Prominent Minnesota lawyer sentenced for striking I-35 workers – InForum

PINE CITY, Minn. — It's understandable that the public might assume a prominent lawyer is lucky in his misfortune when he appears in court for a criminal trial, a judge and prosecutor said Wednesday.

But the lawyers handling the case against James Patrick Carey wanted to make it clear that this is not just a “slap on the wrist” for hitting a highway construction worker while drunk last fall.

“I explained to (the victim) that our office would certainly not treat Mr. Carey that way,” said Pine County Prosecutor Kelli Jasper, “but we would not treat him more harshly just because he is employed. We would treat him like any other person in the same situation.”

Carey, 64, head of one of Minnesota's oldest and largest personal injury law firms, will avoid further prison time if he successfully completes four years of supervised probation, according to the sentence imposed by Judge Krista Martin.

SevenCarey's president and managing partner pleaded guilty in June to felony negligence causing bodily harm and admitted that he was under the influence of alcohol when he struck the worker on Interstate 35 near Hinckley.

According to court documents, the victim, Joseph Gregory Flanagan, 27, of Duluth, was wearing a safety vest and walking on a dirt shoulder when he was struck by Carey's 2016 GMC Acadia around 11:40 a.m. on Oct. 6.

Carey continued north without stopping, but was eventually tracked down by Carlton County Sheriff's Office officers about 35 miles north near Moose Lake; his vehicle was missing the passenger side mirror.

Carey, of Edina, Minnesota, reportedly smelled of alcohol and had bloodshot, watery eyes. A preliminary breathalyzer test showed a blood alcohol content of .143, which is above the legal limit of .08, a criminal complaint states.

Flanagan, meanwhile, was taken to Essentia Health-Sandstone where he was treated for injuries, including “severe bruising and swelling to the area of ​​his arm where he was struck.”

As part of a plea agreement, other misdemeanor charges, including driving under the influence of alcohol and failure to stop for a traffic accident, were dropped. In addition, a charge of driving under the influence of alcohol was dropped.

Jasper said Flanagan was initially “extremely dismayed” and insisted that a plea deal would require Carey to serve a prison sentence beyond the four days he has already spent in custody.

However, the district attorney's office later agreed to the deal, she said, because Carey “voluntarily pursued multiple treatment options and really went above and beyond what we would normally expect from a defendant in this situation.”

Flanagan ultimately did not contest the verdict, Jasper said. He was not present at the sentencing on Wednesday and did not make a victim impact statement or request compensation. However, he has retained a civil attorney, the prosecutor said.

Defense attorney Tom Sieben, the brother of the defendant's partner, said he has known Carey for 40 years and has seen a “huge, huge change” since the incident. Carey is a Biwabik native, a fourth-generation lawyer and the son of a longtime state judge.

“His recovery is going really well,” Sieben said. “I know his wife, I know his children. I know they're all very proud of the change he's made in the last year. It's a big deal to admit you have a problem and do whatever it takes to maintain abstinence.”

Sieben said the Minnesota Department of Transportation is expected to impose a two-year license suspension and require Carey to install an ignition interlock device.

He has already written a letter of apology to the victim, as required by the agreement, and will perform 80 hours of community service at a children's hospice.

“I am truly sorry to Mr. Flanagan and his family for the distress and pain I have caused them,” Carey said in court. “Hardly a day goes by that I don't think about it. I was really unwell and unhealthy. I think I'm better now.”

In lieu of a 364-day jail sentence, Carey must also follow all recommendations of a therapeutic evaluation, abstain from alcohol and non-prescription drugs, and submit to testing at the discretion of his probation officer.

Judge Martin said she hoped the ruling would show that the system “does not favour people with money or power”. She said Carey was likely subject to greater scrutiny than a normal person in his situation because of his prominence in the legal community.

“You weren't shrill or arrogant, and you weren't difficult,” Martin told him. “In fact, you were humble and took responsibility and did what was necessary to work on your problems. I think that's a really good sign.”

Tom Olsen has covered crime and courts and the 8th Congressional District for the Duluth News Tribune since 2013. He is a graduate of the University of Minnesota Duluth and has lived in the city since birth. Readers can reach Olsen at 218-723-5333 or [email protected].