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Apr 10Undercover Interview- DUI/Hit and Run
This Undercover Interview hits really close to home. About a year ago two friends of mine were hit by two drunk drivers while they were standing on the street having a cigarette. Both of the drivers were convicted of DUI, and both had to server jail time.
Its hard to get all preachy about this subject, because I’ve had a beer and driven before. I know you have too.
What are the penalties if you get caught drinking and driving? Fines, losing your license your a few years, jail time…you might even have to join a white supremacist gang. For real. Read on…
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So what happened to you?
The day leading up to the DUI was actually a pretty fun day. I worked at this restaurant that used to have these great deals on Mondays. Cheap margaritas and cheap shots and stuff like that. We were going to go for Happy Hour, because Happy Hour was cheap drinks and free food. We were in our early 20′s, so we were broke and we wanted to get drunk and we wanted to eat.
So we went out, grabbed a couple of margaritas apiece, had a shot, and I think I drank a beer. Another friend of mine had been bugging me to come play softball with him and some friends and said, “Hey, we really need somebody today. Can you sub in for this dude that’s not going to make it today? We just need somebody in the outfield and somebody to swing the bat.” And I was like, “Sure, that’s fine.”
It was an adult league softball game, so they were drinking beer and hanging out in the park. So I had a couple of “maintenance” beers there, and I was just having fun.
That got done and two of my roommates at the time wanted to go out that night, and my female roommate was kind of into this guy, so we were going to go meet up with him and have a couple of drinks at a bar, and then pick him up and go out a little bit more after that. So we piled into her car and drove over to meet up with this friend of hers.
There was more inexpensive booze and more fun, and just hanging out and grabbed a bite to eat there, and then we left from there with him.
Me, and my two roommates, jumped in her car and I drove from there to downtown to go to another bar for a few more drinks. So it was fun, you know, we were feeling pretty good. We’re having a lot of fun just hanging out.
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So how long had you been drinking at this point?
A good 6-7 hours of drinking, not like back to back to back to back, but definitely like a couple here, a couple there. You know like two or three drinks at each stop. And so, we got downtown to some Irish bar, and I got a car bomb and then somebody talked me into a shot of Irish Whiskey.
They’re like “All right, let’s get out of here…let’s go back to (Name Withheld)’s house, he’s got a ping pong table, and his roommates are cool.”
We took off towards his place in (Location Withheld). By this point I’m driving kind of on the buzzed side and wasn’t feeling any pain. When we got down there I cracked a beer open, took a few sips of it, set it down, and then passed out.
I was exhausted by this point, it had been a long day, so I passed out for what would have seem like longer but probably was only about 10 or 15 minutes. When I come to, they’re playing ping pong and my male roommate was like “Hey dude, how you feeling?”
And I’m like “Ah fuck, I feel a lot better now. I took a nap,” He said “Well, it’s kind of late and it’s like 2:30am and I kind of just want to go home, and I don’t think she wants to leave.” My other roommate, she didn’t want to leave, she wanted to hang out with this guy longer. He said “How do you feel…do you think you can drive?” I said “Yeah, I’m good now. Sure, I can drive.”
My roommate gave me the keys to her car, and we piled into it and took off down the road. You know I was heading out of (Location Withheld), we went up this street…it’s a nice long stretch with no stoplights or stop signs. It’s quieter and less police so we went up that way.
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So were you thinking “I’ve got to dodge the cops…I’ve got my buzz on?”
I knew that if a cop got his hands on me that it wouldn’t have been a pretty thing. He probably would’ve just given me a ticket or a DUI if I got pulled over.
I was just thinking in high-school terms, like “stay away from the cops, stick to the side roads, try to dodge the main intersections and stay out of the way and just get home.”
The objective was to get home and get to bed.
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Before that day, was it a normal thing where you drive with a little bit of a buzz?
Oh yeah…I, for whatever reason, was the guy that everybody threw the keys to. I was always like “Oh, I can drive,” or “Oh, I’m fine.” I was always the guy that was the go to guy to drive, it was never a big deal for me to drive when I’d been drinking.
