Woman is no show for revocation of probation hearing

A judge and prosecutor pondered Friday whether the state waited too long to file to revoke the probation of a woman who allegedly hasn’t made a payment on $1,250 in outstanding fines and fees for 2 1/2 years.

Megan Marie Davis, 28, pleaded guilty to two counts of simple assault on a peace officer, both Class C felonies, on June 11, 2014. Judge Richard Hagar sentenced her to 360 days in jail, with a requirement that she serve 30 days, and three years of supervised probation. If she had successfully completed probation, the felonies would have been reduced to Class A misdemeanors on her record.

The state filed a petition to revoke Davis’s probation for failure to pay fines on Sept. 25, 2017, which might be after Davis’s probation was up.

She was supposed to be in court on Friday for a revocation of probation hearing, but didn’t appear before the judge.

Ward County Assistant State’s Attorney William O’Driscoll said Friday Davis last made a payment on her fines on July 3, 2015. O’Driscoll told Hagar on Friday that he isn’t sure if Davis was ever served the court documents requiring her to show up in court on Friday. Hagar wondered if the state had filed to revoke her probation within the relevant time period and if Davis is still on probation. O’Driscoll asked Hagar to issue another “order to show cause” for Davis to appear in court to address the issue.

According to court documents, police were investigating a report of a drunk driver traveling on the wrong side of the road on Jan. 20, 2014. They found the vehicle matching the description in a nearby parking lot and were about to arrest Davis for actual physical control and refusal to submit to a chemical test. She kicked both officers in the arms, legs and chest while making verbal threats and was eventually subdued and taken to the jail.

– Andrea Johnson

COMMENTS