Posted on 01/18/2013 3:41:35 PM PST by GSWarrior
In alleged violations of the terms of her probation, Heather Jensen failed three court-ordered drug tests in the months before the Nov. 27 incident on Grand Mesa that led to the deaths of her young sons, according to records obtained by The Daily Sentinel.
Steps to revoke Jensens deferred judgmentpotentially jailing her for an unknown period of timestarted in December and resulted in a court filing earlier this month.
Ms. Jensen has produced urinalysis tests which tested positive for THC on the following dates: March 21, 2012, October 8, 2012, and October 26, 2012, reads a summons and complaint filed by Mesa County Criminal Justice Services caseworkers, signed on Dec. 31.
THC is the primary intoxicant in marijuana.
The complaint said Jensen must appear in Mesa County court today, Jan. 18, to show cause why her deferred judgment shouldnt be revoked.
She did not report to produce a (urine) sample in the month of November 2012, a caseworker wrote in the complaint. On December 13, Ms. Jensen produced another urinalysis which tested positive for THC.
The complaint was filed at the Mesa County Justice Center on Jan. 3.
Aside from the drugs, the filing suggests Jensen had trouble showing up to meetings with county officials. Caseworkers wrote in the filing she missed three scheduled check-ins since March 21, 2012.
The no-show dates arent specified, but they constituted more alleged violations.
Jensen, 24, waived extradition during a first court appearance Thursday in Lee County, Fla. She was ordered held without bond, while the Mesa County Sheriffs Department has said it wont release information on the timing of Jensens return.
Jensen was arrested Wednesday leaving her mothers home in North Fort Myers, Fla., on a Mesa County warrant listing two counts of criminally negligent homicide, two counts of child abuse resulting in death while acting with negligence, and one count of false reporting.
The Palisade mother was charged by District Attorney Pete Hautzinger in connection with a Nov. 27 incident on Grand Mesa that led to the deaths of sons, William, 2, and Tyler, 4. The boys died of hyperthermia, or overheating, after they were left in their mothers running Toyota 4Runner.
Isnt unusual
Mesa County Criminal Justice Services Director Dennis Berry, who reviewed Jensens file, said the handling of the probation appeared consistent with most deferred-sentence clients in Mesa County.
Generally, on the first positive (for pot), well deal with it internally, but a second we wont, he said. This isnt unusual for the kind of process for folks on a deferred judgment.
Jensen was arrested March 13, 2012, for domestic violence after her husband, Eric, told Palisade police that a fight escalated after he confronted her about hanging out with friends she received medications from. Eric Jensen told officers his wife used Vicodin and Percocet, while shed punched him during the fight.
She pleaded guilty to third-degree assault and received an 18-month deferred judgment. The agreement with the District Attorneys Office gave Jensen a chance to erase the conviction if she stayed out of trouble, while complying with a host of terms and conditions.
Berry said the first positive drug test in Jensens case March 21 reflects marijuana in her system on the day she was first evaluated by Criminal Justice Services, after her sentencing. She also tested positive for opiates, according to court records.
The positive marijuana test on Oct. 8 likely would have led to discussions with Jensen and her treatment provider, among other steps, Berry said.
The test from Oct. 26 we considered to be residual use (leftover THC from Oct. 8 test), he said.
The Dec. 13 test, however, was deemed to reflect new use, which Berry said set wheels in motion for Criminal Justice Services staff to start the process for a possible revocation of probation.
Berry said Jensen missed check-ins with her case manager, for the third time, on Nov. 30.
Despite passage of Amendment 64 and medical marijuana in Colorado, Criminal Justice Services clients are generally prohibited from using any drugs, including marijuana, among terms and conditions of their probation. There are rare exceptions, Berry said.
A boyfriend of Heather Jensens told Mesa County sheriffs investigators that Jensen allegedly admitted using marijuana on the night of Nov. 27 on Grand Mesa, when she allegedly met a man and had sex as her children were overheating in her nearby 4Runner.
Move on with my life
In a hand-written letter addressed to Mesa County Court Judge Bruce Raaum, Jensen asked permission from the judge to leave Colorado, saying shed changed in a very good way after completing court- ordered domestic violence counseling. The letter was dated Dec. 11.
I believe it would be a great opportunity for me to start my life over again in Florida, and being surrounded by all my family who loves me to help me get through the losses Ive had in this past month, Jensen wrote in the letter. And I would greatly appreciate it if you will let me move on with my life in Florida.
The terms of Jensens deferred judgment said she had to remain in Colorado, absent prior court approval to leave. The sentence runs through September of this year.
Jensen apparently left anyway.
The defendants request (to leave state) was not referred to the District Attorneys Office for a response, Deputy District Attorney Danielle Lewis wrote, objecting to Jensens request, despite the fact Jensen had already left Colorado. The court did not rule on the defendants request to leave the jurisdiction, but rather stated that it had reviewed the defendants documentation.
Defendant does not have permission to leave the state, Raaum wrote in a hand-written ruling.
The judge signed his ruling on Jan. 7.
If she sobers up for good, that is going to be one heavy burden to carry through life.
I’m betting she doesn’t stay sober once this sinks in.
Oh wait. . . . I guess they are illegal. Well dang. Sounds good anyway. sarc.
“Criminal Justice Services clients are generally prohibited from using any drugs, including marijuana, among terms and conditions of their probation.”
Clients? Why are they calling criminals on probation “clients” of “Criminal Justice Services”?
Maybe she should have studied harder.
Overheating is not a cause of death I would expect at 10,000+ feet in western CO in late November. Dang.
I thought WEED was legal and just fine in Colorado.
So why all this ‘linkage’?
Even if the outdoor temperatures were in the 40’s, it would get very hot inside the car with engine and cabin heat running. Also possible is a carbon monoxide component, which was not announced by the media but likely present as well. BTW the resort is at 8,200 feet, not 10,000.
MJ smoke is magical and causes no harm to the user.
I know because I know a guy who is a CEO of 3 companies, and makes lots of money and he split the atom, and he smokes marijuana every day.
Did I mention he's a republican and smokes marijuana every day and that republicans better get on board with marijuana because there is nothing more important than marijuana, and he plays video games all day and smokes marijuana.
But he's the CEO of all these companies and marijuana never affected him.
Marijuana.
I heard about a guy who took a toke, went beserk and murdered an entire country in their sleep and then ate their heads. He got to be a real problem when he reached puberty.
Records say 40 at 8 pm. 20 at around midnight.
I’ve been in a lot of cars under similar conditions and I don’t recall any time conditions became life-threateningly hot.
Hyperthermia in a winter climate as a cause of death just strikes me as really weird. Especially since one of the boys was 4 years old and not exactly a helpless infant strapped into a car seat. Not saying that isn’t what happened. But I’d like to see a similar car placed under similar conditions and see what the temperature rises to.
Not likely. As quite a few people have intended when attempting suicide in their garages.
Modern emission controls make even intentional suicide by CO really difficult using automobile engines.
Freepers, I don’t suggest that you try out Logan’s theory about modern cars and CO. Just in case he is wrong....
I don’t recommend it either. In a really tight space, the car will pretty quickly use up the oxygen and asphyxiation, as opposed to CO poisoning, becomes a possibility. And there is always the potential for an engine’s pollution controls not working properly...
If you are intent on CO poisoning yourself, it’s really easy to do using an engine without such controls, like a lawnmower or compressor, for instance. Running a five-horse model inside a garage (with the door open!) you can reach lethal levels in about 10 minutes.
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