She Runs from Police at 100+ MPH — Then Complains About the Sentence

[00:00:00] Speaker 1: wishes by filing an application and she's in the state to deal with that now, and we'll get that paperwork in the 53rd circuit court for the county of Priscil, again, providing public access online and in the courtroom. And Mr. Gilbert, ready with a sentencing for who? Ms. Dayer. All right, this is People vs. Lisa Day, file 22-93211FH. I did receive an amended information from the prosecutor. Do you accept any objection to that in the file? No, Your Honor, thank you. And we're here for sentencing on charge of attempted fleeing the root in the 3rd degree, 2.5-year felony, and reckless driving, and 93-day misdemeanor. Have you had a chance to review the report and recommendations? I've reviewed the report and recommendations, Your Honor. Okay, any additions or corrections? None. The advisory guidelines are at 0 to 9, any scoring challenges? No, Your Honor. Mr. Rancevon, any additions or corrections or scoring challenges? No, no additions or corrections, no. Mr. Gilbert, go ahead with the allocution. [00:01:09] Speaker 2: Yes, Your Honor. Ms. Dayer, and as the court can see, is having a tough time with the recommendation. I do know that, and the court probably doesn't remember or looks in the file, Ms. Dayer is an individual that I did ask for a forensic on. I had a lot of concerns throughout the course of this case that she does have mental health issues. I know she does have a list of prescriptions. And talking to her just now, I guess there's been some prescriptions she hasn't been able to get refilled, and she's having some serious issues with that. There is a mental health issue, a component to this case. And I believe that's really what happened in the evening that this happened, was that she was having an episode, and which resulted in her clean eluding the police officers. I don't believe if Ms. Dayer would have been in her right mind at that time, that it would have happened. She does have a history of issues with her prescriptions. I would ask the court to consider possibly a link to probation. I'm not really sure how much the incarceration would help or deter in a situation where it was a little bit probably beyond her control due to her mental health issues. So I'd ask the court to take that into consideration and consider possibly no jail. Thank you. [00:02:31] Speaker 1: Thank you, Mr. Gilbert. Ms. Dayer, it's not required that you would make a statement. It is allowed. Is there anything you wish to say or no? [00:02:38] Ms. Dayer: I apologize. Like I said, I don't know what happened. My mind was processing what was going on at the time, and I just can't believe that I did something like this. Because it's totally out of my character, and I don't feel that I can continue my treatment if I'm incarcerated. And I need to continue my treatment because it's vital to my mental health. Thank you. [00:03:12] Speaker ?: All right, thank you. [00:03:14] Speaker 1: Mr. Ranspan, recommendations from the people? [00:03:17] Speaker 4: I'm totally in agreement with the recommendation from nine months in jail. I can't state enough how much of a risk and danger this state presented, not only to the officers involved, but to the public. To drive at that type of speed, running three officers off the road in order to avoid a collision, blowing through the intersection of M68 and 23 at a high rate of speed. Thankfully, Deputy Woodford essentially sacrificed himself in his car to get her somewhat off the road before she went running down in the middle of town and we had another incident in town. We just had a fatality out at that area maybe a couple of months ago. I think it's a dangerous intersection, Judge, and for her to do what she did, regardless of mental issues or not, she didn't deserve some incarceration. And I really believe it. Nine months is over. And insofar as she's getting mental health, I'm sure it can be arranged in Northeast Michigan for hearing mental health while she's in jail and taking treatment. Thank you. All right, thank you. [00:04:30] Speaker 1: Ms. Day, you're here for sentencing. It is your first felony. The guidelines are zero to nine. You did receive some benefits from the plea bargaining process to have it be a lesser felony. But this is a case where then, you know, police are responding to your behavior and, you know, causing a risk to the public, you know, dancing in the roadway and then driving and driving fast. And then you don't stop for police, you're at over 100 miles an hour running vehicles off the roadway, not only law enforcement, but just ordinary folks. So, you know, from a case I had earlier today, where appropriate, you know, there's a way to divert to the mental health system that can work sometimes. And in that case, it was, you know, resisting arrest that wasn't super active resisting and there wasn't really a great degree of risk to the officers, let alone the public. In this case, this is a case of extreme, extreme risk to the public and to those law enforcement officers. I agree with the statement in the report, it's fortunate that nobody was killed. It's just mistake compounds the mental health with with the substance abuse problems as well. I think that extreme risk to the public from this situation does mark some incarceration. Given the total circumstances, I am going to adopt that recommendation on the order that Ms. Day served nine months in the credit for accounting. Credit for four days previously served. 93 days on the misdemeanor count. Again, credit for four days. State costs of $118 in the crime victims assessment of $130. And Ms. Day can file an appeal if she wishes by filing an application. If she's in the state to deal with that now, we'll get that if we're working. [00:06:52] Ms. Dayer: "You guys don't know nothing about mental health?" [00:07:02] Speaker ?: "Comment your opinion."