SOUTH BEND — Pacific County Superior Court Judge Don Richter sentenced Mickey S. Pine, 41 of Adna, to 78 months in prison followed by 18 months of community custody during his sentencing for vehicular homicide on Oct. 29.

Prosecutor Ben Haslam asked that Pine serve 90 months for conviction of driving under the influence and crossing the centerline on Mar. 31, 2019, around 2 a.m. and crashing head-on into Shawn D. Clearwater, 49.

Clearwater was alive immediately following the collision, but his condition quickly deteriorated, according to testimony during the trial.

Pine’s defense counsel countered Haslam’s request by suggesting Pine be sentenced to 12 months in custody.

A jury convicted Pine of vehicular homicide on Sept. 30 after a four-day trial of compelling evidence and testimony by both defense and state witnesses. He was allowed to remain out on bail until his sentencing hearing on Oct. 29.

According to court documents, Pine’s attorney, Pam Nogeuiera of Aberdeen-based Ingram Zelasko and Goodwin LLC quickly began appealing the conviction on Oct. 11 by entering a motion for a new trial, which was later denied.

However, during his sentencing on Oct. 29, Nogueira requested that Pine be allowed bail pending his appeal, as allowed by state law.

According to state law, “in all criminal actions, except capital cases in which the proof of guilt is clear or the presumption great, upon an appeal being taken from a judgment of conviction, the court in which the judgment was rendered, or a judge thereof, must, by an order entered in the journal or filed with the clerk, fix and determine the amount of bail to be required of the appellant.”

In response to the request, Richter set Pine’s post-conviction appeal bail at $200,000 and, according to court records, he posted a post-conviction bond through 11:11 Bail Bonds of Port Orchard on Oct. 30 and was subsequently released.

According to Nogueira, she is currently completing appeal paperwork that will go to the appeals council for consideration and a formal decision once filed.

Pine currently has no new court hearings scheduled, and his attorney is optimistic about the appeal.

“I’m hopeful that through his appeal, Mr. Pine will achieve justice,” Nogueira said.

The Pacific County Prosecutors Office was not immediately available for comment.

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