Hart waived back into adult court
ELKHORN Krystal Hart knew she wasn’t supposed to drink.
The 16-year-old was out on bond after being charged with killing a man in a November drunken-driving crash.
But her parents were out of town on March 15, and she was spending the night with a friend.
They went to a party.
Later that night, officers responding to a loud-party complaint arrested Hart on charges of obstructing an officer and bail jumping. Police said she gave a fake name and had been drinking.
Hart will face those accusations and the earlier charge of homicide by intoxicated use of a vehicle in adult court, Walworth County Judge John Race decided Friday.
The crime she committed was serious, District Attorney Phil Koss said, and the services offered by the juvenile court aren’t sufficient.
"Krystal’s needs are profound," Penny Nevicosi, a social worker with the Walworth County Department of Health and Human Services, testified Friday.
The juvenile court can only serve Hart until she turns 18. She turns 17 in less than a month.
"Oftentimes to address this level of behavior, we need more than a year," Nevicosi testified.
She said the juvenile court is "inept" and lacks the resources of the adult court. Juvenile court puts on emphasis on the family, and she said it’s "questionable" whether Hart’s family would be adequately supportive.
Nevicosi said Hart’s mother wasn’t concerned that her daughter might have a substance abuse problem and her father became upset and angry when she asked about obtaining treatment for his daughter.
She recommended Hart be waived into adult court.
"We would do her a disservice because we only have one year to manage her behaviors," Nevicosi said.
Hart was charged as an adult after the Nov. 3 crash in which Everado Chimal-Lopez, 54, was killed when his vehicle collided head-on with the car driven by Hart. Police say Hart was driving over the centerline.
At the request of the defense, those charges were dismissed April 17 and new charges, including charges from Hart’s arrest March 15, were filed in juvenile court.
On Friday, defense attorney Jim Martin said Hart should remain in juvenile court because it’s designed for treatment rather than punishment.
"Give her the opportunity to be rehabilitated and rebuild her life," he said.
Therapist Julie Rice testified Friday for the defense. She said she doesn’t believe Hart is an alcoholic or a drug addict. She said Hart’s use is "occasional" and "situational," and she hasn’t found it necessary to refer her to alcohol or drug treatment.
"She had her life together up until this accident," Rice said.
She said the services offered by the juvenile court are sufficient to "help her put everything together that needs to be put together after this tragic accident."
Rice said Hart would endure "a lifetime of difficulty" because of the incidents.
Hart’s mother, Pamela Hart, said she isn’t opposed to alcohol and drug treatment for her daughter but has relied on her daughter’s therapist for direction.
"This is all new to me," she said.
Race said what happened in November wasn’t an accident.
"I don’t know if she understands the seriousness and the severity of her conduct," he said.
Hart is free on a signature bond co-signed by her parents. Under the conditions of her bond, she is prohibited from drinking alcohol or using drugs and from "finding herself in places where people are doing that," Race said.
Her initial appearance in adult court is Friday, May 2.
May 20, 2008 at 3:21 p.m.
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*Looks like a older brother too.. Patrick J. Hart has the same address on ccap.The apples don't fall far from the tree sometimes. It makes sense why dad was upset when told daughter has drinking problem. SAD! SAD! SAD! Did I say SAD !*
Actually, it looks like those court cases are for the father. All the entries for that name have DOB as 5/18/58 but that one has 5/85, which must be a transposition.
The arrests consist mostly of drunk driving and disorderly conducts, too, so for the mom to say "This is all new to me" it seems somewhat disengenous.
May 1, 2008 at 2:45 p.m.
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jennowens8888, you said, "You will never be able to go to college, maybe when you get out you will be lucky if the car wash will hire you and you will never get a chance to try to help your self and help others so they don’t make the same mistake."
I'm hoping that once she has some time to sit and realize how selfish she was, perhaps she WILL be able to reach out to kids who are straight A students, with no prior run-ins with the law but who think, in error, that they will not get themselves into a situation like this. Perhaps her experience, if she chooses to share it, will convince someone else from making the same bad choice she made. Perhaps her experience will have a good ending. Perhaps.
She might have an opportunity for college, and she may be able to get a good job after she pays her "debt to society". But the choice, again, is HERS. Let's hope she makes some better choices in her future than she has made recently.
Nothing she does will assist the person that was killed because of her bad choice.
May 1, 2008 at 1:49 p.m.
