Prominent Minnesota lawyer sentenced for I-35 strike – Duluth News Tribune

PINE CITY — It's understandable that the public might assume that a prominent attorney would get a break when he appears in court on criminal charges, a judge and prosecutor said Wednesday.

But lawyers handling the case against James Patrick Carey were keen to point out that this was not a simple “slap on the wrist” for drunkenly beating a construction worker on a highway last fall.

“I explained to the victim that this was certainly not how our office would treat Mr. Carey,” said Pine County Prosecutor Kelli Jasper, “but that we also would not treat him any more harshly because of his employment. We would treat him like any other person in the same factual situation.”

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

The chairman and managing partner of SiebenCarey pleaded guilty in June to felony DWI causing bodily harm, admitting he was under the influence of alcohol when he struck the worker on Interstate 35 near Hinckley.

Court documents say the victim, Joseph Gregory Flanagan, 27, of Duluth, was wearing a high-visibility 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 located by Carlton County Sheriff's Office deputies about 35 miles north near Moose Lake with his vehicle missing its passenger side mirror.

Carey, of Edina, Minnesota, reportedly smelled of alcohol and had bloodshot and watery eyes. A preliminary breath test revealed his blood alcohol level was 0.143, above the legal limit of 0.08, according to a criminal complaint.

Meanwhile, Flanagan was transported to Essentia Health-Sandstone, where he was treated for injuries including “severe bruising and swelling on his arm where he was struck.”

Under a plea agreement, additional counts of felony criminal operation of a vehicle and failure to stop during a traffic collision, as well as a misdemeanor count of driving while impaired, were dismissed.

Jasper said Flanagan was initially “extremely upset” and insisted that any plea deal include jail time for Carey beyond the four days he has already spent in custody.

But the county attorney's office later accepted the deal, she said, because Carey “voluntarily availed himself of multiple treatment opportunities and really did more than we would normally see a defendant do at this point.”

Flanagan ultimately did not contest the outcome, Jasper said. He did not attend Wednesday's sentencing, submit a victim impact statement or seek restitution. But 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 “tremendous change” since the incident. A native of Biwabik, Carey is a fourth-generation attorney and the son of a longtime state judge.

“He’s making a wonderful recovery,” Sieben said. “I know his wife and his kids. I know they’re all extremely proud of the change he’s made over the last year. It’s a big decision to step up and admit you have a problem and do what it takes to maintain that sobriety.”

Sieben said the Minnesota Department of Motor Vehicles should 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 in the plea 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 trouble and pain I have caused them,” Carey told the court. “There is hardly a day that goes by that I don't think about it. I was in a really bad and unhealthy situation. I think I am in a better place now.”

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

Judge Martin said she hoped the sentence would show that the system does not “favor people who have money or power.” She added that Carey, because of his prominence in the legal community, likely faced more scrutiny than an ordinary person in his situation.

“You haven’t been vehement, arrogant and difficult,” Martin told him. “In fact, you’ve been humble, you’ve taken responsibility and you’ve done what’s necessary to solve your problems. I think that’s a very 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 a lifelong resident of the city. Readers can contact Olsen at 218-723-5333 or [email protected].