Leslie Michelle Matheny is her own worst enemy, absconding or failing to report to a probation officer — and later community corrections supervisor — and with her battle with drug addiction.
But, were the issues that led to her probation revocation hearing the cause of “bureaucratic inefficiencies” or a defendant simply choosing not to obey the rules of supervision?
While sympathetic with her addiction issues, Judge Sean Fry told Matheny he could not ignore her track record of failing to comply with rules of supervision and late last month revoked her probation to serve the balance of her six-year sentence.
In January 2017, Matheny was charged with introducing contraband to the Cumberland County Justice Center after a body cavity search found her in possession of meth. In January 2018, Matheny pleaded guilty to the charge and received a six-year sentence with six months to serve and the balance on supervised probation.
Matheny, 36, who had been through Recovery Court treatment, violated conditions of her probation, Tennessee Department of Correction Board of Pardons and Parole Officer Jerry Livingston testified, by disappearing and not reporting.
A year later she was arrested but continued to ignore the rules by failing to appear in court and disappearing again.
This time she was arrested in Overton County on an unrelated charge but was released on bond in Livingston despite Cumberland County holding a warrant for her arrest.
As police and TDOC searched for Matheny, they were told by a resident living at the address Matheny claimed that she had not lived at the Baxter, TN, residence in six months.
In May she was taken into custody, served a year in jail and then was released on house arrest supervision of Community Corrections. For two months, TDOC had no contact with Matheny.
When she appeared in court in Putnam County in February of this year to answer to a failure to pay child support charge, she was arrested again on the probation violation warrant from Cumberland County.
Under cross examination from Assistant Public Defender Lori Dowell, Livingston testified that if Matheny was in a treatment program during the time her whereabouts were not known, he was not made aware of it.
Matheny testified the Department of Children’s Services has maintained an address for her during the times TDOC officers wrote they could not find the probationer.
She said she has battled with the issue of addiction since age 14, adding her mother died from complications related to a meth addiction and that her formative years involved being bounced from place to place with nowhere to call her home.
Matheny told the court she has not entered a rehab program because she “could not afford it” and that her issues were compounded when she witnessed a girl in the Overton County Jail hang herself.
“I want to go to rehab and work on my issues,” Matheny testified. “I just want to live sober.”
Assistant District Attorney Philip Hatch asked Matheny if it was not true that she simply ignored her obligations under supervised probation but did not ignore DCS hearings and appearances.
Jennifer Noldy, representing a recovery group in the county, testified a bed for Matheny had been located at the long-term, in-house recovery program of Aspel in Harden County.
A motion filed to dismiss the charge, based on the speedy trial law, was denied. Hatch had argued the delays in having the hearing, “We’re not the fault of the state … it was because of her intentionally not reporting and drug use.”
Dowell called Matheny’s plight the product of “bureaucratic inefficiency” and with 424 days’ credit and parole availability in about 200 more, it would be better served for Matheny be furloughed to a long-term treatment facility.
Fry said he was sympathetic for Matheny but could not ignore her failure to comply with the rules of supervised probation. It was noted Matheny can take advantage of recovery programs in the penal system.
In other cases on the docket, the following took place:
Deadline
•Donald Eugene Caswell, theft of property of $1,000 to $2,500, judicial diversion application filed and continued to July 15.
•Jacob Daniel Conley, rape and sexual battery by an authority figure, continued to Aug. 19.
•Brooke Ann Crabtree, aggravated robbery, robbery, aggravated kidnapping, auto burglary and theft of property of up to $1,000, continued to July 15.
•Kelly Renee Debord, aggravated burglary, continued to July 15.
•Eric James Haupt, possession of .5 grams of fentanyl or more and possession of less than .5 grams of meth, continued to June 24.
•Jerrica Renee Marie Hayes, second-degree murder, possession of less than .5 grams of alfentanil and possession of a Schedule II drug with intent, continued to June 24.
•Terrence Divan Hence, possession of .5 grams of alfentanil or more and speeding, continued to July 15.
•Herbert Brian Howard, possession of a weapon by a felon, possession of a weapon during commission of a dangerous felony, possession of meth with intent, possession of a Schedule II drug with intent and driving on a revoked license, continued to June 24.
•Jason Edward Lallo, DUI, per se, Public Defender’s Office appointed to represent Lallo and continued to June 24.
•Kenneth Leroy Langley, possession of a weapon by a felon, forfeiture and capias issued for failure to appear, 10 days in jail and ordered held for appearance before the judge.
•Daniel Lee Miller, vehicular homicide and second offense DUI, continued to Aug. 12.
•Shallymar Danyelle Cook Mills, possession of a Schedule I drug with intent and possession of meth with intent, continued to July 15.
•Johnny Dale Ogle, possession of .5 grams of cocaine or more, possession of 300 grams of meth or more and possession of a Schedule VI drug with intent, motion hearing set for June 24.
•Alexander Gregory Rice, aggravated assault, reckless endangerment, evading arrest by vehicle and domestic assault, continued to July 15.
•Miosotis A. Sabourin, assault, continued to July 15.
•Tina Marie Stewart, reckless endangerment, introducing contraband into a penal institution, two counts of evading arrest by vehicle, simple possession of meth, simple possession and driver’s license violation, continued to Aug. 19.
•Chase Edward Trisdale, aggravated robbery, robbery, aggravated kidnapping, auto burglary and theft of property of up to $1,000, continued to July 15.
•Alexander Prady Vasquez, aggravated assault, continued to July 15.
Motions/petitions
•Quentin Eugene McDaniel, rape, motion for new trial continued to July 15.
Probation violations
•Shelley Jeanne Ackerman, pleaded guilty to a probation violation and is to serve five months in jail at 75%.
•Hannah Renee Boles, pleaded guilty to a probation violation and is to serve nine months in jail at 75% and then be reinstated on probation for the balance of an eight-year sentence.
•Susan Elizabeth Floster, pleaded guilty to a probation violation and is to serve the balance of a two-year sentence with credit for 264 days already served in jail.
•Robert Clayton South, probation violation hearing continued to June 3.
•Tony Wayne Starkes, Public Defender’s Office appointed to represent Starkes and probation violation hearing continued to June 3.
Bound-over
The following defendants have cases in bound-over status pending presentation of evidence to the grand jury.
•Dane Newman Carr, one case, judicial diversion application filed and case continued to June 3.