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jen: If she truly was sorry and it was ONE mistake then why did she go back out drinking again? I understand your feelings and any good friend of someone is going to defend them but you also must look at the whole situation and how many others have been affected by her decision (mistake). Of course they have a right to be angry especially when she was caught drinking again. To them it is like a slap in the face and as if she learned nothing from the experience. Our family knows someone who was involved in an accident and it wasn't a drinking and driving accident and he wasn't at fault but someone in the other car died and he has been so upset since it happened. He feels so bad about the loss of a human life and it wasn't even his fault. I can only imagine how I would feel in that situation and then you see all the many, many drunk driving accidents that kill and you hear of them doing it again and it angers you that they care so little for others or themselves for that matter. When you are young you think you're invincible and that stuff like that doesn't really happen or at least won't happen to you, you're young. But it does, and people get hurt or die and you have to live with what you have done the rest of your life or worse, you die and you are only 15,16, whatever...Part of growing up is making your own decisions. You want to do what you want and not what your parents, or teachers or other adults tell you to do. Life isn't easy, making decisions is hard sometimes;especially if your decision goes against what your peers might want.But ultimately you have to make your choice and you have to live with the consequences of that choice. She didn't say " Hey I think I will go out and hit someone with my car tonight." but she made the decision to get in her car and drive after she had been drinking. She killed someone because she made that decision. She affected others with her decision. Then she went out drinking again (her choice therefore her consequences)knowing she wasn't supposed to be doing that. People are angry, hurt, sad, confused, many different emotions. They are wondering why?
May 1, 2008 at 12:50 p.m.
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I know what Krystal has done is wrong and can never be changed but she still should be able to be treated and maybe one day has a chance at life. Do you know if she would have had a prior offense she could have been tried as a juvenile and they could then extend juvenile punishment for up to an additional 5 years? Do to the fact this was a good child with good grades who didn’t run into the law before she has to be punished threw adult court because they cant extend juvenile "the treatment" w/o a prior offense rather then through her w/ a bunch of adults in a prison, In prison w/ a bunch of rapist, murders (intentional) and people w/ some serious mental problems. This was a teenager, doing what teenagers do and who made a wrong decision and mistake, which we all have done. Now she will eternally pay the rest of her life for that then rather gets the chance to rehabilitate her self. Is it not punishment enough to know you wont get to graduate from H.S. after being a straight A student your whole life.. You will never be able to go to college, maybe when you get out you will be lucky if the car wash will hire you and you will never get a chance to try to help your self and help others so they don’t make the same mistake. 90% of all people that go to prison return to prison. Its damaging psychologically never the less everything else. Just the way they system is set up for treatment I don’t find adequate!
Apr 29, 2008 at 10:29 p.m.
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heres an idea that the court system has gotten away from start holding the parente responsible for the actions of their minor children quanrtee if parents were lock up for their children behaivor there would be less underage drinking etc
Apr 29, 2008 at 2:44 p.m.
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I am attaching a link regarding a 22 year old who was just convicted of DUI-2nd offense.
http://wcca.wicourts.gov/caseDetails.do;...
His driving after revocation (due to 1st DUI) was not punished. He received a sentence of 30 days in jail.
Until judges and district attorneys decide that this is a problem big enough to do something about, it will continue to be a problem we read about in the Gazette everyday...
something has to change!!!
Apr 29, 2008 at 1:39 p.m.
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miyata312, you are on the right track! The trouble I see, is I don't think the jails could keep up...
and unfortunately, it doesn't appear that people who drink and drive take the problem seriously enough.
Apr 28, 2008 at 6 p.m.
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yes seabee....you and i will make one heck of a double play combination! this girl's behavoir is just downright revolting. and the parents?....oh my goodness!
Apr 28, 2008 at 5:23 p.m.
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and people wonder why wisconsin is in 1st place for having the most drunk drivers in the country. we do nothing to punish them. and as far as revoking there licence that is a joke they will drive anyways. i definitely think if she was out at another party within months of killing someone she will never learn. lock her up!! lets show these kids we are done playing games.
Apr 28, 2008 at 4:48 p.m.
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Yeah, she has a chance at rehabilitating, about as much of a chance that I have playing short-stop for the Cubs.
Apr 28, 2008 at 4:32 p.m.
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If she is an attorney, I'm the attorney general.
Apr 28, 2008 at 1:42 p.m.
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Interesting that the attorney poster who ranted at the legal system for moving this back to juvenille court and said it would never make it back to adult court and the only punishment Hart would face would be akin to a slap on the hand, blah...blah in the previous discussion of this topic hasn't chosen to comment at this point.