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So you wouldn’t say that you were more drunk than any other time?
Not necessarily. I definitely had been drinking for a good portion of the day, and was probably more inebriated than I realized, but I didn’t feel drunk. I walked to the car, I put the keys in the block, and then, you know, we even picked out a CD. I thought “Lets just get home and crash out, and maybe go surf tomorrow,” it was just kind of like one of those “Wow, that was a crazy Monday night, lets get the fuck home, and get this day over with.”
So we got in the car and I started flying down the road. We got on to this road where there’s this nice long stretch of road. The road has drainage ditches at the four way stops, so it creates that hump in middle of the road through the intersection and you kind of have to slow down to not scrape the front of your car on. Well, I got the bright idea that it’d be fun to zoom through those and hop our car over those…for whatever reason that sounded fun. Guess that probably should have told me I was a little bit more drunk than thought I was.
So we’re like “All right!”…we just blew through a couple of them and hopped like one or two and it was fun, we laughed and bumped our heads on the ceiling of the car, stuff was flying around the car…we were laughing, just being stupid and drunk.
I started to go towards this four-way intersection with lights. I’m coming up on it and it’s green. I’m getting closer and closer as it goes to yellow, and then I’m like “Crap, I don’t think I’m going to make it”, so I put a little more gas on it heading towards that intersection. I’m just thinking in my head the lights are on a timer, it’s late at night, so it’s just cycling through…I’ll just blast through it, it won’t be a big deal.
So I get to the intersection and all of a sudden the car is just up in the air, I didn’t know. It was a really weird sensation, it’s one of these sensations where you know what’s happening, but you don’t really want to know what’s happening. You know you just got into an accident but you don’t know where it came from, or why, or what…there’s no explanation.
Well apparently there was this girl that worked as a waitress at one of the strip clubs there at the (Location Withheld) and because she was coming home from work, she’d tripped the lights so she was going on the green. I plowed in the front left of her car going about 40 mph. The front end of her car basically acted like a ramp and I launched the car up onto it’s roof and landed on the roof. It rolled over one more time and landed on the roof again and then slid up the driveway on the other side of the intersection. It was a violent experience.
So everything comes to a stop finally and I don’t think I blacked out, but there was a little moment there where I don’t really remember, maybe like a second where there was black and then it comes back. When I come to, I’m upside down. I’m looking out the front of this car, and when I look up, my up is this asphalt and down is the sky. I unsnap my seat belt and fall in a crumple under the roof of this car, and I look over and my roommate is gone, and I hear flip flops…We were surfer dudes so we were always wearing flip flops, and I can hear flip flops running away from the car.
So I’m like “Oh crap, what happened.”
So I roll over and I kick the door of the car open. I get out, and for whatever stupid reason I decide to just run…I ran, towards the sound of his flip flops. Just run, run, run, run, run, run. We run on about a block and a half, full speed. Just run, run, run, run, run. And I’m like “Wait, wait, stop, stop, stop, stop, what’s going on? What’s going on?”
I thought maybe somebody was after us, I thought we hit somebody and they were pissed, and I thought we were just trying to get away, I didn’t know what the hell was going on.
He said “Dude we hit somebody! We hit somebody!” I’m like “What? We hit somebody?” He’s like “Yeah, didn’t you see the other car?” I’m like “No I just ran…I don’t even know what the hell happened. I’m assuming we hit somebody, but all I know was the car was in the air.” But he was like “Oh my god, I don’t know what to do, I don’t know what to do.”
So we found a hose and I hosed my head off…I had a little cut back behind my ear, that was just bleeding a little bit, which tripped me out for a second, but as soon as I got my head rinsed off I realized I was pretty well uninjured. I was like “Wow, that’s not bad” I was expecting broken bones or something.
He said “Dude I can’t do this, I can’t do this.” I’m like “Can’t do what?” He asked me “What are we going to say happened?”
He started freaking out on me. I said “Dude, you’re fucking useless you know, if the cops do find us you’re just going to cough it up…are you going to be able to hold the story together?” And he said “I don’t know! I don’t know! I don’t know!”
