photo by: Kim Callahan/Journal-World

Dustin Lee Welch, left, appears with his attorney Angelo Panas Tuesday, Sept. 24, 2024, in Douglas County District Court.

A man who was scheduled to stand trial this week for his fifth DUI instead pleaded no contest to the offense in a last-minute deal that let him evade several other charges.

Dustin Lee Welch, 44, of Topeka, was found guilty Tuesday in Douglas County District Court of an incident on Sept. 4, 2022, in which his blood alcohol level was nearly three times the legal limit of .08 — the fifth time he had been caught driving under the influence, including three other times in Douglas County and once in Woodbury County, Iowa.

In exchange for his no contest plea to the offense, the state agreed to dismiss other charges, including felony criminal threat, driving while suspended and interference with law enforcement.

The state, represented by Senior Assistant District Attorney Adam Carey, also agreed as part of the plea deal with defense attorney Angelo Panas to recommend a sentence of 24 months in prison.

Judge Amy Hanley explained to Welch that under the Kansas Sentencing Guidelines he likely faces 34 to 38 months, given his criminal history score. She noted that the parties had recommended 10 to 14 months less than that, and she advised him that she is not obligated to follow their recommendation when she sentences him on Nov. 6.

Prior to Welch entering his plea he tried to get Hanley to appoint a new attorney for him, saying that he wasn’t happy with Panas and that they “have never seen eye to eye.”

Hanley replied that Panas had effectively represented Welch, had prepared for a trial that was supposed to begin that very morning and had given Welch advice “that’s true, honest and accurate.”

“Not many people see eye to eye with you,” Hanley said before ultimately denying Welch’s request.

Kansas Department of Corrections records indicate that Welch has served time for aggravated robbery and kidnapping in a commission of a crime, stemming from convictions in 1999 in Douglas County.