Baker

By SYDNEY SCHWARTZ
The Patriot Ledger

PEMBROKE - The Pembroke man accused of leaving his two toddlers home alone while driving around drunk last weekend will spend the next three months in jail.

A Plymouth District Court judge ruled yesterday at a dangerousness hearing that there was no assurance Jonathan W. Baker would change his habits if released.

Baker, 37, of 5 Hatch Road, was arrested in Pembroke last weekend and charged with his fifth drunken-driving offense.

‘‘He’s a danger to himself, the community and probably his family,’’ Judge Thomas Brownell said in denying bail.

Baker was arrested Sunday after police said he was nearly passed out at the wheel of his pickup truck. Only after he was taken to the police station did Baker tell officers that his young daughters, 2 and 3 years old, were at home by themselves, police said.

In the past 20 years, Baker has been found guilty of driving drunk in Cohasset, Norwell, Scituate and Plymouth. He has refused chemical tests on four occasions and has had his license suspended 11 times.

He has also been charged several times with driving without a license, speeding, refusing to obey police and other driving infractions and has been involved in several accidents.

When Baker was arrested last weekend, he was driving with a hardship driving license.

The state Board of Appeals revoked an eight-year driving suspension in 2002, allowing Baker to drive for work or medical reasons during specific hours, said Erik Abell, a spokesman for the state’s Executive Office of Transportation.

Baker’s license had been suspended for eight years because of drunken driving in 1995 and 2000, Abell said.

But his mother, Dorothy Baker, who testified at yesterday’s hearing, said after the 2000 drunken driving offense, her son turned his life around. He went to work for a landscaping company and then started his own business.

He got married, had two daughters and bought and renovated a house, doing a lot of work himself.

‘‘He’s been a decent member of society for the last seven years,’’ said his attorney, Matthew Walsh. ‘‘This isn’t somebody that’s released and goes out and commits another offense.’’

Walsh said Baker has expressed interest in treatment. He presented four letters of support from Baker’s clients and friends. Baker’s two sisters also attended the hearing.

Baker was arrested just before 2 p.m. Sunday after a woman told police her vehicle had nearly been hit by a red pickup truck, patrolman Edward Flannery testified yesterday.

The woman told Flannery that the truck hit the curb on Center Street and turned onto Mattakeesett Street, striking the center island along the way. The driver then then pulled into a gas station.

Flannery saw the truck being driven out of the gas station and across the center line into oncoming traffic. It stopped suddenly and backed up into the gas station lot.

Flannery said he then pulled his cruiser in front of the truck and found Baker slumped over on the seat. Baker appeared semi-conscious, with his eyes mostly closed, and was talking to himself, he said.

When other officers arrived, Flannery said, the police opened Baker’s door and smelled alcohol. He said when Baker got out of the truck, he was unsteady on his feet.

Police gave Baker a sobriety test, asking him to count backwards, but he was only able to recite about five numbers, Flannery said.

Police went to Baker’s home, got the children and watched them for several hours until their mother picked them up. The Department of Social Services is investigating.

‘‘He got caught while essentially passed out drunk at a gas station,’’ said assistant District Attorney Peter Maguire, adding that even if Baker had been at home, he wouldn’t have been able to care for his children.

Baker’s license is suspended for two years, plus the remainder of the eight year suspension, Abell said. He will return to court for a hearing on June 21.

Sydney Schwartz may be reached at sschwartz@ledger.com .

Copyright 2007 The Patriot Ledger
Transmitted Friday, May 11, 2007