John Robert Wheeler, 38, formerly of Albany, Texas, is now an inmate awaiting transfer to state prison to serve a (10) ten year sentence for the felony offense of Driving While Intoxicated, Third Offense or More. Wheeler was apprehended on January 10, 2009 by the Rising Star Police Chief and a DPS Trooper after Eastland County Dispatch received a report of an intoxicated driver. The officers began an investigation which resulted in the DWI arrest.
Wheeler had previously been arrested and convicted four times of DWI.
The punishment range for a felony DWI is confinement for a period of 2-10 years.
Wheeler had entered a plea of guilty but asked the Court to set punishment due to District Attorney Russ Thomason’s refusal to offer a probation sentence in the case. The Honorable Judge Steven Herod of the 91st District Court heard testimony from several witnesses from both the prosecution and defense. Judge Herod, during sentencing, told Wheeler that he was a danger to the public and was not suitable for community supervision. Wheeler was sentenced to 10 years in the Texas Department of Criminal Justice – Institutional Division.