THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: TUESDAY, June 14, 1994 TAG: 9406140357
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY LANE DeGREGORY, STAFF WRITER
DATELINE: 940614 LENGTH: ROANOKE ISLAND
Six months ago, the 28-year-old military man was convicted of felony death by motor vehicle and sentenced to the maximum five years in jail.
{REST} Next week, he will be eligible for parole.
The timing is not unusual. Under North Carolina sentencing guidelines, prisoners can be released under supervised probation after serving only one-eighth of their sentence.
But the announcement that Farrell could soon be released has raised questions about the state's parole plan - and the ire of Racavich's friends and family members.
At least six people have written the state parole commission requesting that Farrell remain at the Dare County jail. The local Mothers Against Drunk Driving organization plans to discuss the issue at their meeting tonight . The organization said that last year 469 people were killed in alcohol-related traffic accidents in North Carolina.
The assistant district attorney who prosecuted Farrell objected to the prisoner's possible probation, saying it would ``make people cynical about the criminal justice system - and with good reason.''
``It's ridiculous that this guy would be up for parole already. He killed a real asset to this community,'' prosecutor Robert Trivette said from his Elizabeth City office Monday. ``It's very frustrating. People see the system doesn't have any teeth in it. It's discouraging and depressing. And it undermines the efforts of law enforcement officers, prosecutors and organizations like Mothers Against Drunk Driving.''
According to court documents, Farrell was driving a van west on U.S. Route 64 near Manteo on June 5, 1993. At about 8:30 p.m., the Coast Guardsman's vehicle crossed the center line and struck Racavich - who was riding a motorcycle - head-on. Racavich, 31, died later that night.
Farrell had a blood alcohol content of .22, more than double the legal limit at the time, when he was tested about 90 minutes after the accident. He also had a prior driving while impaired conviction five years earlier in Wisconsin.
On June 21, two members of North Carolina's five-member parole commission will determine whether Farrell should be released. If he is, he will have to perform 32 hours of community service per month for an as-yet undetermined amount of time. If he isn't paroled, he will be released on Dec. 5, 1995, because he has been gaining time off through a local work release program.
According to N.C. Parole Case Analyst Franklin L. Rush, if Farrell had been convicted of armed robbery, he would not be eligible for parole for at least seven years. If he had been found guilty of drug trafficking, he would have to serve all but the last nine months of his sentence. But there are no special parole guidelines for people convicted of death by drunk driving.
About 18 of Farrell's friends and family members have written the parole board about Farrell's good character and requested his release.
But the victim's friends and family members said such a decision would be appalling.
``Obviously, that first drunk driving conviction didn't teach him a lesson,'' said Molly Harris, whose daughter was engaged to Racavich.
``What's the use of making laws if we don't uphold them?'' Harris asked. ``We might as well just slap these people on the wrist and let them go.
``I didn't think five years was enough time to serve in jail for taking someone's life,'' said Harris. ``I don't see how six months can do anything toward rehabilitation.''
{KEYWORDS} DRUNKEN DRIVING DUI FATALITY
by CNB