RIVERBANK -- Mayor Virginia Madueño called Tuesday for City Councilman Jesse James White to resign after his arrest early Monday on suspicion of felony drunken driving and child endangerment.
This is White's second arrest involving drugs or alcohol since May 2010. And White, 23, was on probation for misdemeanor "wet and reckless" driving when he was elected in November 2008.
"I believe he needs to step down for obvious reasons," Madueño said. "Unfortunately, unless he makes the decision, there is nothing that we as a council can do. But the public can make its voice known. But the question is, will he listen?"
The City Council meets Monday, and city officials expect a large turnout because of White's arrest. Interim City Manager Pam Carder said as of Tuesday afternoon, about a dozen residents had called asking why White still was on the council.
Carder said the city typically doesn't get more than two or three calls on an issue.
Madueño said she has received dozens of phone calls from residents, saying they are embarrassed by White's actions.
White has not returned phone calls left with him and with family members.
His council seat expires in November; White has not said whether he will run for re-election.
Witnesses have said White ran away from a traffic accident about 1 a.m. Monday in neighboring Oakdale, leaving his bleeding 4-year-old son behind in his smashed-up Corvette. Bystanders tackled White and held him until police arrived.
Police officers noticed the strong odor of alcohol on White, his speech was slow and he could not stand on his own, according to a police news release. Interim Police Chief Lester Jenkins said blood was taken from White to determine his blood-alcohol level, but the results are not in.
White's son had a bloody nose from the Corvette's air bag. Witnesses said he was in a booster seat with a seat belt strapped over it.
The accident happened on F Street near Mann Avenue. White reportedly slammed into a parked car, which then rammed a parked truck.
A professor at the University of the Pacific's McGeorge School of Law in Sacramento said someone with White's record could go to jail if convicted in the most recent incident.
Professor Michael Vitiello, who specializes in criminal law, said it's difficult to predict case outcomes because prosecutorial discretion and other factors vary widely from county to county.
But Vitiello said prosecutors take notice when someone is suspected of injuring someone, causing property damage and fleeing.
"Those are the things that get the attention of prosecutors," he said. "Could he go to prison? He certainly could. Would I predict he would? Probably not. But I do expect some type of incarceration (if he were convicted)."
Stanislaus County Assistant District Attorney Carol Shipley said Tuesday that prosecutors have not decided whether to charge White. He is scheduled to be arraigned March 21 in Superior Court and is not in custody after posting bail early Monday afternoon.
White has been a lightning rod on the council since his election in 2008:
A 2009 county civil grand jury report concluded he was not a registered Riverbank voter when he took out his papers to run for council. The report recommended the city remove White from office, but city officials said then they lacked the authority. White said he complied with all requirements when he ran for office.
He survived two recall attempts mounted by Councilwomen Dotty Nygard and Jeanine Tucker before they were elected to the council.
White was charged in 2010 with felony possession of cocaine and misdemeanor drug counts after police said they found marijuana and cocaine in his home and marijuana in his vehicle. In May, he pleaded guilty to a misdemeanor drug charge, allowing him to stay in office. A felony conviction would have resulted in White's being removed from the council.
Mayor Madueño and Nygard and Tucker voted last year to seek court action to have White booted based on the findings of the grand jury report. Councilman Richard O'Brien voted against the action, saying it would be a waste of taxpayer money. The City Council abandoned its efforts to remove White this month after spending more than $53,000 in legal costs.
O'Brien said he will not call for White to resign. "That's his decision and no one else's decision."
Tucker has joined Madueño in saying White should resign. Nygard could not be reached for comment.
Bee staff writer Kevin Valine can be reached at kvaline@modbee.com or (209) 578-2316.