Plea deal means Marco Island doctor spends holidays behind bars

William DeShazer/StaffMarco Island doctor Andrew Guidry appears in Collier County Court for a domestic violence probation hearing on Wednesday, Dec. 5, 2012.

Photo by WILLIAM DESHAZER, Naples Daily News // Buy this photo

William DeShazer/StaffMarco Island doctor Andrew Guidry appears in Collier County Court for a domestic violence probation hearing on Wednesday, Dec. 5, 2012.

Andrew Guidry

Andrew Guidry

A suspended Marco Island doctor jailed last month will spend Christmas in the county jail for violating probation and a restraining order after his estranged wife walked into his home twice.

Hours after he was sentenced Wednesday, the First District Court of Appeal in Tallahassee stayed Dr. Andrew Guidry's license suspension, which stemmed from a 2009 soliciting prostitution charge involving a former patient. The charge was dismissed after he completed a pretrial diversion program.

The state Board of Ostepathic medicine previously held a hearing and suspended Guidry's license Nov. 26. The appeals court's decision will allow Guidry to fight to keep his license.

"When they had that hearing before the board, Dr. Guidry was in jail, so he didn't have the opportunity to be heard," his defense attorney, James Karl of Marco Island, said. "If that appeals court thought that there was anything to it, that he was a dangerous person, they would not have granted the stay."

The appeal was filed Dec. 6 by attorney Frank Recker, who represents Guidry in the medical case. It will be heard after Guidry's release.

The news came after Collier County Court Judge Vince Murphy sentenced the 49-year-old doctor to 180 days for violating sentences in three misdemeanor domestic violence cases involving his estranged wife, Catherine. With credit for time served since his Nov. 14 arrest, and time spent in an alcohol residential treatment program, Guidry will spend 56 more days in jail.

It was a plea deal negotiated by Karl, defense attorney Shannon McFee, who represented the interests of Guidry's wife, and Assistant State Attorney Jennifer Toussaint.

The plea staved off a bond hearing, which would have been Guidry's third attempt. Catherine Guidry, who prompted the violation when she picked up their two young children at his home, was successful in getting the judge to lift the restraining order last month, saying she needed his help and works in his office, which another doctor is managing.

The judge, a retired Army colonel who served time in Vietnam, reminded Guidry, a retired lieutenant colonel, he outranked him.

"So, I'm telling you: Don't repeat your behavior," Murphy said, warning him he'd be standing before County Judge James McGarity, a retired lieutenant colonel.

"Yes, sir," replied Guidry, who wore green jail overalls over a gray sweatshirt. "I don't want to see the colonel."

McGarity, a former county magistrate who won election over longtime County Judge Eugene Turner, sat just feet away, watching.

"This conduct in here is so incongruous," Murphy added. "For somebody to do so much good, to do things that are silly, it's an exhibition of defiance."

Guidry, a former Marco Island City Council candidate, is known for his charity work and military service — 27 years in the National Guard, serving as a battalion surgeon in Iraq in 2003 and corpsman in Beirut in 1984.

His troubles began in June 2009, when he was arrested on a misdemeanor battery charge for fighting with his wife. That August, he was arrested on the solicitation charge after the patient alleged he offered to perform a medical procedure she couldn't afford in exchange for sex; police taped her phone call.

This was Guidry's seventh arrest since 2009. Most involved domestic violence allegations, his estranged wife and their pending divorce. Except for four misdemeanor convictions for violating the restraining order, the State Attorney's Office dropped all because his wife didn't want him prosecuted.

The soliciting charge didn't end in a conviction because he completed pretrial diversion. Guidry has maintained it was joking banter between two old friends. He's still fighting a foreclosure involving his office and former business partner, who killed himself there.

"This kind of stuff in the newspaper, we can say it's hurting your practice, but it should be an arrow in your heart," Murphy said of his arrests. "It's time to get back on your feet. Each step you take in the right direction is a step in restoring that. ... You've got a lot of good that you can do for your community and I expect you will do that."

"Yes sir, I will," said Guidry, who told the judge he'd been reading "The Seven Habits of Highly Effective People." He apologized for violating probation.

Catherine Guidry declined to comment, but McFee said she was happy with the resolution. Karl said the sentence might appear harsh, but probation is a privilege and he'd violated it.

"I think the doctor has realized that when you go on probation, you follow those rules regardless of how silly you think they may be," Karl said. "If you violate even one, the privilege is revoked and you face severe punishment, which he has."

© 2012 marconews.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Comments » 2

2themoon writes:

Man o man Naples Dailey News, did this Guidry guy do something to pis$ u people off or what? Yes we get from your weekly articles on him (in which you redundently go over his loser life) that the guy is a menace to society..whatever?
Perhaps you should focus on some of the well to dos that have been busted on Marco lately that were never printed in this rag. Why is that? Guidry is front page news and some realtors, leadership Marco candidates past and present, Marco eagle volunteers of the year...etc.. ' slip by' your moral compass on who should be dragged through the mud on this island? Guidry should sick his attorneys on the Marco Eagle after he clears his name.

captnjimbo writes:

Some time ago the Eagle reported that the "patient" was an ex lover.

2 the moon makes an interesting point, but I don't think it is the Eagle that's after him...but it appears somebody is...

His personal behavior has been unacceptable and it might appear that he was in defiance of the restraining order...but it also appears that he and his wife have made a deal and he was helping...there is definitely a disconnect here but technically by having contact, no matter who initiated it, he defied his restraining order. Bad cirumstances. I hope he gets this behind him.

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