photo by: Chris Conde/Journal-World

Dustin Lee Welch appears at a hearing on Dec. 30, 2024, in Douglas County District Court.

A Douglas County judge on Wednesday sentenced a Topeka man to two years in prison in connection with his fifth DUI.

The man, Dustin Lee Welch, 45, had indicated recently that he wanted to withdraw from a plea agreement because one of the sheriff’s deputies involved in his case had been decertified as a law enforcement officer for conduct involving dishonesty and his defense counsel was not notified.

Welch pleaded no contest in September 2024 to his fifth DUI, including four in Douglas County and once in Woodbury County, Iowa, as the Journal-World reported.

As part of the plea deal, the state agreed to dismiss additional charges of felony criminal threat, driving while suspended and interference with law enforcement. The state also agreed to support a reduced prison sentence from 39 months to 24 months in prison.

On Wednesday, Welch did not try to get out of that agreement and was sentenced by Judge Amy Hanley to 24 months in prison.

In December, Welch had indicated that he was entertaining the idea of backing out of the deal when his attorney, Angelo Panas, asked the court to sanction the District Attorney’s Office for failing to disclose that a Douglas County sheriff’s deputy involved in Welch’s arrest had been decertified, as the Journal-World reported.

The former deputy, Donn Dunkle, was fired from the office in February 2024 for stealing chips and soda from a local school. The sheriff’s office notified the DA’s office shortly after Dunkle was terminated, but the DA’s office never notified Panas that an officer in the case might be “Brady/Giglio-compromised” with a record of dishonest conduct.

Brady/Giglio, named after two U.S. Supreme Court cases, refers to the evidence that the state must turn over to the defendant to prepare a criminal case, including evidence favorable to the defendant and evidence affecting the credibility of witnesses for the state.

Panas had asked Hanley to sanction the DA’s office for failing to inform the defense of the issue, but Hanley declined to do so at the December hearing and continued Welch’s sentencing date to Thursday, when Panas could ask the court to withdraw the plea and pursue sanctions or go on to sentencing.

Assistant District Attorney Adam Carey said after the hearing that Welch didn’t file an additional brief on the matter or ask the court to withdraw Welch’s plea. He said Welch simply followed through on the deal, which already dismissed an additional felony charge and reduced his prison sentence considerably.

“All of that hoopla for nothing,” Carey said.