Man to finish degree before going to jail |

Man to finish degree before going to jail

Staff Reports

A Johnson Lane man will get to finish his associates of science in construction technology before he has to report for a two-month jail sentence.

John D. Bumgardner, 49, was convicted of leaving the scene of an accident after he rear-ended another car in Minden on Sept. 9, 2011, while he said he looked down to answer his cell phone last year.

When he was arrested two hours later climbing out of a back window of his house, he had a .10 blood alcohol content.

While Bumgardner has agreed to plead guilty to driving under the influence, prosecutor Erik Levin said he pursued a charge of leaving an injury accident, because under the law any injury is sufficient for a felony. Nevada’s DUI law requires substantial bodily injury for a felony.

Bumgardner’s attorney Tod Young said it was his client’s contention that he was not drunk when the accident occurred, but that he agreed to a guilty plea in Justice Court as part of the overall agreement.

Bumgardner apologized for his actions.

“There was no excuse for my actions,” he said.

Gibbons sentenced Bumgardner to 2-5 years in prison suspended for five years on condition he do 100 hours community service and 60 days in jail. He ordered Bumgardner to turn himself in on June 11, after graduating from college.

“There has to be some punishment,” Gibbons said. “Leaving the scene of an accident is a despicable act. You simply have to stop drinking.”