Prosecutors wanted more jail time for a woman who kicked a Grand County sheriff’s deputy during a drunk driving arrest but support the judge’s decision to lock her up for 10 days.
On March 12, Jana Y. Raines, 49, pleaded guilty to second degree assault on a peace officer, a felony, and driving under the influence after she was arrested in late July in Hot Sulphur Springs.
The arrest report describes how Raines was stopped for weaving on U.S. Highway 40 and told officers she was on her way home to Golden, thinking she was in Lyons.
The arrest report says Raines failed roadside sobriety tests and resisted arrest when officers went to put her in handcuffs, at one point kicking a sheriff’s deputy in the abdomen and trying to kick him again in the groin.
At the Grand County Jail, Raines submitted to a breath test, which found her blood-alcohol content was almost three times the legal limit.
Per her sentencing, the assault charge is subject to a two year deferred judgment, and terms include 10 days in jail with the remainder of her jail time suspended.
The DUI conviction is not subject to a deferred judgment and sentence.
Also, Raines is not to commit any new crimes and must complete alcohol and substance abuse evaluations and any treatment recommendations. She is prohibited from using drugs or alcohol and must complete 48 hours of public service, in addition to paying all fines and fees and serving two years supervised probation.
“The sentence allows Ms. Raines rehabilitative treatment while being subject to supervision of a DUI conviction and on a deferred judgment for a class four felony,” the 14th Judicial District Attorney’s Office said in a statement.
Explaining the agreement, the DA’s office noted that Raines had a “very limited criminal history,” and the plea deal came after consulting with law enforcement.
“The DA’s office asked the court to sentence the defendant to a lengthier jail sentence, however the court elected to sentence the defendant to 10 days in jail,” the statement said before adding the office respects the court’s decision.