Cincinnati (AP) -- A judge in Cincinnati has sent home a 92-year-old man who ended up in jail rather than a treatment center following a drunken driving conviction.
Hamilton County Municipal Court Judge Nadine Allen had given the man a mandatory 10-day sentence on his second conviction.
But she expected he would serve it at a treatment center.
He was turned away because of health and medication considerations, and ended up spending five days in jail instead.
His family says officials claimed the jail is too crowded, but that it would be far better to hold possibly violent criminals rather than an elderly man who had suffered a stroke.
The judge agreed and told Clifford Allen on Friday to go home and serve the remainder of his sentence there.
(Copyright 2009 by the Associated Press. All rights reserved.)