Josie Makens, 28, appeared in Wallowa County Circuit Court for a plea and sentencing hearing on two separate cases Oct. 2. Deputy district attorney Rebecca Frolander appeared for the state while attorney Brent Smith represented Makens.
The first case involved six charges, including unlawful use of a weapon, a felony, followed by five misdemeanors: menacing constituting domestic violence, recklessly endangering another person, pointing a firearm at another and harassment.
The second involved a May 1, 2017, incident in which Makens was arrested for one count of unauthorized use of a vehicle, a felony and a count of criminal trespass in the second degree, a misdemeanor. This occurred while Makens was out on bail from the first case.
As Judge Russell West asked the defendant if she understood the consequences of pleading guilty and if she were happy with the job her attorney did, she said she thought Smith did not pursue every avenue involved with the case, although she added that he had done what she requested of him.
After conferring with Smith for a few moments, Makens said she was satisfied with Smith and prepared to plead guilty on both cases although she added she had only skimmed through her plea petitions.
Upon further questioning, Makens said she didn’t believe she was guilty, and when West asked if she was under the influence of drugs or alcohol and what a urinalysis would show, Makens tearfully admitted she was stressed and consumed alcohol that morning.
She had not passed several previous tests while on bail.
West said he couldn’t take her plea if she were under the influence.
“I appreciate your honesty, but you’ve got to get you off the booze and drugs ... you’ll get credit for time served.” he said. West added Makens was still eligible for bail, although she had already paid $6,500 for the previous charges.
Frolander asked for $20,000 bail each on the two felonies as it was Maken’s fourth violation of the release agreement. A urinalysis officer also testified Makens tests indicated use of alcohol, methamphetamine and opiates since she had been in court less than two weeks previously and had attended inpatient residential substance abuse treatment over the summer.
As she could not make bail, West remanded Makens into custody until sentencing at an unspecified future date.