A Huron woman was granted four years of probation suspended from an underlying terms in prison for convictions related to injuries inflicted on law enforcement and corrections officers during a 2018 rampage in jail.
Carol S. Fowler was handed identical sentences for identical crimes in both cases Friday, Nov. 22 in Atchison County District Court. Fowler was sentenced to 27 months in state prison for felony batteries of a law enforcement officer. Fowler was deemed eligible for 20 percent good time credit in each case. Each sentence was suspended to 24-month probation periods, are to run consecutive to one another.
Atchison County Community Corrections will monitor the probation. Fowler was also ordered to pay all applicable fees.
Before the hearing of sentence Fowler’s court-appointed attorney, Kelly Fuemmeler, of Troy, filed a motion for departure from her client’s initial presumptive prison sentence, according to Kansas Sentencing Guidelines. Fuemmeler told the court Fowler’s circumstances have greatly changed since the incidents occurred, and that her client had served more than eight months in jail custody before her release on her own her recognizance.
In the time between Fowler’s arrests for the outbursts she underwent a mental evaluation and subsequent treatment at the Larned Mental Health Correctional Facility. After returned to Atchison her court proceedings resumed. Fowler pleaded guilty to the crimes in Sept. 13, any remaining charges were dismissed.
Atchison County Attorney Sherri Becker said he had no objection to the departure from a prison sentence.
“I have interviewed all the
officers involved and they are all supportive that the defendant serves no prison time,” Becker said.
District Court Judge Robert Bednar said there is compelling evidence and best interest of the community to not support the special rule that would send Fowler to prison. If prison sentences were imposed Fowler might be at risk to regress because medication might not be correctly dispensed as it should be for her to maintain good mental health.
“Best of luck to you,” Bednar told Fowler. “You have come a million miles since we first met.
Bednar continued, “After what you have gone through, you’re a good candidate for probation. Good luck.”
Fowler was 48 years old at the time of her arrest for the batteries she committed July 2, 2018 and June 29, 2018 in the Atchison County Jail.