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Former No. 1 pick Matt Bush will be in prison until 2016

Dec 19, 2012, 9:40 AM EST

Matt Bush mugshot

Matt Bush pleaded no contest to driving under the influence with serious bodily injury following a spring training DUI arrest for hitting a 72-year-old motorcyclist in Florida and when it came time for sentencing yesterday the former No. 1 overall pick opted for extra prison time.

Joe Smith of the Tampa Bay Times reports that prosecutors gave Bush the choice of taking three years in prison and seven years probation or four years in prison and no probation. He took the longer prison sentence, with his attorney explaining that getting out earlier to be on probation would have been a “disaster waiting to happen” for Bush considering his lengthy history of alcohol-related problems.

He’s already spent nine months in prison, so the time served was factored into the sentencing and Bush will be in prison for another three years and three months. And because it was the 27-year-old’s third DUI his license has been revoked for 10 years.

Smith writes that the 72-year-man Bush hit “is on pain medication, sleeps a lot, and has trouble remembering things” nine months after the incident, which caused a broken bone in his back, broken ribs, and brain hemorrhaging. The man’s family is upset that Bush will not have to be on probation once he’s out of prison in 2016 and has filed a $5 million civil lawsuit against him.

Bush was drafted first overall by the Padres out of high school in 2004 and signed for a $3.15 million bonus. He was in spring training camp with the Rays at the time of the arrest and was released by the team in October.

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