He said “My dad’s close by, lets go to his house.” I said “I am not showing up at your dad’s house. You go to your dad’s house and you just disappear…I won’t even say you were in the car because you are obviously not going to do anything but hurt my situation. Just go to your dad’s house, I’ll deal with this.”
So he takes off. I’m there by myself, I’m thinking “Fuck…what the fuck do I do, should I go back to the scene?”, because it’s hit and run at this point.
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How long have you guys been away from the scene for?
Long enough to start hearing the sirens…not close enough to see the lights but close enough to hear it. And I can hear that something’s going on. So I take off again, away from the accident. In my stupid mind, I thought it’d be a good idea to come up with a story, like I got carjacked. Somebody stole the car, and they drove the car over there and got into that accident, and I was just an innocent bystander, right? Sounds real logical.
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[laughter] OK.
[laughter] So I go to a pay phone, I get the story all straight in my head, and I call 911. I say “I just got carjacked”, And they’re like “Oh really? Where are you?” I said “Oh I don’t know but I can hear sirens not far from here.” They said “Oh. We’ve had an accident in the area, so there’s police in the area. We’ll send one over to take a report from you.” I start seeing the cops coming up and down the street, obviously looking for somebody. I stepped out on the street, and I waved one down. They come over, get out, and ask, “What happened?” I started trying to tell this story about how I got carjacked. I could see the cop scanning me up and down with his flashlight, looking at my eyes, looking at my head, and looking at me. Doing this whole “this guy is full of shit” thing. “Why is this guy telling me this?”
I get about a paragraph into this story, and I’m like “You know what? I’m just going to stop.” He asked, “What do you mean?” I said, “This is bullshit.” He said, “Yeah, I know. So go ahead. Continue.” I told him, “It was me. I was driving the car. I got in the accident, and I ran, and I don’t know why.” And I tried to spin this story to get away with it. I said, “I just want to know, did I kill somebody? Is somebody dead? I just need to know that I didn’t kill somebody.”
He said, “Just calm down. Just take it easy for a second here. First of all, have you had anything to drink?” I said, “You already know the answer to that question. Look at me, man. I’m a mess. I was just in a gnarly accident. I know you can smell it on me. Yes. I had a few beers today, quite a few earlier in the day. The last one was at least an hour ago. I don’t know if I’m under the influence still or not.”
He says, “All right. Let’s do a field sobriety test.” So we did a field sobriety test, which he said I passed. He said, “Well, you told me you had some drinks, so we’re going to need to take you down to the station and either draw blood, or breathalyze you, or both. With the circumstance the way they are I’m going to have to put you under arrest because you ran from the scene of an accident, and it was an injury accident.” I said, “Are you serious? How bad was the injury?”
He said, “I can’t tell you that, but just know that nobody’s dead. I’m not on the scene. I can’t tell you any more than that.” He read me my rights and put the handcuffs on me, and I sat there on the curb in handcuffs.
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Are you freaking out?
I was actually calmer by that point because I was just glad to have been able to tell them that it was me, and that I knew no one was dead made me feel so much better. At this point, I’m trying to figure out how I’m going to tell my roommate that her car is in pieces, and how I’m going to avoid telling that (Name Withheld) was in the car with me. Because they starting asking, “Was there anybody else in the car with you?” I said, “No.” They said, “OK. Well there was a beer can and some stuff in the passenger side. Whose were those?” I said, “They must have been mine. I gave a guy a ride earlier in the night, but not then.” They asked, “Who was this guy?” I said, “Just some dude on the street. He needed a ride, and I gave him a ride.” They’re like, “OK. That’s beside the point. So you’re saying that you were driving the vehicle?” I said, “Yeah. I drove it, and I got into this gnarly accident. I freaked out, and I ran. I can’t explain why I did it. I’m not going to try to tell you guys why I did it. I just got really scared. I thought somebody was trying to hurt me. I don’t know…I don’t know why I did it.”