Cat got your tongue??
Apr 27, 2008 at 8:38 p.m.
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Nail any one of those underage kids at the party with multi-thousand dollar fines and revocation of driving privileges for 10 yrs. As for Hart. She has no business ever driving a car again.
1st DUI should be a wake up call that you have a problem.
2nd should be 2 yrs jail. 10 yrs revoked
3rd should be a felony and 25yrs with banned from driving for life.
Killing someone driving drunk should be tried as 2nd deg homicide minimum.
Quit coddling the drunk drivers.
Apr 27, 2008 at 6:34 p.m.
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Prevention-What committees have you formed?
Apr 27, 2008 at 6:15 p.m.
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Prevention should form a committee and include the social worker, Penny Nevicosi, the defense attorney, Jim Martin, and the therapist, Julie Rice, and go see the family of Everado Chimal-Lopez, the man Ms. Hart so flippantly relieved of his life and explain their superior concepts of compassion and theories of rehabilitation and how proud the family should be that their loved one has made such a contribution to the reclamation of this needy and worthy youngster. I'm certain the family will be as overcome with compassion as Prevention is for this young lady. The committee can then explain where justice fits in with all this compassion taking up all the space in the courtroom.
Apr 27, 2008 at 4:47 p.m.
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prevention. you claim you must be in the wrong country because YOU actually care about other humans....nowhere did you mention your sorrow for the VICTIM of her HOMICIDAL behavoir. so, enjoy your new home in IRAN!
Apr 27, 2008 at 2:15 p.m.
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well, yes, truth1, killing people is definitely a sign of the lack of morality and values...I, perhaps, misunderstood that you were speaking mostly to the fact that she killed while she was driving...and not that she was, in fact, living a life of selfishness and disregard for fellow man.
What a different life we would be living if, indeed, the punishment was equal to the crime committed, and not reinforcing to the teens that one can get away with whatever they want as long as there is a defense attorney, mommy and daddy's money, or prosecuting attorneys that are too wrapped up in all the other, "higher-prioritized" criminals to attend to...
I never thought I'd say it, but just like my grandfather said to me in the 70's...."this world is going to hell in a handbasket."
Apr 27, 2008 at 1:43 p.m.
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prevention-I'm 59 years old... not that I don't care about kids/families!! I have/am on committees,volunteer, active in my community etc.etc.We have raised 5 children that are upstanding adults that are raising their own to be the same.When our boys were teenagers do you really think that they didn't have peer pressure? They knew what we as parents had taught /shown them to be right vs wrong.
Apr 27, 2008 at 12:38 p.m.
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diamondback, get a committee together, or work on the ones that are already out there, that have this as their focus/mission. Yes, I do agree that it starts at home, but there's a short circuit in homes that are, for lack of a better word, dysfunctional. It's a child's life that we are talking about. She still has the chance of rehabilitating.
Apr 27, 2008 at 12:28 p.m.
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Since Krystal's parents co-signed her bond, will they be held in contempt when she breaks her bond conditions again? (Notice I said when and not if.....)
Apr 27, 2008 at 9:02 a.m.
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prevention-That was real nice. As I said it starts at HOME. Do you think if a outsider TRIED to help this dad/mom that they would listen to one word that you/I would have to say ???Now Krystal may/would have been different,when most/not all kids are raised by parents with substance abuse that's all that they know to be normal...That's the sad part..kids learn by what they see their parents doing ????If you have any ideas on how to change that?? I agree always leave the door/window open for a child to talk to you and that helps more than you could know !
Apr 26, 2008 at 11:12 p.m.
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Just because this person is 16 and mixed up doesn't mean she isn't aware of people of all ages that commit killings with motor vehicles with very little consequences.
Apr 26, 2008 at 11:06 p.m.
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Well, isn't killing people "lack of morality and values"?????
Wouldn't it go a long ways if every time someone killed a totally innocent person, they immediately got the prison time the crime deserves?
Apr 26, 2008 at 10:47 p.m.
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truth1, no offense, but I don't think it has anything to do with "gasoline-power weapons", but the lack of morality and values in American families. If moms and dads don't care about their own children, who will? Schools? nope. too many problems and not enough revenue/resources. Churches? nope. not enough trained volunteers to notice the red flags and not enough children attending. Social Services? only AFTER the problems are SO SERIOUS that the help they can offer isn't effective.
I don't know what the answer IS, but I can sure point out a lot of areas where it is NOT. Parents have an obligation to not only their children (whether or not they are happy to be parents) AND the community to teach their children the difference between right and wrong.
