| After appearing in court May 21, Miley Beyer will have to wait until at least June 18 to learn her sentence in connection with a short-lived crime spree last year, District Judge Keri Yoder decided. Beyer, 22, faced multiple charges from last May, which included pointing a pistol at the head of a man who stopped her from stealing his neighbor's car, and pulling the trigger several times, according to court documents. The gun misfired, sparing the man's life. Beyer was already wanted for eluding police who clocked her at more than 100 mph and various offenses related to the unauthorized use of a credit card. She was charged with attempted second-degree murder; attempted first-degree assault with extreme indifference; felony menacing; motor vehicle theft; and various offenses related to eluding, identity theft and trespassing — a total of 28 offenses. On March 30, at what was to have been a preliminary hearing, Beyer pleaded guilty to attempted first-degree assault as a crime of violence, vehicular eluding and aggravated motor vehicle theft. Other charges were to be dismissed; however, Beyer will be responsible for paying restitution arising from "multiple purchases" made on other people's credit cards, and for stolen property, it was said in court. Beyer's plea agreement had called for open sentencing on the attempted assault count, a class-4 felony for which the sentencing range is a minimum of five years to a maximum of 16. The range for the other two offenses, which are class-5 felonies, is one to three years; Beyer is to serve whatever time is imposed for these offenses concurrent with the term imposed for attempted assault. If there were no issues in prison after six months, Beyer could have a hearing for reconsideration of sentence that could see her placed in a rehabilitative program and on probation for at least five years, Deputy District Attorney Kurt Beckenhauer said. Yoder said such a stipulation is unusual and would require her to find exceptional circumstances before she could formally accept the plea. The "greater context" of the case shows such circumstances, Beckenhauer said. Beyer was only 21 when she began committing crimes and prior to last spring, she was unknown to law enforcement, the DDA said. But, he added, Beyer slid quickly upon using meth. "(There was) a quick descent into addiction and very criminalistic and dangerous behavior," Beckenhauer said, adding there is a basis for a finding of extraordinary circumstances. But Yoder said Monday that stipulating to the extraordinary circumstances would be an "abuse of discretion" and said she would prefer to await a report from the Department of Corrections. The case was set for hearing on June 18. Public Defender Patrick Crane said he and Beckenhauer will "work on a way to get to what we were intending" without the additional complications of the DOC report. Read more | 
No comments:
Post a Comment