Will Misty qualify for Youthful Offender Status?

[krkrjx]

I'd really like to have the question I posted answered. Did Misty sell drugs to one UC cop 8 times?

Not sure she sold to him 8 times. At least one time, she purchased...or agreed to sell pills she got from him (it was both Misty and Ron in that transaction). I do believe it was the same UC cop in all transactions, though, if that's what you are asking. A sting is based on the perps trusting the UC and not suspecting anything; that would be harder to pull off if it was a different UC each time.

I am not sure all 8 incident reports were made available or if they still are; I know all the vids were not.

 

[LadyL]

Do we have links available for those who don't know who this is?

http://www.dc.state.fl.us/ActiveInmates/detail.asp?Bookmark=2&From=list&SessionID=257057755

I think he's a cousin?

 

[krkrjx]

I am trying to gather the info I had read on the JM incident. I would prefer to not say much until I can provide a direct link. But it's been a while and over time I have done much research so I do not at this moment recall where I found the info. But, IIRC, JM was Misty's boyfriend when she she was 14. He was 16 or 17. I never came across anything indicating he was a cousin...not saying it is not true, just that I did not find any reference to that. The main concern I have with Misty's and Lisa's accounts of what happened is that even after the *incident* Misty was still seen in his company on a regular basis by mutual friends and those friends were surprised when he was accused and charged.

I am not saying Misty lied and that JM is innocent; I am saying that given the ease with which Misty lies, and the fact that she seems to do it freely whenever she is in a jam, I think she may have lied about him and that the incident may not have gone down as she claimed.

 

[bessie]

This may be a stupid question but did Misty sell drugs to the same UC cop 8 times before she was arrested? Did the same UC cop call Misty 8 times to score drugs for him in both counties? TIA

We know that she sold drugs to him at least six times according to the incident reports. A thread of continuity runs through the narrative of those reports, previous conversations and events are referenced in a way that makes it evident the same UC participated in each transaction. It's not evident who initiated the various phone calls between the two. Phrases are used like: "Through previous recorded telephone conversations between Det. *advertiser censored* and Cummings..."

We haven't seen the incident report for the final transaction, but we have seen the video. The UC did not purchase drugs from Misty and Ron that time. Instead, the UC supplied them with drugs that they were to sell for him.

The 01/08/10 transaction in St. Johns County occurred when Misty and Donna B. were driving back from Virginia. Donna B. and Misty sold the UC 135 pills which we later heard were prescribed for Donna by a dentist. They arranged by phone to meet near I-95 in St. Augustine so Donna could continue on her way to Orlando. Misty hitched a ride with the UC to Putnam County.

 

[Bobbisangel]

You make an interesting point about the ONE arrest, although there are numerous charges. I just wonder if that is what Fields is going to attempt to do (Youthful Offenders Program), simultaneously in both counties? Come to think of it, aren't they both sceduled for the same day or was that yesterday and today's hearings?

I can't imagine the "Joe Did It" theory being brought up in court today. Maybe that was the journalist regurgitating old news?

I don't know how the attorney could say that someone else persuaded Misty to sell drugs. They have videos of the sales and Misty is in her height of glory selling those drugs. She isn't some little thing just along for the ride...she is a big dog excited about selling so much dope.

If Misty knows anything about Haleighs disappearance I doubt that we will ever know. Once she is sentenced the heat will be off of her. She is going to be so ticked off that she will never say a word if she does know anything. I'm not sure she knows anything though. I just wonder if any of them do. They were probably so drugged up that they don't have a clue what happened.

 

[krkrjx]

I think it will take a good argument for persuasion or being led astray by someone else for Misty to be considered for YO status. And given the number of charges she might not qualify even if the judge wanted to consider her. The statute does not cover the issue of how multiple charges are viewed when applying for YO status, likely because most first-time offenders do not come into court with so many charges! Usually being led astray is a one time thing that happens without planning; a person goes along for the ride, or is in the wrong place at the wrong time, foolishly takes someone up on a dare--things of that nature. I do not think Fields has much of a chance of winning YO status for Misty, but I firmly believe he should try.