The sergeant came around and put me in his car, and drove me downtown to get blood drawn for alcohol content, and on the way, he was talking to me. He asked, “What happened? Did you see the light?” I said, “Yeah. I just didn’t think it was somebody was coming.” I asked, “What’s going to happen?” He said, “I don’t know. This is one of those things where you’re going to have to let the lawyers deal with this one.” I was like, “Fuck, dude. Should I try and post bail, or should I just stay in?”
He says, “To be honest with you, since you tried to flee the scene and there was an injury, the judge is more than likely going to give you some time. So you’re probably better off not bailing out and staying in, because you’re gong to have to serve time anyway.” He’s giving me the breakdown. “If you stay in during the whole court proceedings, then all that time counts towards your sentence. Then that time gets taken off of the top of your sentence, so you have less time to serve once you do get sentenced.”
So I said, “OK. That makes sense.” On top of that I would have had to go to my parents to bail me out. At this point, me and my folks were not exactly seeing eye to eye on lifestyle. My parents are Christian. They didn’t really jive with my drinking and crazy lifestyle. I had nobody to go to. So I guess I’m flying this one solo. I just got to take care of this myself. It was weird, but I felt better that I was in jail, because I had hurt somebody. I felt like I almost needed to be there.
So I went in jail. They booked me in that night. I was only in there for a week or two. Actually they’re supposed to get you in front of a judge within 72 hours of you being booked. So I saw a judge for arraignment where they read off your charges. It’s just so that if you have anything else you need to say, or you want to post bail, or if you need to ask for a change in bail amount, anything like that you do it at that point. And then, from that point, they start setting court dates.
They’re like “This will be the day when they do the arraignment,” when you actually get formally charged by the district attorney’s office. The district attorney decides on the charges he or she will actually put up against you in court. Originally, it was felony DUI with great bodily injury, hit and run, and falsifying a police report.
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That’s pretty heavy stuff.
Yeah, all three. The felony DUI and the hit and run are major felonies. They’re strikable felonies. And the falsifying of a police report is a heavy misdemeanor.
So I was in the district attorney’s office with my public defender, who did a pretty damn good job. They worked out a plea bargain deal where I would plead to the felony DUI with great bodily injury, and they would drop the hit and run and the other misdemeanor charges, and anything else that was pending.
I would take a strike on my record, the felony DUI with great bodily injury, and I would serve a year in county jail. I was facing originally seven years in prison, which is what all the charges maxed out would have been. So I jumped at a year in county jail. At this point, I had already been in for almost a month; that means you do two thirds of your time. So if you get sentenced to 300 days, you do 200 days and they give you good time. As long as you behave yourself and don’t get in any trouble, they let you out early, and that’s when your probation picks up.
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What happened to the person you hit?
I broke her left femur. The bone popped through the skin but then popped back in, which is pretty traumatic within itself.
She ended up writing a letter to the judge, I don’t know why. But out of the kindness of her heart, she basically wrote a letter to my judge and said that she didn’t hold any ill will against me, and she hoped the judge wouldn’t sentence me to any further time than necessary. Basically, I think she was just a nice girl. But she ended up, with four days left on the statute of limitations, filing a civil suit against me years later.
There were only four or five days left on the statute of limitations, and she filed a civil suit. She ended up getting a civil settlement from the insurance company of the vehicle I was driving. So the insurance company covered that part. As for myself, and my friend whose car I was driving, there were some threats of being sued for some time. But the insurance company said don’t worry because I had permission to drive the vehicle in California. The insurance goes with the car, not with the driver. So that’s the law.
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What happened with your friend that was in the car?
He came and visited me one time when I was in jail. He was all sheepish and shy. He basically just boned out. I think he felt really guilty that I took the whole brunt. I don’t hold anything against him either. It’s a bummer that he had to get involved in it.
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So in the end, he never got caught?
No. It got brought up again later on by the lawyers, and I said, “There was just this homeless guy I picked up and gave a ride, and he ran from the accident. I don’t even know what happened to the guy.”
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What about the girl whose car you crashed? What did she do?
She came and saw me a few times while I was in jail. She was real supportive at first. Her parents are pretty well-off. Once the lawyer started getting involved, she suddenly vanished. She had to move back in with her parents because I smashed up her car.
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So that night, do you think you were lucky or unlucky?
