A Gardnerville businessman was ordered to participate in Western Nevada Regional Drug Court as a condition of a deferral for felony attempted eluding while under the influence of alcohol.
Timothy Dean Rutherford II, 55, will avoid conviction of the felony if he completes the program, thanks to negotiations between attorney Maria Pence and prosecutor William Murphy.
District Judge Tod Young said if it weren’t for the agreement he was inclined to put Rutherford in prison.
Rutherford had several letters from supporters vouching for his character.
Pence said Rutherford had two convictions for DUI in his 20s and recognized that he had an issue with alcohol.
She told the judge that Rutherford’s daughter had been diagnosed with a se-rious illness and that caused his relapse.
She said he entered counseling almost immediately after his arrest and has been doing community service ordered as a result of the DUI conviction in East Fork Justice Court.
“He is a good candidate for deferral,” she said.
Young pointed out that according to the deputy’s report, Rutherford was driving 104 mph.
“When you kill someone else’s daughter, that’s not going to fix your daugh-ter,” Young said, calling it an act of “grotesque selfishness.”
Rutherford was arrested on April 9 with a .244 blood alcohol content after a deputy spotted him driving 94 mph going southbound on Highway 395 in a Ford Mustang.
The deputy said at one point he was doing 132 mph and the Mustang was pulling away from him.
The deputy activated his lights and siren at 395 and Muller after the Mustang weaved into the turn lane.
It stopped at Highway 88 and 395 and Rutherford indicated he was going to drive down Highway 88, but instead continued on 395 and finally stopped at the Minden AM/PM.
Under an agreement with prosecutors, Rutherford entered a guilty plea in East Fork Justice Court to driving under the influence and received a 180-day suspended sentence.