Man's 13th DUI shocks Krichbaum



The Akron man told police he doesn't drink.
By NANCY TULLIS
VINDICATOR STAFF WRITER
YOUNGSTOWN -- Judge R. Scott Krichbaum of Mahoning County Common Pleas Court will sentence an Akron man in August for his 13th charge of operating a vehicle under the influence of alcohol or drugs.
Randy H. Bragwell, 52, of Mogadore Road, pleaded guilty Tuesday and will be sentenced at 8:30 a.m. Aug. 15.
Assistant Prosecutor J. Michael Thompson said Bragwell was arrested March 28 by Sebring police.
When Bragwell appeared before Judge Diane Vittori of Mahoning County Court, Sebring, she set bond at $1 million. Judge Krichbaum, however, revoked that bond Tuesday.
"I am shocked at a case with 13 -- 12 prior -- DUIs, and because of that shock, somebody's got to do something," Judge Krichbaum told Bragwell. "Somebody's got to get your attention, and I'm going to do that somehow."
Possible penalties
Thompson said Bragwell faces a mandatory sentence of one to five years. He said prosecutors are recommending a three-year prison sentence because Bragwell did not harm anyone. He said, however, that because Bragwell has multiple convictions for OVI -- operating a motor vehicle while under the influence of alcohol or drugs, he can have up to five years added to whatever sentence Judge Krichbaum imposes.
Bragwell could be ordered to surrender his driver's license for life, pay up to a $10,000 fine, and surrender his vehicle, Thompson said. However, the SUV is registered to Bragwell's wife, and she has tried to keep him from driving and has tried to hide his car keys, Thompson said.
"Has anyone told you what sentence you're going to get?" Krichbaum asked Bragwell. "Nobody should tell you that because I don't know yet."
Bragwell's lawyer, Ronald Knickerbocker, could not be reached to comment.
Thompson said Bragwell's 12th charge is pending in Summit County, and although it is older than the Mahoning County charge, he will receive his sentence here first.
The situation
According to the police report, Sebring police observed Bragwell driving north on South 15th Street around 9:30 p.m. March 28. When Bragwell reached an intersection, he shoved his sport utility vehicle into reverse, drove backward at a high rate of speed, nearly striking two parked cars. Bragwell then turned onto West Kentucky and drove at a high rate of speed, nearly striking a vehicle parked in the 100 block.
Police said Bragwell was slow to respond when ordered to shut off the SUV's engine and put the keys out the window. The officer who stopped Bragwell said he could smell a strong odor of an alcoholic beverage coming out the open driver's-side window as he approached.
He told Bragwell to get out of the car and asked for his identification. Police said Bragwell swore at the officer and told him to find out that information himself. The officer said Bragwell had to hold onto the SUV for support when standing or walking.
The officer asked Bragwell if he had been drinking. Bragwell said "No, I don't drink."
Police said Bragwell was unable to complete tasks of the field sobriety test and about halfway through, swore at the officer again and told him to "just arrest me." Bragwell also refused to take a blood alcohol test, the police report showed.
tullis@vindy.com