A Mackay man is in the custody of the Idaho Department of Correction for a year after he violated terms of his probation.

Thomas Wayne Bone, 41, was on probation for driving while under the influence and he again drank alcohol before committing misdemeanor crimes of battery, resisting and obstructing an officer and destruction of property, according to court records.

Bone admitted to the probation violations in October. Last week District Judge Stevan Thompson retained jurisdiction of Bone’s case and placed him in the custody of the correction department for a 365-day rider. If Bone fails to complete the rider the judge can impose the suspended sentence of two to six years in prison. If Bone succeeds, Thompson can order him to serve out the remainder his five-year probationary term, which retired Judge Alan Stephens imposed in January 2017.

“He realizes he needs help,” Bone’s public defender, Travis Murdock, told Thompson on Oct. 18, while arguing that Bone should be released early from his five years of probation. “He’s tired of his lifestyle and wants to fix it. He knows the stakes and he will behave while he’s out.” Bone had served about 30 days in jail after being arrested for the misdemeanor charges.

Custer County Prosecuting Attorney Justin Oleson argued against early release or putting Bone back on probation, noting the defendant backslid and started drinking again, on numerous occasions. Bone became suicidal and was hospitalized, but resumed drinking, even after that, Oleson said. Bone was told to stay away from his girlfriend, who had been involved with alcohol and drugs, but the next day he went to see her.

“He’s not complying with his probation officer’s orders,” Oleson said.

Bone served a previous, apparently unsuccessful, rider in 2010, Oleson also pointed out.

“I deny the request to be released early because of his problems on probation and history of DUI,” Judge Thompson said at the October hearing. “You appear to be upset, and that’s not helping,” he told Bone, who was fidgeting and raising his hand to be heard.

Thompson said local incarceration, perhaps 30 days, was in order so Bone could work on his attitude and perhaps apply to drug court once again.

“Can I say something?” Bone asked.

“Talk to your attorney first,” Thompson replied.

“He’s not upset with the court,” attorney Murdock said.

“I understand the stress of being in jail,” Thompson said. “I don’t enjoy keeping people in jail.”

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