By Karen Hall

Staff Writer

Even successfully completing over three-quarters of her probation did not save a Huntsville, Ala. woman from being sent to jail for a violation of the rules.

"You can't break the law when you're on probation," Circuit Court Judge Robert Crigler told Tonya Killmeyer, 39, who was convicted of shoplifting in Alabama last summer. He ordered her to spend six months in jail, and then go back on probation until her four-year sentence is completed.

Killmeyer pleaded guilty to the violation, but her appointed attorney, Michael Collins of the Public Defender's Office, begged the judge to give his client another chance.

"Give her another shot, and she might be able to turn her life around," Collins said. "She went three years without any problems. I think she can become a productive member of society."

Called to the witness stand by Collins, Killmeyer testified she was working two jobs, and has two daughters at home, a seven-year-old and a teenager.

"I understand I messed up," she said. Killmeyer explained she had been taking prescribed Xanax at the time of the shoplifting, and said, "I wouldn't have done it if I was not on that medication. I know it was wrong."

Assistant District Attorney Eddie Barnard told the court Killmeyer was caught with four other people, manufacturing methamphetamine at a Cornersville motel in July 2007.

Killmeyer pleaded guilty to promotion of meth manufacture, and was sentenced to four years on probation, starting Dec. 2, 2009. She was also ordered to pay $2,847 in fine and costs, at $100 per month, but has only paid $1,947 so far.

"She was given a golden opportunity to get out of this unscathed," Barnard concluded.

Symetra Brown, 37, of Woodlawn Avenue, also pleaded guilty to violation, though in her case in was community corrections.

Barnard asked Crigler to increase Brown's sentence to six years, while Bill Harold of the Public Defender's Office asked for a split sentence.

Crigler ruled a split sentence was not possible.

"She has forfeited her right to alternative sentencing," he said. The judge ordered Brown to serve the rest of her five-year sentence for assault behind bars.

The only probation violator who was not sent to jail was Stanley Hargrove, 49, of Long Distance Road, who is behind on his agreed restitution payments of $450 per month. Hargrove works in the logging industry, and the weather has prevented him from making money by harvesting and hauling timber.

"The victims called me because they weren't receiving the money," said Barnard. "These victims are upset. It's not a pleasant situation."

Hargrove pleaded guilty in November to five counts of vandalism over $1,000. He was sentenced to four years on probation, and ordered to pay restitution of $20,275 to the people whose vehicles he damaged.

"It was the defendant who set the $450 per month," Barnard said. "These people are expecting it and they blame me."

"We ask for Mr. Hargrove to be allowed the opportunity to continue paying," said Harold.

"If I put him in jail they don't get anything," Crigler pointed out. "The weather has been atrocious. We'll look at it in 90 days, on May 8. If you are totally current, you don't have to come back to court."

Harold clarified that Hargrove was expected to have paid $2,700 before May 8.

The Public Defender's Office also spoke up in court on behalf of their client Robert "Gator" Grissom, 66, of Verona Caney Road.

Grissom was requesting the return of his blackpowder pistol. It was confiscated when he was charged with reckless endangerment with a deadly weapon after an incident in June when he allegedly fired the pistol toward his neighbor.

A Marshall County jury found Grissom not guilty after a one-day trial in January.

After Collins made the request, Barnard pointed out Grissom has a felony conviction.

"The law says he cannot possess a handgun," Barnard said. "But is a blackpowder pistol a handgun?

"Federal law allows felons to possess an antique weapon," said Collins.

If the blackpowder pistol is not considered a handgun, then maybe it has to be returned to Grissom, the ADA conceded.

"We don't have a basis to keep it because he was not convicted," Barnard said.

"You need to research it," Crigler told Barnard and Collins. "The law is changing constantly. Bring the statute to court next time."