ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, December 12, 1996 TAG: 9612120059
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
DATELINE: FINCASTLE
SOURCE: MATT CHITTUM STAFF WRITER
Former Lord Botetourt football coach Andy Ward declined a chance Wednesday to be treated for alcoholism instead of spending more time in jail.
"I would not consider myself an alcoholic," Ward said in Botetourt General District Court. "I have a problem with drinking."
He said he believed he could continue drinking, but "not at the pace I've been going."
Ward was in court to account for probation violations he received for a driving under the influence conviction in Botetourt in March, and for why he reported to jail Nov. 29 an hour and a half late with alcohol in his system.
Judge Louis Campbell ordered Ward to spend an additional 40 days in jail on top of the 11 he still has to serve for a driving on a suspended license conviction last month.
Botetourt Commonwealth's Attorney Joel Branscom pointed out to Campbell that it was within his power to convert a jail sentence to treatment, as long as he had Ward's consent.
But Rob Hagan, Ward's attorney, said there was no expert evidence available that Ward is an alcoholic.
Campbell said he didn't believe he needed an expert to tell him Ward has a drinking problem. But he declined to impose treatment against Ward's wishes.
In court, Branscom said it was "glaringly apparent" that Ward has a problem, and urged the judge to do Ward and society a favor by getting him help.
Ward was convicted twice this year of driving under the influence before he was pulled over in August driving 90 mph in his star running back's car. Ward admitted on the stand Wednesday he tested positive for alcohol in his system that night, though he was not charged for it.
On Nov. 25, Ward pleaded guilty to reckless driving and driving on a suspended license and was sentenced to 14 days in jail to be served over a weekend and holiday.
Ward resigned from the school system four days later after news of his problems with drinking and driving became public. He showed up for his first weekend in jail an hour and a half late and tested positive for having alcohol on his breath.
He testified Wednesday that he was at a neighbor's apartment celebrating Thanksgiving until 4 a.m., and the alcohol in his system was left from that. He believed he was not supposed to report to jail until 6 p.m., not 9 a.m.
Campbell said he believed Ward, but still reimposed 10 days of a suspended sentence because Ward was late.
The other 30 days Campbell gave Ward Wednesday resulted from his failure to comply with terms of the probation for his initial DUI conviction in Botetourt.
Besides getting caught driving on a suspended license, Ward had also been kicked out of his Virginia Alcohol Safety Action Program class for testing positive for alcohol in his system during a break from class, VASAP Case Manager Dottie Hogeland testified Wednesday. Ward also had failed to respond to two letters she sent him in October, and failed to report to counseling sessions she set up for him after he was kicked out of VASAP.
Ward testified he had been taking Nyquil for a cold, and that's why he tested positive at the VASAP class.
He was supposed to begin serving his additional jail time immediately, but went home Wednesday evening after filing an appeal. Hagan said Ward wanted to get his affairs in order before going back to jail, and the appeal will be retracted, though he would not say when.
Outside the courtroom, Ward apologized to his friends, family and especially his students for his indiscretions. He said he's really a "trustworthy, caring, loving type person," and his true friends have remembered that and stood by him.
He said he has a sales job lined up, which he can start after he gets out of jail.
"Hopefully, 1997 will be a better year for me."
But Ward may get an even later start on his new life than he wants. Hogeland said she is also filing a notice of Ward's noncompliance with terms of probation of his DUI conviction in Roanoke. That means he could receive additional jail time in that locality.
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