90 days in jail part of probation
January 28, 2011
A 47-year-old Dayton mother who admitted smoking marijuana just days before her sentencing Tuesday was ordered to serve 90 days in Douglas County Jail as part of a suspended sentence for grand larceny.
Lea Elizabeth Bacon-McCauley, showed up for court with her attorney, Virgil Bucchianeri, after missing several hearing dates and appointments for probation reports.
The defendant told District Judge Dave Gamble she had been undergoing counseling and was on a waiting list for a inpatient drug rehabilitation program.
Bacon-McCauley said she was working with church officials for additional counseling.
Gamble had her tested and she admitted using marijuana on Saturday.
Bacon-McCauley was arrested Aug. 28 for shoplifting at the Clear Creek Plaza Walmart. Security officers said she and three children were shopping at the store and removing tags from items amounting to $469.58.
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Prosecutor Erik Levin recommended Bacon-McCauley be sent to prison.
“This is somebody who hasn’t done a single thing you asked her to do,” Levin said. “She missed six appointments with parole and probation. She comes late or misses court. She’s not honest. She’s teaching her kids how to steal and use drugs.”
Bacon-McCauley admitted she “hadn’t been quite honest with the court.”
She said she was a methamphetamine addict, but hadn’t used meth for 13 days.
“I want to be a better person so I can be there for my daughter. I know I was wrong for what I did. I apologize for my behavior, for stealing. I have no desire to use,” she said.
Gamble suspended a 2-1/2-year prison sentence, but placed Bacon-McCauley on probation for five years.
Terms include 90 days in Douglas County Jail, successful completion of Western Regional Drug Court, and abstention from drugs and alcohol.
“I have very seldom had anyone ignore me as much as you have. I have suspected your meth use since I first saw you. Your daughter doesn’t need a tweaker, she needs a mother,” Gamble said.
He told Bacon-McCauley she could request in-patient substance abuse treatment as part of her 90 days in custody.
“This is your one opportunity to not go to prison,” he said. “If you flake on drug court, I promise you that I will send you to prison.”