Criminal Court Judge Don Poole on Monday denied a request for early release for a 26-year-old East Ridge man who pleaded guilty in the death of a couple killed while riding a motorcycle in Brainerd on Aug. 28, 2008.
James Cargile had served three months and 18 days in the workhouse. He is due for release after six months under the workhouse's two-for-one policy on his 11 month and 29-day sentence.
His total sentence is eight years, but the remaining seven years will be on probation.
Attorney Jerry Summers had argued for the early release, while prosecutor Cameron Williams opposed it.
Judge Poole said it was such a serious case that it was necessary to complete the six months. He said the defendant already got the benefit of the seven years of probation.
Cargile testified that he had consumed 6-7 bottles of Bud Lite beer prior to driving to Brainerd to The Drink on Aug. 28, 2008. He said he was headed to the bar for more drinking.
He said, "Back then that is what I thought was fun."
He said he had almost gotten turned onto Bel Aire Road when his vehicle was struck by a motorcycle occupied by Danny and Lisa Turner of Whitwell. Both were killed and the helmet of the motorcycle driver wound up in the Cargile car.
Cargile said he never saw or heard the motorcycle.
The defendant's father, Robert Cargile, said, "My son's heart is shattered by this."
He said his son "is a giver" who helps many people, including giving free air conditioning repairs for some elderly people. He said his son has a job waiting at the Jake Marshall firm, where he is purchasing manager.
He said among those in the courtroom was his son's future wife, who is carrying their child.
Attorney Summers said it was a tragic incident, but he said the motorcyle driver was also negligent. Authorities said Cargile had a 1.2 alcohol level, and Danny Turner had a 1.4 alcohol level.
Prosecutor Williams earlier said a study by Officer David Allen concluded that the motorcyclist did have time to react.
However, he said witnesses at The Drink maintained he did not have a chance to avoid the crash at 5600 Brainerd Road.