Philip Curry thought he was having a heart attack.
On Sept. 8, 2007, he got in his car at his Jones Street address and drove to Carson Valley Medical Center 10 miles away on two flat tires and with a blood-alcohol content of .219, nearly three times the legal limit.
Douglas County sheriff's deputies, alerted to a drunk driver, arrested Curry in the emergency room at the medical center.
It was his fifth arrest for driving under the influence.
On Monday, District Judge Michael Gibbons sentenced Curry, 46, to 71Ú2 years in Nevada State Prison. He must serve a minimum of 26 months before he is eligible for parole.
It's Curry's second trip to prison with a harsher penalty as mandated by the Nevada Legislature.
Curry served eight months in San Quentin Prison for an earlier felony conviction.
He asked the judge to take his wife's failing health into consideration.
"San Quentin did a lot to me," he told Gibbons. "My wife is the love of my life and it hurts me to leave her. I am afraid for her, but I did this."
Prosecutor Michael McCormick said he was concerned that Curry was released after serving only half the sentence in San Quentin and went back to drinking.
"The prison system kicks them out as soon as they walk in the front door," McCormick said. "We want him under some form of supervision for a long, long time."
A few minutes later, Gibbons sentenced Phillip Gamez, 38, to 12 years in Nevada State Prison for his fourth felony DUI conviction. Gamez also has three misdemeanor convictions for driving under the influence.
Gibbons used the occasion to defend the court's sentencings for felony driving under the influence.
A letter in The Record-Courier suggested racism was the basis for a 12-year prison sentence Gibbons handed down last month for a 49-year-old Markleeville resident.
"I want to point out this person's race had no bearing," Gibbons said.
He said as a judge, it is his duty to protect defendants' rights.
"I never have left this courtroom thinking the person's race had any bearing on any sentence," said attorney Derrick Lopez, who represented Aaron Lundy, a Native American.
In Lundy's case, he had 11 convictions for driving under the influence, eight of which were felonies, Gibbons said.
"His record was much worse than this," Gibbons said, referring to Curry and Gamez.
Lopez, Curry's lawyer, said his client knew he shouldn't have been driving, but feared he was suffering a heart attack. It turned out to be an esophageal disorder.
"He didn't stop for aid or call 911," Lopez said. "He does know he can't drink and will get treatment as soon as he can in prison. He battles every day not to drink."
"It's the obvious intent of the court to give the longest time possible on the theory that the person is not changing their behavior and they are a threat to the public," Gibbons said.
Lawyer Tod Young, who represented Gamez said his client wanted officials to know his Native American heritage despite his Hispanic surname.
He was arrested Jan. 23 on Langley Drive with a blood-alcohol content of .19.
Gamez has failed parole twice and returned to prison to serve out the majority of his earlier felony sentences.
"I apologize to the community for endangering them," Gamez said. "I made bad choices in my life. I can't change overnight. I am going to change one of these days. I don't want to spend the rest of my life in prison."
Gibbons said it seemed unlikely Gamez would qualify for early release.
"Since you failed parole the last two times, I doubt you will get early release. You will kill somebody if you don't get help."
Both men were fined $2,000 and ordered to return to court following completion of their prison terms to set up payment schedules.