 

[Whisperer]

I think marrying ron and selling drugs were truly the high point of her life. She was giddy with excitement for both.

 

[dodie20]

I think it will take a good argument for persuasion or being led astray by someone else for Misty to be considered for YO status. And given the number of charges she might not qualify even if the judge wanted to consider her. The statute does not cover the issue of how multiple charges are viewed when applying for YO status, likely because most first-time offenders do not come into court with so many charges! Usually being led astray is a one time thing that happens without planning; a person goes along for the ride, or is in the wrong place at the wrong time, foolishly takes someone up on a dare--things of that nature. I do not think Fields has much of a chance of winning YO status for Misty, but I firmly believe he should try.

but if the judge takes into consideration, that this was an orchestrated set-up, & she wasn't out trafficking to street junkies, he might not see those 'so many charges', the same way he'd look at someone who was busted at a party, selling to the patrons. It's kind of like having a wreck with an unlicensed driver. Even if you caused the crash, logic says that if that person hadn't been driving, there would've been no wreck. so, who's fault is it? If the cop hadn't been placing the orders, would Misty have been trafficking? I haven't seen a shred of evidence, to say she would.

 

[txsvicki]

I don't know how youthful offender status works but think her youth will be taken into consideration along with her lack of good parenting and taken advantage of by a guy who liked underage girls.

 

[Melanie]

I don't think she will qualify for youthful offender status. She dropped out of school after 7th grade. She's had 5 years of life experiences that she chosen since then. She isn't some innocent schoolgirl. The youthful offender status reaches until age 22 for some, which is the age people would graduate from college if they stayed in it for four years after high school. I feel that her not being in school will play a big role in the decision.

Don't want to veer too far OT here, but how did she drop out at the 7th grade without her parents being hauled off to Jail (like they do here in CA). How does that happen?

In any case, I don't think her education level will have much of an impact. If anything, I think it would hinder the request. If she can't go to school, what kind of impact can she make on her life? She already has so many things against her before she started drug dealing and drug use.

I'm still torn on if she should be treated as an adult or youthful offender. My mind goes to YO -- but then I think about Haleigh. It's a tough call, and I'm glad I don't have to make it.

MOO

Mel

 

[Amster]

Misty was incapable of saying "no" to the uc?

 

[dodie20]

Don't want to veer too far OT here, but how did she drop out at the 7th grade without her parents being hauled off to Jail (like they do here in CA). How does that happen?

In any case, I don't think her education level will have much of an impact. If anything, I think it would hinder the request. If she can't go to school, what kind of impact can she make on her life? She already has so many things against her before she started drug dealing and drug use.

I'm still torn on if she should be treated as an adult or youthful offender. My mind goes to YO -- but then I think about Haleigh. It's a tough call, and I'm glad I don't have to make it.

MOO

Mel

I understand what you're feeling. But if I seperate the drug case from Haleigh, (& that's what an honest judge would do), I go with the YO, every time. I wish, (but don't hold out hope), that the judge will disallow Haleigh from being used to sway opinion, on these drug charges. & I also wish, (but don't hold out hope), that the judge will tell LE that if they had spent the time & effort on the Haleigh case, that they have spent on this drug bust, that her case would be solved. & as always...MOO.

 

[kaRN]

Don't want to veer too far OT here, but how did she drop out at the 7th grade without her parents being hauled off to Jail (like they do here in CA). How does that happen?

In any case, I don't think her education level will have much of an impact. If anything, I think it would hinder the request. If she can't go to school, what kind of impact can she make on her life? She already has so many things against her before she started drug dealing and drug use.

I'm still torn on if she should be treated as an adult or youthful offender. My mind goes to YO -- but then I think about Haleigh. It's a tough call, and I'm glad I don't have to make it.

MOO

Chelsea was quoted as saying to the media 'She’s like my little sister. I’m not trying to say shes not a smart person, but you know, Misty dropped out of school in the 6th grade.' Still searching in our media links for the actual article, this quote was borrowed from a post on another site. IIRC and I'll find the link, Hank or Lisa state that although they would drop Misty off at the bus stop to head off to grade 6 she wouldn't get on the bus after they left.

