Despite his prosecutor's fears, Robert J. Vandyke didn't skip town after he bailed out of the Utah County Jail. But a judge ruled that the prosecutor's other concern, that Vandyke posed a threat to the public, was valid enough for her to order that he stay behind bars until he is sentenced for a recent felony DUI conviction.

When Vandyke, a 42-year-old Springville resident, was arrested in Spanish Fork and charged with felony DUI in September, Laycock set a $100,000 cash-only bail, a price that his family was unable to meet. But Vandyke's family bailed him out on Saturday, less than two weeks after he was convicted by a jury in Provo's 4th District Court.

"We're very pleased that he's been taken back into custody," said Deputy County Attorney Craig Johnson. "Residents of Springville and Spanish Fork can breathe easier tonight."

Johnson filed a motion to have Vandyke detained without bail, arguing that he posed a threat to society and was a flight risk. Attorneys for both sides agreed that Vandyke's presence at Wednesday's bail hearing allayed Johnson's fears of flight. But Laycock agreed with the prosecutor that Vandyke posed a potential threat to the community. In making her decision, Laycock cited Vandyke's plethora of convictions. Despite spending nearly five years in prison and 18 months on parole for the 2000 death of 36-year-old Michelle Bradley, he was arrested in Spanish Fork just three months after getting off parole. His DUI charge was a felony because of a state law that raises the charge from a misdemeanor if the defendant has had two or more drunk driving convictions in the past 10 years.

"Given that history, and given what's been offered to me by the defendant to show me that he is not going to be a risk to the community, I cannot find ... that he will not pose a danger to the physical well-being and safety of the community. For those reasons I revoke the prior bail," Laycock said.

Shelden Carter, Vandyke's attorney, told Laycock that his client would not pose a risk to the community if left free until his sentencing because he is being supervised under an in-home alcohol-monitoring program. Under the program, Carter said, monitors call Vandyke at least once every three hours -- usually every hour and a half -- and have him blow into a breathylyzer-type device to ensure that he hasn't consumed any alcohol, which had been a condition of his bail.

There's a "pretty good chance that we're going to catch any alcohol consumption," Carter said. "I think we have that assurance to the court that he does not pose any risk to society."

Laycock said she was concerned by the timing of Vandyke's release from jail, though Carter pointed out that he still attended the hearing, and that his parents would lose the $100,000 cash-only bail if he absconded. Robert R. Vandyke, the defendant's father, said they had to bail him out so he could have dental work done on two broken teeth that were not being properly addressed while he was at the Utah County Jail. He said Vandyke broke the teeth while in jail.

Vandyke's family also criticized the conviction, saying he was convicted in the press before his trial started. Vandyke's father said media coverage of the case was so heavy that when his daughter gave her last name at a restaurant so she could get a table recently, she was asked, "You related to the drunk?"

Jurors were instructed to avoid news coverage during the trial and were supposed to be unaware of Vandyke's criminal history, but the defendant's father said he believes they knew about the prior convictions.

"My son never had a chance," Robert R. Vandyke said after Wednesday's hearing. "You can't tell me the jury didn't know."

During the hearing, Laycock emphasized that the jury was not informed about Vandyke's history of drunk driving offenses.

"The jury was not told about his prior history for a very good reason, so they could judge this case ... on the facts alone," she said.

Vandyke was also charged with driving on an alcohol-restricted license, which was separated from the felony DUI trial so it would not give the jury any indications of his criminal history. The charge was dismissed after Vandyke's conviction.

Vandyke was arrested in September after a police officer responded to a citizen report of a possible drunk driver near a sports park in Spanish Fork. The officer saw Vandyke's car while en route to the park, and drove behind him until he pulled over after several blocks. The officer testified that Vandyke smelled of alcohol and refused several sobriety tests.

Under state law, anyone who refuses a sobriety test must have their license suspended for at least 18 months. At Wednesday's hearing, Carter said Vandyke's license has been suspended for two years.

Jeremy Duda can be reached at 344-2561 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it