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PUBLIC RECORD August 27, 2015

8/30/2013 12:52:00 PM
Judge always has discretion in plea deals
Deputy Prosecutor Donna Marsh talks with local attorney Chuck Waggoner after a hearing Aug. 22 concerning an underage drinking case. Brianne Maynard, 18, charged with illegal consumption, a Class C misdemeanor, had her plea agreement rejected by Judge Gary Smith.
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Deputy Prosecutor Donna Marsh talks with local attorney Chuck Waggoner after a hearing Aug. 22 concerning an underage drinking case. Brianne Maynard, 18, charged with illegal consumption, a Class C misdemeanor, had her plea agreement rejected by Judge Gary Smith.

Most plea deals are accepted by the judge; however, sometimes they are not, as in the case of a recent case in Superior Court Judge Gary Smith's court.
A plea deal for Brianne Maynard, 18, was rejected by Smith at a hearing held Aug. 22. She had planned to plead guilty to illegal consumption of alcohol, a Class C misdemeanor. The charge stems from an arrest in March when she was also charged with a Class C misdemeanor infraction of driving with a blood alcohol content of at least 0.02 but less than 0.08 while younger than 21.
Deputy Prosecutor Donna Marsh noted it is now up to the teen and her lawyer, Brad Johnson, as to how the case will proceed. A new plea deal could be worked out or the case could go to trial.
Maynard, a Seymour resident, is also facing four Class C felony charges in Jackson County from a motor vehicle accident June 1. The charges include causing death when operating a motor vehicle while intoxicated, reckless homicide, causing death when operating a motor vehicle with a blood alcohol content of 0.08 or greater and causing death when operating a motor vehicle with a Schedule I or Schedule II controlled substance.
Allegedly, Maynard was driving a vehicle that crashed head-on with a pickup truck driven by Freetown resident Crystal D. Engelking, 35, who later died from her injuries.
Also injured in the wreck was her passenger, Nathan Engelking.
The case is scheduled for trial in Jackson County later this year. Maynard is out on bond from a previous case, but the Jackson County prosecutor has moved to revoke the bond. At the time of the more serious alcohol-related charges, Maynard was out on bond for a misdemeanor charge of conversion. A condition of that bond was that she stay out of trouble.
The Jackson County prosecutor has also upgraded the conversion charge to theft, a Class D felony.
She goes to court in the neighboring county on Sept. 5 regarding her bond issue.





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