Jail time added after detention bracelet is cut

August 04, 1998|By MARLO BARNHART

Cutting off a home detention bracelet for four days of freedom last March proved costly for Brenda Elizabeth Herrera on Tuesday in Washington County Circuit Court.

Herrera, 33, of 1057C Noland Drive, was released from the Washington County Detention Center on July 4 after serving her original four-month sentence on a theft/scheme conviction.

Judge John H. McDowell on Tuesday added a 45-day sentence for violation of home detention.

"It was not only stupid but deceitful," McDowell said, adding that he wasn't going to change the sentence because Herrera is seven months pregnant.

On March 19, Herrera was in Washington County District Court on a charge of theft/scheme. She was found guilty and sentenced by Judge R. Noel Spence to two years in jail, with all but the four months suspended.


Two days later, the Washington County Sheriff's Department got an alert that her bracelet had been cut. When officers arrived at her home, they found the bracelet inside the door.

The mother of three young children, Herrera turned herself in March 25 and was jailed immediately.

In an unrelated home detention case charged at the same time last March, court action has already been taken for Gary Lee Butts, 19, of Hagerstown.

On July 9, Butts was sentenced to a year and a day in prison for escape and 60 days concurrently for stealing a car while he was on the loose, court records said.

Butts was out for 53 minutes, according to Washington County Sheriff's deputies.

At 10:24 p.m. on March 28, the alert came in that Butts' home detention ankle bracelet had been cut, court records said. When his home was checked, he was gone.

According to Investigator Pete Lazich of the Washington County Sheriff's Department, Butts was seen on Howell Road at 11:17 p.m. in a vehicle allegedly stolen from a friend.

He was taken into custody and charged with car theft, unauthorized use, felony theft, destruction of property, and the escape.

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