BAY MINETTE — He waived his right to appeal the charges, but a Spanish Fort man who pleaded guilty to two counts of manslaughter can appeal his 40-year sentence and plans to.

Circuit Court Judge Charles Partin sentenced Patrick Blake Young Ballard, 20, to serve two, consecutive 20-year terms Jan. 15 in the 2007 Labor Day deaths of cyclists Archie Leroy Clemons, Jr., 46, of Spanish Fort and William Frederick Imle, 48, of Daphne.

Ballard, then 19, was charged with speeding down Bromley Road in Stapleton on the morning of Sept. 3, 2007, when he failed to negotiate a turn while driving 83 mph, swerved into the opposite lane and fatally struck Clemons and Imle.

The defense argued during sentencing it would be unconstitutional for Ballard to serve the 20-year sentences consecutively, but District Attorney Judy Newcomb cited case law and a 1987 Alabama Supreme Court ruling stating consecutive sentences were constitutional and could be mandated by the court if a single crime resulted in multiple victims.

Newcomb said through the totality of the circumstances of his past and the circumstances of the current case, Ballard had earned consecutive sentences.

The court agreed with the state, and Ballard was sentenced to serve the sentences consecutively.

He plans to appeal his sentence.

The state and Ballard’s defense attorney, James Byrd, reached a plea agreement Jan.14 downgrading the charges from murder to manslaughter with a sentence of 20 years for each charge, according to District Attorney Judy Newcomb.

“We met with the family and law enforcement, and believed the plea bargain sentence would provide protection for the community, justice for the victims and save the families of both from a trial,” Newcomb said.

The plea was entered in the opening minutes of the hearing, and the court heard testimony from the victims’ families before deciding if the sentences would be served consecutively, totaling 40 years, or concurrently, totaling 20 years.

In addition to the 20-year sentence in each case, Ballard has to pay a combined $53, 817 in restitutions to the families, $4000 in fines, $500 to the Alabama Crime Victims Fund and court costs.

“The McDuff family graciously and rightfully gave him a second chance, and he did the same thing,” Dana Clemons told the court. “I don’t want anyone to suffer the way our families have suffered. Time served will not change anything, but consecutive sentences will keep the community safe for 40 years.”

Clemons said a main reason she agreed to the plea bargain was to save her children from a lengthy trial and the publicity surrounding the case.

Publicity that is not new to the case.

In October 2008, Ballard and his attorneys requested and were denied a change of venue to move the case out of Baldwin County on the basis of being unable to find an uncontaminated jury pool.

A contributing factor to publicity surrounding Ballard is the June 2005 death of Fairhope cyclist Larry McDuff, 64.

Ballard, then 17, was speeding after a night of drinking, drug use and no sleep when he swerved into the opposite lane and fatally struck McDuff. 

Based on the wishes of the McDuff family, Ballard reached a plea with the state downgrading the charges from manslaughter to felony leaving the scene of an accident with a sentence of 190 days at a Department of Youth Services facility, Newcomb said.

“It is almost eerie the similarities between the two cases,” Newcomb said.

Newcomb also revealed to the court she had recently learned of an Aug. 30, 2007 reckless driving ticket which Ballard pleaded guilty to Bay Minette Municipal Court.

Byrd said he had received information about the ticket the morning of the sentencing from Newcomb via fax.