If the article is accurate, Misty lied to the judge the other day when she said she dropped out in HS. I'll edit and add the article when I find it again.

Details in Cummings case revealed
Published : Saturday, 12 Sep 2009, 2:06 AM EDT

"Snip" MATT SAFFER | FOX 30 Action News Jacksonville

Chelsea Croslin spoke with Jacksonville FOX affiliate, WAWS TV , over the phone from her Massachusetts home.

"We've now been thrown into the spotlight of this, were known as the Cape Cod couple. I mean, just to give us a name, this is nothing I ever in my life expected to have to go through. Its obviously not Haleigh's fault I'm going through this, but I just don't understand why I got thrown into this so hard," said Chelsea Croslin.


Chelsea says the chief PC investigator in the Haleigh Cummings disappearance was accompanied by PCSO, as well as two Massachusetts State Troopers this past weekend. They showed up to her home around 9am and asked her to come with them for questioning.

"I was down there probably from about 9 o'clock to noon. They just wanted to go over the phone lines. They wanted to go over time lines, and try to fill in gaps of what happened that night and who Misty talked to.," said Croslin.

Chelsea says ever since this investigation began, her family has been struggling to stick together.


Chelsea also spoke about why she believes Misty has nothing to do with Haleigh's disappearance.
We believe Misty. She is one of the best people with children out there,"
Misty dropped out of school in 6th grade. Misty doesn't have much book smarts to be able to fool the FBI and FDLE that came there and interrogated her for hours and Lie detected her over and over and over… http://www.myfoxorlando.com/dpp/news..._case_revealed

 

[lorann]

I think marrying ron and selling drugs were truly the high point of her life. She was giddy with excitement for both.

Both of those plus the one interview in the airport when she was jetting off for an interview.

I understand what you're feeling. But if I seperate the drug case from Haleigh, (& that's what an honest judge would do), I go with the YO, every time. I wish, (but don't hold out hope), that the judge will disallow Haleigh from being used to sway opinion, on these drug charges. & I also wish, (but don't hold out hope), that the judge will tell LE that if they had spent the time & effort on the Haleigh case, that they have spent on this drug bust, that her case would be solved. & as always...MOO.

Selling to the UC agent was filmed but has LE provided any proof that Misty was guilty of selling any drugs to anyone else? I know they don't have to provide proof when she pled no contest but can and does the judge ask for that or be made aware of that before handing down a sentence?

 

[MADJGNLAW]

I was reading this article and wonder what if the judges consider the charges "part of a stream of cases" that can be folded together? Would that mean that Misty will only serve 6yrs? It's up to the judge and the only way IMO that the judges would consider this is if Misty gives up the whole truth about Haleigh and her location. LE needs more than a story or tale. I also read that Ron would get two of his charges dropped in another thread, but in this article it still says that we will find out on Friday. I just don't see how they can even consider dropping any charges against Ronald...unless he to can share the truth about Feb 9-10, 2009. I say "NO DEAL" unless someone can give up Haleigh's location.

Misty Croslin pleads no contest to drug trafficking charges -Wishes she had stayed away from Ronald Cummings
Posted: August 17, 2010
By Dana Treen
"Snip" http://staugustine.com/news/local-n...in-pleads-no-contest-drug-trafficking-charges

PALATKA -- 15-year prison sentences given to others caught dealing drugs with Misty Croslin worry her.
Robert Fields, provided answers Misty gave to Times-Union questions about her future and her past.

Misty Croslin said she is saddened by the disappearance of HaLeigh and wishes she had stayed away from Ronald Cummings, who is charged in several of the same drug cases.
Misty Croslin is saddened by the case but "loved HaLeigh and always has." Feilds said she has cooperated with investigators.


Asked what she would have done differently in the past, Croslin said she would not have become involved with Ronald Cummings, Fields said.[/U][/B]

"She would have stayed away from Ronald, as everyone told her to do," Fields said.



Misty Croslin told Judge LaRue she had a seventh-grade education and had worked once for eight months as a restaurant hostess but mostly worked as a baby sitter.



Fields said he will need three hours to put up a case to show why Croslin should be sentenced as a youthful offender.

