WILKES-BARRE — Attorney Max C. Lubin strongly argued for his client to receive probation instead of a prison sentence for driving under the influence and endangering a child, but a Luzerne County judge disagreed.
Judge Joseph F. Sklarosky Jr. emotionally sentenced Devonte Jaleel Burns, 30, from Waterbury, Conn., to three months to 2 years at the county correctional facility on Thursday. Burns pleaded guilty to driving under the influence and child endangerment on Dec. 18.
Sklarosky believed that a probationary sentence would not adequately address the severity of the crime, especially considering that three children were in the vehicle and Burns had been part of a hit and run incident in Monroe County just hours earlier.
Pennsylvania State Police in Wilkes-Barre charged Burns with drunken driving and child endangerment after a chase on Interstate 81 in Duryea on Aug. 13, 2022.
According to court records, state police encountered Burns driving a Honda Accord without a front passenger side tire, heading south on Interstate 81.
The Honda matched the description of a vehicle involved in a hit and run collision in the Stroudsburg area earlier that day.
Court records state that Burns missed an exit ramp, drove down an embankment onto state Route 315.
As per court records, the Honda lost its driver’s side tire while on Route 315 as Burns drove back onto Interstate 81 without the front tires, reaching speeds of 75 to 80 mph while being pursued.
A trooper performed a pit maneuver to stop the Honda.
State police reported in court records that three boys, aged 9, 8, and 6 at the time, were in the back seat with a wheel and the front bumper on them. They were not wearing seatbelts, according to state police.
Court records indicated that Burns smelled of alcohol when he was arrested.
Lubin advocated for probation, citing Burns' acknowledgement of responsibility and positive contributions to society. He submitted 12 character letters from Burns' family and friends, portraying him as a loving father, respectful, hardworking, and supportive of his family.
Sklarosky pointed out that one of the children was injured in the hit and run incident in Monroe County, where Burns is currently serving a three-year probation for accidents involving injury.
“By the grace of God, none of the children were injured,” Sklarosky mentioned, referring to the pursuit on Interstate 81 in Luzerne County.
