Despite prior convictions, man out on bond
Stutler, charged in crash that killed 2, had 3 DUI offenses
Court records show that Cleon Stutler Jr., charged Sept. 21 with multiple counts of drunken driving in a crash that killed Portage residents Amy and Peter Jackson as they were riding a motorcycle, had three prior convictions with increasingly serious sentences, leading the couple’s relatives to question granting him bond.
The convictions from 1991 to 2015 show a pattern of suspended fines and mostly suspended jail time, temporary suspension of his driver’s license, and some form of substance abuse evaluation and treatment.
Stutler, 66, of Port age, is charged with 24 felonies and four mis demeanors in the deaths of Amy Jackson, 44, and Peter Jackson, 45, who were heading out for a date night on their motorcycle when Stutler struck them at the intersection of U.S. Route 20 and Willowcreek Road in Portage earlier this month, officials said. The incident was witnessed by a Portage police officer.
Family members expressed grief and outrage during an initial hearing Sept. 24 when Stutler, owner of Stutler Architects in Portage, was scheduled for release on $7,500 cash bond. The condi- tions for his release were the suspension of his driver’s license and being outfitted with a bracelet monitor to detect alcohol consumption.
Stutler had been released from the Porter County Jail by Sept. 26, according to online records.
“I’m not happy with it. It makes me angry. I try not to focus on that too much because it takes away too much from the other things
that need to get done,” Chris Archer, of Portage, Amy Jackson’s brother, said in the days after the hearing.
Amy Jackson had two teen sons from a prior marriage, and she and Peter Jackson had two boys and a girl, ages 4, 5 and 6.
Archer questioned the accuracy of the bracelet monitor, which even Porter Superior Court Judge Roger Bradford said he was unfamiliar with during the Sept. 24 hearing.
“My opinion is the only way to keep (Stutler) from driving and hurting anyone else is to keep him in jail,” said Archer, who attended the hearing with family members who took up a full row in Bradford’s courtroom.
Ken Elwood, Stutler’s attorney, initially asked for a $5,000 cash bond. The alcohol monitoring bracelet and the suspension of Stutler’s license would keep him in check, Elwood said.
“We believe these conditions will prevent further harm to the community,” he said.
The Jacksons, Archer said, were heading out to dinner when the crash occurred a couple miles from their home. Amy Jackson was from Portage and active in Little League, serving on the organization’s board, and Peter Jackson, originally from North Carolina, had a construction business. The two met online, Archer said.
Archer questioned why Stutler, with a prior conviction, wasn’t charged with involuntary manslaughter instead of two felony counts of operating while intoxicated causing death.
Porter County Prosecutor Brian Gensel said the allegation is that Stutler failed to yield to the Jacksons’ motorcycle.
“The act of failing to yield is not reckless enough to support an involuntary manslaughter charge,” he said via email. He said operating while intoxicated resulting in death is the more specific and appropriate charge. “The elements of that charge are straightforward: Was the defendant legally intoxicated while driving and did that driving result in the death of another.”
Stutler’s blood alcohol content was 0.168, more than double the legal limit of 0.08, according to charging documents.
A defendant, if convicted, can be sentenced only on the most serious charges, said Gensel, who met with family members after the hearing to explain more about the charging and sentencing process.
Edward Monette, Amy Jackson’s father, said after Stutler’s initial hearing that he was “devastated” about Stutler’s bond, which he thought should be much higher, given Stutler’s prior record.
Court records show Stutler was charged with misdemeanor operating while intoxicated on May 29, 1991. He pleaded guilty, and his driver’s license was suspended for 30 days, followed by restricted driving privileges for six months, records indicate. He was sentenced to 180 days in jail, with 179 days suspended and given credit for one day, and he was fined $500, also suspended. He was sentenced to Porter County Alcohol and Drug Offender Services for evaluation and treatment.
On May 22, 2010, Stutler was charged with misdemeanor operating while intoxicated in a manner that endangers a person and misdemeanor operating while intoxicated, according to court records. Post-Tribune reports indicate Stutler struck a motorcyclist at Airport Road and Fairview Avenue in Portage who suffered road rash on his arms and said his shoulders hurt from hitting the ground.
Stutler pleaded guilty to a misdemeanor, and his license was suspended for 30 days, and he received a probationary license for six months, with restricted driving privileges that allowed him to drive for work, according to court documents. He was sentenced to a year in jail with all but 45 days suspended and with that time to be served as community service through Porter County PACT. He also received one year of unsuper- vised probation and was fined $500, which was suspended, records show.
According to online court records, Stutler was charged Dec. 31, 2014, with felony operating a vehicle while intoxicated with a prior conviction, as well as three misdemeanors related to operating while intoxicated.
On April 9, 2015, he pleaded guilty to a misdemeanor count of operating while intoxicated in a manner that endangers a person, court documents show. He was fined $5,000, which was suspended, and was sentenced to a year in jail. All but five days of that was suspended, and he received credit for two days. He also was placed on probation for one year. He was given community service, substance abuse evaluation and counseling, and service on a victim impact panel, records show. Stutler also was placed on probationary driving privileges for six months.