Apr 26, 2008 at 10:30 p.m.
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Stuff like this happens because our criminal "justice"(laughing)system has no problem with murder and reckless injury as long as the weapon is gasoline-powered.
Apr 26, 2008 at 10:18 p.m.
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<<<<<<<<<<<HELLO...IS THERE ANYONE OUT THERE? NOD IF YOU CAN HEAR ME...
Apr 26, 2008 at 10:15 p.m.
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Thank you diamondback for proving my point. I try to introduce ideas, but it's people like you that shoot them down without trying to help brainstorm.
And, that is why I didn't add any ideas... I was thinking that educated adults like yourself could help start brainstorm here.
Obviously, I thought wrong.
So, please, next time you got to bash someone else, bite you tongue. Don't worry, when you bite it off, I'd try to help you figure out what the underlying reason was that caused your tongue to fall off.
Thank you for your insight.
Apr 26, 2008 at 10:05 p.m.
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I have no prior knowledge of this family, but by reading this report, it sounds like excuses, minimizing, alcohol and possibly other drug addictions and co-dependency behaviors run deep into the make-up of this family. Mom buries her head in the sand and doesn't accept responsibility for leaving a minor home alone, dad gets angry when suggestions that alcohol may be an issue that needs to be dealt with. Kid is out partying like nothing ever happened...
*heavy sigh*
Apr 26, 2008 at 9:56 p.m.
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well, personally I think that more needs to be done to help at-risk FAMILIES. Is there an "aptitude" test, of sorts, that young mothers and (yes!) fathers take in order to better predict their parenting tendencies(or lack thereof)? There will never be instilled values or logical or natural consequences learned if children are ignored, unloved, abused, spoiled rotten or "mommy's precious angels", these problems will just get worse and the cycle of dysfunction will never end.
At least if we know that a parent isn't adequately prepared, we can intervene before they or their children are killing people, tying up the court system and living the rest of their lives in jails and prisons (on our tax dollars, btw)
Apr 26, 2008 at 9:47 p.m.
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prevention-Are you kidding me ??Prevention programs ? If I remember..that's what my kids were taught in school and at HOME at a very young age .You said PREVENTION a number of times in your post ,but gave no ideas or programs that you are involved with..Do you have any or did you just want to post your first comment?? I personally get a knot in my gut every time I see or hear about teenagers and substance abuse issue .After all kids do learn at HOME first,so lets start by teaching adults to step-up and be PARENTS not friends to their kids !!!
Apr 26, 2008 at 9:20 p.m.
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ok, so NOW this underage and illegal activity is a problem? it's always been a problem. but, nobody seems to care about uping the anty in PREVENTING these problems. yes, i do agree that we HAVE GOT to deal with all the people that are currently messed up. but what about creating stronger PREVENTION programs? oh yeah, the PREVENTION programs, i forgot, are to arrest them, lock them up in the local jail and leave to the wolves.
instead of complaining, can y'all just shut up and advocate to come up with these PREVENTION programs. then there won't be these wild comments about firing people. these people are in their job for a reason. oh yeah, just like WE choose to be in our jobs. that's a concept some people don't seem to get.
when we create valid PREVENTION programs, yes that includes ALL OF US, then it will be less of an issue and we can focus on the real and underlying problems of WHY kids drink and do drugs. We can also focus on starving families IN THE USA and WORKING WITH FAMILIES TO HAVE SAFE, LIVEABLE HOUSING TO SUCCEED.
oh, i forgot, as long as we got a good job, a good roof over our heads, food on the table, clothes on our back, the American society shouldn't give a darn about our fellow man.
i guess i'm in the wrong country since i actually care about fellow humans!!
Apr 26, 2008 at 8:16 p.m.
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She's working for the defense, stuff she says isn't intended to make sense.
Apr 26, 2008 at 8:05 p.m.
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One more comment on this Julie Rice , she states that Kyrstal had her life together before this????... In a article last fall it said that she(Kyrstal) had gone to a party and called her parents and told them that she couldn't drive home ! That doesn't sound to me that she had her life together.Maybe Julie Rice is treating the whole family.
Apr 26, 2008 at 7:56 p.m.
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Some answers to these guestions maybe that dad has a drinking issue also !!! Looks like a older brother too.. Patrick J. Hart has the same address on ccap.The apples don't fall far from the tree sometimes. It makes sense why dad was upset when told daughter has drinking problem. SAD! SAD! SAD! Did I say SAD !
