Slap On The Wrist: Gulity Of DUI, Nikolai Khabibulin Will Serve Minimum 30 Day Sentence

Anybody hoping that the court in Maricopa County, Arizona would throw the book at Oilers goalie Nikolai Khabibulin for his DUI conviction was severely disappointed today as a judge sentenced him to the absolute minimum sentence possible under Arizona law.

Khabibulin will serve 30 days in jail -- potentially in Maricopa County's infamous 'Tent City' -- pay about $1,500 in fines and undergo the minimum amount of "treatment" required by law. Those details come via Sarah McLellan of the Arizona Republic, who has led the reporting on Khabibulin's trial.

As The Copper & Blue has reported, Khabibulin might only do 10 days in jail, despite the fact that the law says the minimum is 30.

Both sides will have an opportunity to present additional arguments, and it's a foregone conclusion that the defense will ask for 10 days in prison and the other 20 days suspended as part of an agreement in which Khabibulin will undergo psychological evaluation and agree to an alcohol treatment program.  The prosecution will likely press for 30 days, and possibly more based on the extreme speed involved in the incident.

That's 10 in prison and the other 20 in treatment. The real minimum sentence. The prosecution clearly didn't press all that hard.

Calling this a slap on the wrist is disrespectful to wrists everywhere.

If you were doing 70 miles per hour in a 45 MPH zone with a blood alcohol content somewhere between 0.15 and 0.20, would you get off this easy? Probably not, especially in a county like Maricopa, which has been known for pretty harsh punishment while under the reign of Sheriff Joe Arpaio.

McLellan reports that Khabibulin's defense team will appeal the decision, which seems a little strange considering he couldn't have gotten off much easier here. It's probably more of a ploy to delay his sentencing so he can make it to training camp and play this season.

It'll be interesting to see what the Oilers have to say about the sentence. A statement from the team is expected later this evening.

Earlier this month, as Nikolai Khabibulin's court date drew closer, our Oilers blog, The Copper & Blue, decided it would be wise to speak with a lawyer in Arizona (where the charges against the goalie were levied), on exactly what he would go through if he were to be convicted of "extreme DUI."

The lawyer, David Maletta, said that Khabibulin could be sentenced up to six months, and that he will serve at least 30 days in jail. According to Maletta, DUI convicts in Maricopa County, Arizona serve their time in an outdoor "tent city" at the County Jail.

Khabibulin was convicted today and will be serving at least those 30 days of jail time, although we don't know his exact sentence just yet. Still, it's a perfect time to look back at those details.

From C&B:

I asked Maletta if that time would be spent in a prison or a city lockup.  In some jurisdictions, that might be the case; in fact, "in some jurisdictions, home arrest might be an option," Maletta said.  But not in Maricopa County: "DUI convicts serve their sentence in Tent City at the County Jail.  It's an outside jail, where men sleep in army tents."

Tent City, referred to as "an American gulag", is the outdoor extension of the Maricopa County Jail.  The facility is a giant pen, enclosed by chain link fencing and razor wire, where prisoners are housed in army surplus tents.  The prisoners sleep, eat, and live outdoors in the Arizona weather.  Prisoners are forced to wear striped uniforms, pink underwear and pink socks and they are fed a diet of expired foodstuffs.  The facility has been the subject of complaints, protests and investigations since inception.

"There is a chance that a convict can qualify for work release during their stay - they can spend up to to twelve hours per day, five days a week on work release, but they must return to Tent City every day and they must spend two full days per week in Tent City," said Maletta.

Tent City is not a fun place. Some quick glances at a few YouTube videos will show you that. Here's one from a documentary on the jail, where you can see the booking process and a general overview of what life is like in Tent City.

This jail is the brain child of Sheriff Joe Arpaio, who has been called "America's Worst Sheriff" by the New York Times in 2008. He's been publicly criticized by groups from across the political spectrum, from the left leaning American Civil Liberties Union, who filed a lawsuit against his department a year ago, to the right-wing Goldwater Institute (PDF).

They all contend that Arpaio's extreme tactics just aren't effective at best, and that they're downright criminal at worst. Nevertheless, Maricopa County voters have re-elected him four times since he took office 1992, most recently in 2008.

Khabibulin wouldn't be the first professional athlete to serve time in Tent City. Charles Barkley served 10 days in the outdoor jail for a similar but slightly less severe DUI charge back in February 2009.

But Barkley was able to return to his job as an analyst at TNT after doing his time. Will Khabibulin have the same opportunity to return to his job with the Oilers when this is all said and done? The 37-year-old has three years left on his contract.

Ben Massey at The Copper & Blue says that this whole thing gives the Oilers the right to void his contract.

The argument:

NHL teams could be well into training camp by the time Khabibulin even knows how long he'll be in prison for. Then there's serving the actual time. The point is that, as any Dellow reader could tell you, the Oilers have reasonable grounds to void Khabibulin's contract based on breaking the performance clause in the standard player agreement. As anyone with any common sense could tell you, they have a very good reason to do the same: it's safe to say that a goaltender with serious back problems and a criminal record in the United States who's spent up to half a year as a guest of the United States government isn't going to be worth almost $4 million a year for three more seasons. And as anyone who's watched the Oilers for the past four seasons could tell you, Khabibulin will probably be a part of this team for years to come.

Whether the Oilers exercise this opportunity to rid themselves of Khabibulin is yet to be seen, but it seems the possibility is there. Tent City could be where Nikolai Khabibulin's hockey career goes to die.

For more on this story, be sure to check out Tyler Dellow's fantastic work at mc79hockey.

Edmonton Oilers goaltender Nikolai Khabibulin has been found guilty today of driving under the influence, according to Sarah McLellan of the Arizona Republic, who provided live updates from the Scottsdale courthouse where Friday's trial occurred.

The official charges Khabibulin has been convicted of today:

- driving under the influence with a blood-alcohol content above 0.08.

- extreme DUI

- excessive speed

A charge of "DUI with impairment to the slightest degree" was thrown out during the proceedings, according to McLellan.

As reported earlier this year, the "extreme DUI" charge, which means he operated a vehicle with a BAC between 0.15 and 0.20, comes with a minimum sentence of 30 days in jail.

The Copper & Blue had those details in February, via the Arizona Revised Statutes:

D. A person who is convicted of a violation of this section:

1. Shall be sentenced to serve not less than thirty consecutive days in jail

2. Shall pay a fine of not less than two hundred fifty dollars,

3. Shall pay an additional assessment of two hundred fifty dollars.

4. May be ordered by a court to perform community restitution.

5. Shall be required by the department, on receipt of the report of conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later.

6. Shall pay an additional assessment of one thousand dollars

7. Shall pay an additional assessment of one thousand dollars

At least 30 days in jail, hefty fines, possible community service, an interlock device on his car. A sentencing date has not been set just yet, but Khabibulin is going to jail.