By Jim Hannah
The Cincinnati Enquirer

COVINGTON - An Iraqi war veteran will serve no jail time for leading police on a car chase his own defense attorney said was worthy of a television reality show.

"The jury was sympathetic to the fact (the defendant) was a soldier who had been on the front line of battle," said Ken Easterling, chief prosecutor for the Kenton County Attorney's Office. "It is tough to put a soldier in jail while we are at war, and two days before Christmas."

Easterling had failed to persuade the jury of five men and one woman that the soldier, Spc. Jesse Holden, should be sent to jail for the maximum 12 months. Easterling argued Holden placed pedestrians and police in harm's way during a six-minute car chase in which he drove head-on into two police cruisers, wrecked several cars and reached speeds in excess of 70 mph.

The jury did, however, recommend Holden pay an $851 fine. Kenton Circuit Judge Douglas Grothaus adopted the recommendations Tuesday after adding some conditions of his own. Holden, 20, of California lost his license and will be required to complete an alcohol abuse program operated by the military and pay restitution.

In an unusual step, a jury was empaneled Monday to recommend a sentence in the case after Kenton County Commonwealth Attorney Bill Crockett reduced a felony fleeing charge to a misdemeanor, and Holden pleaded guilty to a battery of misdemeanor charges stemming from the chase.

A furor among Kenton County's five Fraternal Order of Police lodges erupted after the plea agreement. Covington police officers have been sensitive to motorists who put officers' lives in danger by fleeing since a fellow officer fell to his death in 1998 while chasing a suspect across an Ohio River bridge.

Holden's defense attorney, Jennifer Westermeyer, emphasized that her client had pleaded guilty and was taking full responsibility for his actions, but she said any jail time would end Holden's budding military career.

"He (Holden) signed up at 17," Westermeyer told the jury during opening arguments. "He went to boot camp at 18. A few months later 9-11 happened. He was immediately shipped off.

"Now, after the horrific things he has seen and done, we want to send him to jail. There is something wrong with that. He deserves more from his country."

Westermeyer called two character witnesses, both sergeants Holden had served under.

Sgt. Sherman Jones took the stand and called Holden a "tip-top soldier" before the DUI arrest. Holden was Jones' Humvee driver in the opening days of the war.

"He had an outstanding reputation," Jones said. "He is desired by other non-commissioned officers to be their driver. He was excellent at what he did."

Ironically, attorneys pointed out, Holden appeared to use some of the same evasive driving skills he was taught by the Army to avoid nine Covington police officers during the car chase.

"There has been a lot of flag-waving in this hearing," Grothaus said after the sentence. "I commend you and your fellow soldiers for what they did in Iraq, but you have a duty to carry yourself in an honorable manner. You did not do that in Covington."

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E-mail jhannah@enquirer.com