Apr 26, 2008 at 7:18 p.m.
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Well, I guess "we" can't fire this idiot, she is only "testifying" for the defense.
Apr 26, 2008 at 7:15 p.m.
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I agree with diamondback, FIRE Julie Rice.
She's supposed to be a "professional" and she says the things she says???????????
She calls this killing an "accident" .............. yeah, right...As if reckless homicide is an "accident".
Apr 26, 2008 at 7 p.m.
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Raising the age to drive isn't the answer. There are people well over age 19 and 20 who can't handle the priveledge of driving.
Revoking licenses for underage drinking offenses might work for some, but there are plenty of people who drive, license or not and have no concern over it.
Apr 26, 2008 at 6:50 p.m.
Apr 26, 2008 at 6:41 p.m.
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this young girl thinks drinking and driving and killing someone is a joke. if not, she would never had drank again. her parents obviously don't take it serious either. they need to have legal and/or civil action taken against them. the girl needs HARD adult time. keep her off the streets by taking her driving privledges for YEARS! raise the driving age to 19 or 20. any teen caught drinking and drivng should loose their license for at least 3 years with many hours of community service. her parents should be required to do community service with her. my guess is the parents are drinkers also!!!
Apr 26, 2008 at 6:36 p.m.
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Krystal Hart appears to have no remorse and little to no control of her impulse to drink.
She killed a man because she drove drunk, yet she thought it would be okay to attend yet another underage drinking party.
If she isn't going to be locked up she should be on the bracelet while she awaits trial and be monitored for alcohol and drugs that way.
Her parents should be fined for their neglegence. How the hell are you going to have a daughter in so much trouble and not keep tabs on her whereabouts? This is disgusting.
Apr 26, 2008 at 4:33 p.m.
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Perhaps the legal system needs to hold the parents accountable as well. A huge fine, or maybe they also need to be locked up. If that isn't legal, then laws need to be created for such problem children.
I find it absolutely incredible that the parents and the therapist didn't acknowledge the seriousness of this situation....she can kill again!
This recent act of Krystal Hart makes fun of the death of her victim at most!
Apr 26, 2008 at 3:50 p.m.
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sounds to me she didn't learn from her first mistake, lock her up.
Apr 26, 2008 at 10:19 a.m.
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At this point, her bond should be revoked, and she should stay in jail until her trial concludes. Her continuing substance abuse makes her a clear threat to the community. And her parents, who signed the bond, are not controlling or even influencing her behavior.
I really don’t want to be the next person this kid kills.
Apr 26, 2008 at 10:09 a.m.
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This young woman is on a path to destruction and if it isn't obvious to her therapist, than I question the therapist's ability to counsel anyone. Without further details concerning Hart's substance use, this reader cannot determine if she fits the DSM-IV diagnosis for addiction (whether to alcohol or another drug). However, the information provided places her, at a minimum, as an alcohol abuser. Treatment is not a sure thing for anyone and is especially challenging when working with teen-agers. In fact, many experts term substance treatment for teens a success if the teen-ager does not move onto another substance after successfully completing the program. Hart needs adult treatment; she is far beyond the point of fitting teen-ager status whether talking about substance treatment or legal treatment. She has created adult problems for herself and needs to be held accountable. Her parents sound like classic enablers. Once a family member's substance problem takes hold, the entire family is ill and needs help.
Apr 26, 2008 at 9:18 a.m.
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I cannot understand WHY this girl is not in jail awaiting trial. She obviously has no control. Her parents are useless because they left her while they went out of town. She has an addiction and will more than likely drink again. I pray that no one else will get hurt or die due to her problems.
Apr 26, 2008 at 8:47 a.m.
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It only took her a few months to get caught drinking at a party with her enabling friends. How many parties were there when she didn't get caught? She doesn't take this seriously. She thinks a few tears and an innocent look in court will get her off, and she may be right.
Apr 26, 2008 at 7:07 a.m.
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This girl needs some incarceration. If it only took her a mere few months to go back to drinking and giving police a fake name, then she obviously doesn't acknowledge that she ended a person's life with her drunken behavior.
Apr 26, 2008 at 6:29 a.m.
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Now it's possible that the defendant was WAVED into adult court, but I think the reporter meant that she was WAIVED into adult court.
Apr 26, 2008 at 6:08 a.m.
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THE PARENTS DON'T GET IT !! I'M GLAD THE SOCIAL WORKER DOES !!! FIRE JULIE RICE !
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