A man who escaped from the Cherokee County jail on Jan. 2, 2004, was sentenced this week to two indeterminate terms not to exceed five years, the sentences to run concurrently.
On Jan. 2 at 4 p.m., Brian LeRoy Dubray, who was 21 at the time, went over a fence in an enclosed outside exercise area at the jail.
Dubray had been arrested in Jan. 2004 on a South Dakota warrant and was also being held on charges by the Cherokee Police Department of interference with official acts, no drivers license and OWI. He had been arrested in Cherokee at 2:40 a.m. on the day he escaped.
The chain link fence surrounding the exercise area was topped with more chain link fencing secured to the vertical fencing by wire ties. Sheriff Dave Scott said the ties had apparently deteriorated from exposure to sun and rain. In a matter of seconds, Dubray scaled the fence, pushed his body into the fencing that topped the enclosure and busted the ties.
Dubray was in custody in South Dakota, serving a prison term, and was returned to Cherokee in Dec. 2004. Dubray subsequently pleaded guilty to the charges and was sentenced Monday on convictions of "leaving the state to avoid prosecution" and "escape from custody."
Dubray will begin serving his sentence in Iowa upon his release from prison in South Dakota.