Seattle Man Convicted of Drunk Driving, Causing Bodily Injury as Passenger Loses Arm

April 8, 2005

The United States Attorney’s Office for the Northern District of California announced that John Winston Joyce-Clarke was convicted of drunk driving and causing bodily injury to another person by a federal jury recently.

The jury, after deliberating for more than four hours, reportedly found that on Dec. 14, 2003, Joyce-Clarke drove his vehicle while having a blood alcohol content of 0.08% or more, and caused bodily injury to his passenger, Jayne Atkinson, who lost her arm in an accident. The guilty verdict followed a week-long jury trial before U.S. District Court Judge William H. Alsup.

Joyce-Clarke, 40, of Seattle, was indicted by a federal grand jury on Aug. 31, 2004. The crime occurred in the area known as East Fort Baker, which is within the boundaries of the Golden Gate National Recreation Area, an area under the exclusive jurisdiction of the federal government. The state cannot prosecute crimes occurring on land under the exclusive jurisdiction of the federal government. However, 18 U.S.C. § 13 allows state laws to be adopted for areas within federal jurisdiction where there is no applicable federal law to address the crime.

The maximum statutory penalty for each count in violation of 18 U.S.C. § 13, assimilating California Vehicle Code § 23153(b) is 3 years, and a fine of $1,000, plus restitution. However, any sentence following conviction would be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. 3553.

The sentencing of Joyce-Clarke is scheduled for June 7, 2005 before Judge Alsup in San Francisco.

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