A six-person jury today found Terry McManus, the 55-year-old operator of Flagler Beach’s city-owned golf course for the past five years, guilty of felony drunk driving, his third DUI within 10 years. McManus faces up to five years in prison when he is sentenced on August 10. There is no minimum mandatory sentence with a third conviction. The judge could sentence him to state prison, to a term of less than a year at the county jail, or to probation for five years.
McManus faces another trial on a felony insurance fraud charge later this year, and is battling a civil suit in a breach of contract case involving the golf club’s management company.
McManus was taken into custody immediately after the verdict and booked at the Flagler County jail, his bond having been revoked.
The Flagler Beach City Commission has had a fraught relationship with McManus in the five years he’s run Ocean Palms, the nine-hole golf course at the south end of the city. Weeks ago commissioners were again complaining that he McManus was not producing financial reports about activity at the golf course, as required by contract.
The commission was meeting in a goal-setting session today. It is unclear how it will proceed in light of McManus’s conviction–or how the golf course would be run, though McManus has a staff there. “That’s him as a person. We rent it to an LLC, so I don’t know where they overlap each other or not,” Commissioner Rick Belhumeur said, noting he would discuss the matter with the commission at its meeting on Thursday.
McManus was also found guilty today on a misdemeanor charge of refusing to submit to a breathalizer test. He was at the wheel of a golf cart that had become stuck in the sand in the construction zone on State Road A1A in Flagler Beach when city police found him, disoriented and drunk, early the morning of July 24, 2019. (His diver’s license had been permanently revoked in 2017.)
He kept telling a Flagler Beach police officer that he was sorry, but immediately declined to carry out field sobriety exercises. His defense included the argument that his golf cart was inoperable, so he could not be found of drunk driving. But as the judge instructed the jury, the question was whether he was in “actual physical control of the vehicle,” which had been established rather convincingly, and whether his faculties were impaired. He did not have to be driving the vehicle to be found guilty.
“I appreciate the State Attorney’s office helping with this case as well as the jury weighing the evidence, listening to all the testimony and doing what they were sworn to do,” Flagler Beach Police Chief Matt Doughney said today, “because being on a jury is not something taken lightly and from law enforcement’s side, we appreciate them taking the time to do due diligence.”
If McManus were to qualify for a restricted license, he’ll be required to install, at his expense, an ignition interlock device on all vehicles that are individually or jointly leased or owned and routinely operated by him.
The two-day trial was conducted before Circuit Judge Chris France and prosecuted by Assistant State Attorney James Nealis. McManus was represented by Assistant Public Defender Bill Bookhammer. The trial later this year centers on a third-degree felony charge of fraud, with a maximum prison term of five years if McManus is found guilty, though if her were so adjudicated, the sentences could run concurrently.
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Skibum says
His two previous DUI convictions obviously didn’t offer much, if any, of a deterrent because his irresponsible drinking and driving has continued. It is only by the grace of God that his criminal behavior has not yet injured or killed any innocent motorists. I hope the judge sees fit to sentence him to prison for his 3rd offense where he will have plenty of down time to reflect on his poor choices that put him behind bars (of the steel kind).
Ritchie says
Well said. Well deserved:(
Not only the less lucky in life have to pay.
ET says
Sentence him to intensive therapy involving probation. Don’t think incarceration helps in this particular situation. Or wait until the the theft case finishes before sentencing.
Dennis C Rathsam says
5 years in prison is nowhere enough! This fool could have killed someone!
Ken J says
LMAO! Could have killed someone? With a Golf Cart? I suppose its possible, but you’d have a real hard time pulling that off.
Concerned Citizen says
Not defending this guy but…
Does anyone recall the City Commisioner who struck a pedestrian with his truck? After having a drink or however many on the way home? And then was allowed to go home with no charges? Sorry whether you are legally druk is a moot point. You were DUI. And had FHP been involved like they were supposed to you would have gone to jail.
Does anyone recall the City Commisioner who got arrested on DV charges? Then got circled by the good ol boy network. Had his charges dropped? Then ran the victim out of town? I do. I remember all of it.
Yet for some reason this guy (poor choices not withstanding) is taking the brunt of this Commission. Wonder what the State Attorney thinks of all the unethical behavior committed by current office holders.
There’s more to this than we are being told. If he gets a maximum sentence after what other Commisioners have done he’s being sent out of the way. Don’t get on the bad side of FBBOC. You’ll end up getting life.
David says
I hope the jurors took into account the fact that the golf cart was indeed stuck in the sand, thus making it inoperable. If it’s inoperable, how can one get a dui? I feel he was dui at some point, but at that given second when approached by officers, with inoperable cart, shouldn’t technically be a dui…. just my opinion. Regardless of past charges. Facts only please.
Jp says
If I wreck into a building this rendering my vehicle inoperable after a free drinks does that mean I’m not DUI?
GR says
David – Google is your friend. Inoperable Vehicle Defense https://www.tampaflduilawyer.com/defenses/inoperable-vehicle/
flatsflyer says
Does this sum it up, the Council gets in bed with a local drunk who on a long term financially rewarding contract has to use a taxpayer funded public defender in an attempt to stay out of jail. I think there are additional cells available for FB Council members, who are too dumb to be allowed to be in public. If being stupid was a crime, our local politicians would fill up the Green Roof Inn.
Concerned Citizen says
When your council doesn’t act ethically it’s hard to expect ethical partnerships.
People have made light of the serious ethical behavior of two of the elected officials on the FBBOC. Forgetting they took oaths to do their jobs. And that oath holds them to high standards than a normal civilian. I’ve been retired from both the Airforce and Public Safety for sometime. None of my oaths have an experiation date.
If criminal charges had not been forthcoming on either of them then the State should and could pursue a Malfisience Of Office charge. If you are a sworn employee or office holder and violate your office it’s a Felony charge. And rightfully so. However once again folks looked away.
The really scary part FB citizens keep electing these folks back into office.
Wow says
On what planet do you keep renewing a contract with a person or LLC that neglects, or refuses, to produce financial reports? That’s just crazy. Hire another company and get on with business.
me says
Concerned Citizens makes a good point, not that I am defending this third time DUI guy by any means. The laws should be held up to everyone the same not just for some and not for others. I can’t comphrend a three time DUI person continues to do this which tells me any judge would be demanded this person after the second time to seek professional help for his drinking problem.
Why are the laws only obeyed for some and not others? A law is a law HELLO.