I think I was lucky that I didn’t kill the girl. I think I was lucky that I survived that accident with no real damage other than a little scrape on the back of my head. I’m lucky because I was stupid enough to say yes to driving home, when I could have just as easily stayed at that guy’s house and crash on his couch.
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So in the end, what did you learn from this experience?
Everyone drinks and drives on occasion. You go out, you have two or three beers with your friends, and you get yourself home. That’s one thing.
But when you’ve been at an all-day drinking fest like I had, there’s just no reason to be operating a motor vehicle. It’s ridiculous. You’re just putting yourself and other people at risk. If I had killed that girl, I would be a totally different person right now. I don’t even know if I’d be alive, to be honest with you
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You say that everybody drinks and drives. Do you still? Would you still have a drink and then drive?
I have between then and now.
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You have?
I would much rather get a cab, or just call it a night. I’ve driven people home that were way more intoxicated than me, and gotten them home to a safe spot. It’s definitely not my preferred method of drinking. I prefer to have a decent plan as to where everybody’s going to end up at least by the end of the night.
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You go through a crazy, life-changing experience like getting a DUI and going to jail for it. Does that ever scare you away from drinking, or do you go back to your old ways of like “Well, I’ve had two drinks or three drinks. I’m a little buzzed, but I can drive home.” Does that still go through your head?
Well, not really. Usually someone else is driving. I’ll be honest with you. Since my DUI, I’ve just completed all the requirements to get my license back. I still don’t have my license from the whole experience.
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How long has it been?
Eight years.
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During this time, did you ever drive when you didn’t have a license?
Yeah, I have and that was a mistake, too. I don’t do that anymore either, and I don’t drink as much as I used to, either. I’ve definitely learned from it. It wasn’t an immediate effect, I’ll tell you that. But it definitely had an effect, and it definitely rippled through my entire life from that point forward. I’m a little worried about getting my license, to be honest with you.
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How come?
I just know how easy it is to get in a car and drink and drive, obviously, even without a license. It’s not an easy way of life to constantly worry about “Is my friend going to ask me to drive?” Constantly trying to dodge those kinds of questions is tiresome.
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Right. You got called out. You got caught, and you paid the price heavily for just one mistake. I’m just wondering, in all honesty, does it teach you a lesson? Does it make you never drink and drive? It sounds like it didn’t.
No. It definitely didn’t teach me that final, final lesson. It’s sad that it didn’t because it really should have, but that’s just stubborn human nature.
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How long did you end up going for?
I was in jail for just a little over seven months in one stretch.
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Did you deserve your punishment?
Yeah.
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It seems like you are a good guy. What was it like to be in jail with real criminals.
Well, it was interesting because there is a real big like gap in mentality in criminals.
There is just a really interesting social structure in there where you have career criminals that should probably have gone to college and been doctors but were born in the wrong neighborhood. It was interesting because I got involved in politics in there a little bit because you don’t have any choice.
Once you go into there it’s like… Because if you look like I do which I look like your average white kid, the whites approach you and say hey, what are you, and where are you from.
I ended up going to George Bailey, which is an internally segregated facility. You are black or white or if you are Hispanic, then you become either a Sureno or Norteno which is the Northerners and the Southerners.
Or you are with called Paisa which is basically born in Mexico but living in the states.
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Right.
Then there are “The Others”. The Others are Asians, Middle Easterners, anybody who does not form those other categories goes to the Others. The Others hang out with the Brothers. And the Whites and the Mexicans including all three of the group of Hispanics, all hang together.
So if trouble happens you know who you are fighting against. So, if they look Mexican, they probably are on your side…if they are Black or Asians, they are probably not on your side.
When you get in there, whatever you look like, that group is going to approach you.
When you get in there, your group approaches you, usually like… “Where did you grow up…so you’re a Wood right?”
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What’s a Wood?
It means you’re white.
So, you are Wood, All right, great, so you go out with these guys and they will introduce you around, this is John, he is your dorm rep. You have problems with anybody that is not of your race, you go to this guy, you don’t hit first.