"Basically, it was a history devoid of education, devoid of proper role models, devoid of structure, devoid of normalcy,".

Her parents are in jail on charges of recently buying crack cocaine in Palatka.



Fields said one question he would not answer is why Croslin was involved in drug dealing while the investigation into HaLeigh's disappearance was ongoing.


Fields said she had been caught in a "landslide" of potential evidence in the drug cases and had no option but to make the no-contest plea.

A pre-sentencing investigation was ordered by LaRue, but no firm sentencing date was set.

Oct. 19 was put aside as what LaRue called a "housekeeping" date, but that will be changed later.


Fields said he may try to have the judges consider the charges "part of a stream of cases" that can be folded together.



Lewis said Cummings is a possible witness against Croslin, though no decision about that has been made. Cummings will be in Putnam County court Friday, possibly with a deal for a 15-yr sentence.

 

[LiveLaughLuv]

The 2009 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS Chapter 958
YOUTHFUL OFFENDERS View Entire Chapter

958.04 Judicial disposition of youthful offenders.--

(1) The court may sentence as a youthful offender any person:

(a) Who is at least 18 years of age or who has been transferred for prosecution to the criminal division of the circuit court pursuant to chapter 985;

(b) Who is found guilty of or who has tendered, and the court has accepted, a plea of nolo contendere or guilty to a crime that is, under the laws of this state, a felony if the offender is younger than 21 years of age at the time sentence is imposed; and

(c) Who has not previously been classified as a youthful offender under the provisions of this act; however, a person who has been found guilty of a capital or life felony may not be sentenced as a youthful offender under this act.

(2) In lieu of other criminal penalties authorized by law and notwithstanding any imposition of consecutive sentences, the court shall dispose of the criminal case as follows:

(a) The court may place a youthful offender under supervision on probation or in a community control program, with or without an adjudication of guilt, under such conditions as the court may lawfully impose for a period of not more than 6 years. Such period of supervision may not exceed the maximum sentence for the offense for which the youthful offender was found guilty.

(b) The court may impose a period of incarceration as a condition of probation or community control, which period of incarceration shall be served in a county facility, a department probation and restitution center, or a community residential facility that is owned and operated by any public or private entity providing such services. A youthful offender may not be required to serve a period of incarceration in a community correctional center as defined in s. 944.026. Admission to a department facility or center shall be contingent upon the availability of bed space and shall take into account the purpose and function of such facility or center. Placement in such a facility or center may not exceed 364 days.

(c) The court may impose a split sentence whereby the youthful offender is to be placed on probation or community control upon completion of any specified period of incarceration; however, if the incarceration period is to be served in a department facility other than a probation and restitution center or community residential facility, such period shall be for not less than 1 year or more than 4 years. The period of probation or community control shall commence immediately upon the release of the youthful offender from incarceration. The period of incarceration imposed or served and the period of probation or community control, when added together, may not exceed 6 years.

(d) The court may commit the youthful offender to the custody of the department for a period of not more than 6 years, provided that any such commitment may not exceed the maximum sentence for the offense for which the youthful offender has been convicted. Successful participation in the youthful offender program by an offender who is sentenced as a youthful offender by the court pursuant to this section, or is classified as such by the department, may result in a recommendation to the court, by the department, for a modification or early termination of probation, community control, or the sentence at any time prior to the scheduled expiration of such term. The department shall adopt rules defining criteria for successful participation in the youthful offender program which shall include program participation, academic and vocational training, and satisfactory adjustment. When a modification of the sentence results in the reduction of a term of incarceration, the court may impose a term of probation or community control which, when added to the term of incarceration, may not exceed the original sentence imposed.

(3) The provisions of this section shall not be used to impose a greater sentence than the permissible sentence range as established by the Criminal Punishment Code pursuant to chapter 921 unless reasons are explained in writing by the trial court judge which reasonably justify departure. A sentence imposed outside of the code is subject to appeal pursuant to s. 924.06 or s. 924.07.

(4) Due to severe prison overcrowding, the Legislature declares the construction of a basic training program facility is necessary to aid in alleviating an emergency situation.

