Fugitive convicted of vehicular manslaughter captured

May 1, 2014 

David Leroy Persons

A Boise man who spent less than three weeks out of prison before a warrant was issued to take away his freedom was back in jail Wednesday night.

David Leroy Persons, 32, was spotted Wednesday evening by undercover police officers walking near the intersection of Cole and Overland roads in south Boise. Police searched the area after receiving an anonymous tip, according to the Idaho Department of Correction.

Persons was taken into custody without incident at about 10 p.m.

Persons spent six months in prison, beginning in September, after being sentenced to two to 10 years in prison for the 2012 death of his stepdaughter, 4-year-old Pearl Sittner. Boise County Judge Patrick Owen retained jurisdiction and after Persons completed an intensive drug and alcohol treatment program in prison, Owen placed him on probation and released him on March 13.

Pearl died after Persons drove his 1998 Subaru Forester off Arrowrock Road on Aug. 9, 2012. The youngster drowned after the vehicle plunged 70 feet into Lucky Peak Reservoir.

A dive team from the Boise Fire Department responded and performed CPR on the child. She died before an air ambulance arrived at the scene.

Persons had a blood alcohol level of .09 percent, above Idaho's .08 percent limit for drivers.

A warrant for Person's arrest was issued April 1, after he failed to maintain contact with his probation officer, according to court records. The Idaho Department of Correction issued a public bulletin April 14 seeking the public's help in locating Persons.

If found guilty of the probation violation, Persons could be ordered to serve the full sentence of two years to 10 years on the vehicular manslaughter charge.

In exchange for pleading guilty to vehicular manslaughter, Owen dismissed charges of drunk driving and driving without privileges.

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