VanDyke fails to show at hearing on DUI count

PROVO — It's hard to get to court without a driver's license or a ride, but with 23 days to arrange transportation, a judge was not lenient when a man charged with DUI failed to show Friday afternoon.

Robert J. Kent VanDyke was scheduled to have a preliminary hearing in 4th District Court on Friday, but 21 minutes after his appointed time, he still hadn't shown up.

"My client is having difficulties finding a ride from Springville," said attorney Shelden Carter. "We're in communication to get someone to go get him, and I've instructed him to try to make arrangements ... but that took place just a few minutes ago."

Prosecutor Craig Johnson said he and his police officer were both ready to proceed.

"The state would ask that the court issue a no-bail warrant," he said. "We're here, ready to testify on a special setting and the state has other matters at noon."

Johnson said pushing the hearing back one week would be fine with the state. Plus, the hearing is short enough that to put it on a regular calendar day wouldn't encroach too much.

"I don't mind moving," Carter said. "I would just ask for consideration not to issue a warrant."

But Judge Claudia Laycock disagreed.

"This hearing was set on Nov. 21," she said, scanning down her calendar. "That was 23 days ago. In the meantime the defendant has had 23 days to make arrangements to be here. And if all else fails, I believe UTA runs to Springville."

Laycock issued a no-bail warrant and set another hearing at 1:15 p.m. on Wednesday.

VanDyke was arrested on Sept. 25 in Spanish Fork after people at a sports park called police to report they didn't think he should be driving, based on his behavior.

An officer caught up with him minutes later after VanDyke pulled to the side of the road and ended up arresting him.

But the officer didn't look at his criminal record with six misdemeanor and two felony convictions, including automobile homicide, and thus didn't book him into jail for investigation of a felony.

That meant VanDyke, who met certain requirements for housing and work, walked out of jail that night.

VanDyke was arrested again Oct. 3 but bailed out again on a bail amount of $2,500.

A hearing next Wednesday, once VanDyke is in jail, will determine whether he can bail out again or whether he's stuck in jail while awaiting trial on his third-degree felony DUI and a class B of driving on alcohol restrictions.

"The talk has been that the state will not negotiate with Mr. VanDyke in any way," Johnson said. "We're not offering any sort of plea deal in this case."

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