(5) The department shall provide a special training program for staff selected for the basic training program.
History.--s. 5, ch. 78-84; s. 1, ch. 80-321; s. 20, ch. 85-288; s. 1, ch. 87-58; s. 3, ch. 87-110; s. 7, ch. 90-208; s. 11, ch. 90-211; s. 11, ch. 91-225; s. 8, ch. 93-406; s. 101, ch. 94-209; s. 22, ch. 96-312; s. 31, ch. 97-94; s. 36, ch. 97-194; s. 21, ch. 98-204; s. 61, ch. 98-280; s. 7, ch. 2008-250.


http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0958/SEC04.HTM&Title=->2009->Ch0958->Section%2004#0958.04

In lieu of all of MC's charges, none which are shorter than 6 years( if I'm reading this correctly) I do not think she qualifies for YO status. Unless, possibly, her attorney can get her sentenced to a "boot camp" type setting. The main reason, I believe, for YO status, is to not allow someone under the age of 21 to be with older, hardened offenders. JMHO

Where is HaLeigh!

 

[krkrjx]

The 2009 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS Chapter 958
YOUTHFUL OFFENDERS View Entire Chapter

(snipped)

In lieu of all of MC's charges, none which are shorter than 6 years( if I'm reading this correctly) I do not think she qualifies for YO status. Unless, possibly, her attorney can get her sentenced to a "boot camp" type setting. The main reason, I believe, for YO status, is to not allow someone under the age of 21 to be with older, hardened offenders. JMHO

Where is HaLeigh!

There is still a question of whether the judge would consider all Misty's charges as part of one crime. It may be tough for Fields to convince the judge of this but per the YO info posted previously, it is possible. Given Misty's background, her age, the fact that she has no priors, and the possibility of mental health experts testifying on her behalf, Misty might qualify in the judge's eyes. That could give her YO status on charges in Putnam, but would she be in any position to be considered for YO status on the separate charge in St. Johns? According to the YO info posted previously--No.

We will have to wait and see both how Fields presents his case and how St. Johns figures in. The odds are against YO status for Misty, IMO, but in our criminal justice system you sometimes cannot know in advance what's going to happen. Sentences are far off from what is expected in many cases.

JMO

 

[Missingmeds]

If St Johns County won't agree to merge the charges then Misty can't qualify for the Youthful Offender deal.

Even then it is doubtful that she will because she doesn't have just one charge against her. She has several charges over a period of time that would prevent her from qualifying if I understand the way that the Youthful Offender deal works.

Youthful Offender is a one time one shot deal, for someone that has one and only one charge pending against with no priors and no juvenile record is the way that I understood it when I asked a lawyer about it.

 

[Violet]

Originally Posted by krkrjx

<snipped>

But reality is, at some time everyone has to be responsible for their own actions. Everyone.

This needs to be repeated often. This should be the quote of the day. Thanks button was not enough.

 

[tlcya]

snipped and BBM

Chelsea also spoke about why she believes Misty has nothing to do with Haleigh's disappearance.
We believe Misty. She is one of the best people with children out there,"
Misty dropped out of school in 6th grade. Misty doesn't have much book smarts to be able to fool the FBI and FDLE that came there and interrogated her for hours and Lie detected her over and over and over&#8230;

Really? And she wonders why she "got thrown into this so hard"? How exactly does the BBM portion of her statement match up with the rest of her BBM statement? Add in the fact the girl was coming off a three day drug binge when all this went down and Chelsea really wonders why she "got thrown into this so hard"?

So Misty is not a bright bulb (in chelsea's estimation)
Misty was on a three day drug binge and didn't necessarily want to get stuck with Ron's children after their big fight earlier in the week (per many independantly quoted sources)

but Misty is "one of the best people with children out there"

Uh, one guess, lack of good judgement/lack of credibility. If Misty is her benchmark for appropriate childcare giver, I sincerely worry for any children in Chelsea's care.

As to Misty's chances of getting YO - Because of the BBM portion of Chelsea's statement and if the judge does what the judge is required to do and looks at this case outside of the Haleigh association on its own merrits - I think she has a good shot at getting it.