in Payne County, and given a 10-year concurrent prison term, which was modified by the judge four months later to probation and drug rehabilitation at Starting Point II in Stillwater.

In 2001, he was again placed on probation, this time for five years, for attempted possession of a controlled drug in Oklahoma County, court records show.

In 2005, he was again placed on probation, this time for 30 years, for concealing stolen property in Payne County in 2003, court records show.

In 2008, he attempted to obtain methadone on a forged prescription in Stillwater -- the case for which he was placed on 15 years' probation last year with a requirement that he successfully complete the Payne County Drug Court program from which he was terminated nine months later.

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