Judge rejects probation plea agreement

The prosecutor and defense attorney in the case of a Fruita man who pleaded guilty to vehicular homicide in a drunken-driving crash will try to reach a new plea agreement after the first deal was rejected by a judge.

Defense attorney David Eisner, representing 21-year-old Jesse Reed, said during a review hearing Wednesday that more time is needed to strike up another agreement.

Reed is expected to return to court Oct. 2 for another review hearing.

Mesa County District Judge Brian Flynn earlier this month rejected a plea deal for Reed with sentence options of probation, 90 days in jail or work release, or any combination of those sanctions.

Flynn objected to the term of probation in the initial agreement.

“It’s disappointing. We thought it was appropriate; the judge didn’t,” Eisner said in an interview Wednesday after the hearing.

Eisner had filed a request for reconsideration of the plea agreement, but that also was denied by Flynn.

Deputy District Attorney Jason Conley had said prosecutors would recommend to Flynn that Reed receive probation in the case because of the wishes of the victim’s family. The two men were close friends, and the defendant has no criminal history, Conley said.

According to an arrest affidavit, Reed drank about five shots of alcohol in 30 minutes at Cactus Canyon, drove away and crashed into a light pole on U.S. Highway 6&50, killing his passenger, 23-year-old John Fulmer IV.

Reed also drank about six beers before leaving his Fruita home to go to the nightclub in Clifton, the affidavit said.


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