You don’t say the word nigger, you don’t say the word spic, you don’t use any racial language from now on. Not allowed.
If you have a problem with somebody of another race, you go to your rep, you tell them what happened, and they’ll go to their rep and they’ll tell them what happened, and they’ll decide what’s going to happen.
You don’t just pop off and punch anybody you want unless they’re of your own race, and even then you need to make sure you know what you’re doing.
That’s just day-to-day. You get up early in the morning. They put you on buses to go to the court by six a.m., so they wake you up at four a.m. for breakfast. They feed you breakfast, and by feed you, I mean they move these big carts. It’s like the lunch-line assembly. You walk by, and somebody hands you a tray. You just go sit down and eat your food.
There’s assigned seats for the different colors. There’s the white tables, and then there are black tables, and there is the others tables, and there are the Hispanic tables. Even within those groups there are unique groups. But for white guys, it’s white guys and white guys. There’s not a big variety for white dudes.
Once you’re in a segregated facility, you don’t eat, shit or sleep with anyone that’s not of your race. And by sleep, I mean you try to choose your bunk close to somebody of your color.
You don’t sit at a table and share food with a black guy. You don’t share food with a black guy or a Mexican guy, unless that Mexican guy is cool with our group.
Some Mexican guys grew up punk rockers, and so they always hung out with white dudes. They can decide, but you have to make a decision: you can hang with the Mexicans, or you can hang with the white dudes. But if you’re going to hang with the white dudes you’ve got to stay with them. You can’t go back and forth.
There were a few guys like that, that were sleeved-up and had their ears stretched. They would talk like you and I talk, and go, “Yeah, dude, that’s awesome, man,” and talk about surfing. They were as white as you can be, but they just happened to be a slightly darker shade.
There are some Asian guys like that too. It’s harder for an Asian guy…a couple of guys that were Japanese, they were like, “Dude, I grew up in LA, and I don’t hang out with anybody that’s Asian other than my parents.”
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What are some of the dumb things about jail?
One of the stupidest things that almost started a fight, and I was able to talk everybody down about was, they’d bring in mops and brooms for us to clean the dorm areas, the floors and the bathrooms every day.
It’s self-cleaned, and so there’s a little bit of organization with that. We would keep a piece of paper and write down what race was responsible on what days of the week.
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So this literally would say, “Black people mop the floor, Mexicans clean the windows.”
Yeah. Woods this, Surenos that. The black guys were referred to as the Brothers. So the Brothers, the Others, the Surenos, the Paisas, and the Woods.
So, anyway… literally there is a piece of paper with the different colors or different races broken up and their assignments for that day and so everybody would clean.
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Did jail change your view on race or make you more or less racist?
I think it made me definitely less racist because I got a chance to see where people were coming from. And I really got to interact with people on a deeper level than just seeing people on the streets.
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Are you still friends with anybody from jail?
No, absolutely not. I didn’t want to keep in contact with anybody. They’ll give you their phone numbers, and say, “Yeah. Call me, and we’ll hang out.” I don’t want to call any of these people, or I’m going to end up going back to jail with these people
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Has jail made you a better person?
Not necessarily a better person.
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Has it changed you?
Yeah. I think it’s changed me in that I don’t look down on people for having done time
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So in the end, was it easy or hard to do time?
It’s hard in that you don’t want to be there, and you know you’re better than that, and you want to not do it again. You just wish you could take the time that you’re wasting there and apply it to something else, but you can’t…You’ve got to do the time.
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It seems like the lesson to be learned here is that if you drink and drive, you’ll end up in a racist white gang in jail.
Yeah. Basically. Yeah….Don’t drink and drive or you will end up in a gang.
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In the end, that should be lesson enough for somebody who reads this interview…Taking that extra beer and then driving, it can 100% change your life to somewhere you could never even imagine it. I doubt you could imagine that you would ever end up in a white gang in jail?
No, because I never thought of myself as a racist person. But, when you are in that situation, you don’t have a choice. Your choices get taken away. They get made for you. Somebody else tells you what to do. Somebody tells you when to eat, poop, sleep, everything. It’s the most dehumanizing experience you’ll ever have.
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