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Man Convicted in Randy Salerno's Death Busted for Another DUI

Tuesday, August 28, 2012 21:22

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(Before It's News)

Call it incremental improvement. Scott Hirschey was arrested July 27 for a run-of-the-mill misdemeanor DUI. After he allegedly rear-ended a truck, which suffered no damage, a cop pulled him over, determined he was intoxicated, and arrested him, reports the Chicago Sun-Times. No big deal, right?

Except, he’s been here before. Back in January 2008, Hirschey was driving a snowmobile, drunk, and his passenger died in the resulting crash. The passenger was his good friend and Chicago television anchor Randy Salerno.

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In July 2009, Hirschey was sentenced to three years probation in Wisconsin. Three years later, he’s been arrested for this DUI in Illinois.

Cutting it close, isn’t he? If Scott Hirschey was arrested before his probation ended, he could face a probation violation hearing and possible jail time on the previous charge. Of course, that depends on the timing and the exact language of his probation agreement with Wisconsin.

Ordinarily, a second DUI is a minor charge, absent an absurdly high blood-alcohol level, a history of accidents, or other aggravating factors.

But Hirschey isn’t your ordinary defendant. In Illinois, if someone has previously been convicted of reckless homicide while driving drunk, aggravated DUI involving a death, or a similar provision in another state, he faces a Class 3 felony aggravated DUI charge for a subsequent DUI.

The fact that Scott Hirschey’s prior DUI was across the border in Wisconsin apparently makes no difference, nor does his probation status. He’ll be facing two to five years in prison and a really long license suspension if convicted. Probation is also explicitly denied by the statute.

Community service and probation for the DUI crash that killed Randy Salerno? Two to five years for a “ordinary” DUI? We’ll call it a fortunate outcome. You can call it Karma.

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