Fairbury Woman is Sent to Jail After Repeatedly Failing to Contact Probation

A Fairbury Woman charged with DUI is sentenced to jail after failing to follow the court's instructions on four occasions.Skiler A. Henry, age 23, of Fairbury, appeared in Jefferson County Court the afternoon of Wednesday, July 12, 2023. Linda Bauer was the presiding judge.The offense was alleged to have occurred on June 19, 2022. An investigation was begun after a motor vehicle accident. According to County Attorney Joseph Casson, the defendant originally told law enforcement she was the driver of the vehicle. Later, she allegedly changed her story and said she was a passenger and another person was driving.Originally, Henry was charged with first offense DUI (driving under the influence of drugs or alcohol), a class W misdemeanor, and procuring alcohol for a minor, a class 1 misdemeanor.In a separate case, Henry was charged with third degree assault, a class 1 misdemeanor punishable by up to one year in jail and a $1,000 fine. This alleged incident occurred on or about August 27, 2022. Portions of the court file are under seal, so no additional details are available as of press time.In accordance with a plea agreement, Henry pleaded No Contest to a charge of false reporting, a class 1 misdemeanor. The remaining charges were dismissed.The plea agreement was negotiated by Henry's then-attorney, Ronald Brackle. However, on the day of sentencing, Henry informed the court she had hired a new attorney. Her new attorney was Dustin Garrison.The defendant was ordered by the court to meet with the Probation Office and complete a PSI (Pre-Sentencing Investigation). The defendant did not do that, despite the court granting multiple continuances and giving Henry the opportunity to complete the PSI on four separate occasions.By way of explanation, Henry said she had difficulty in making contact with the Probation Office.“My phone got thrown into the lake about a month ago,” Henry said, indicating she did not have funds for a new phone. Despite this, Henry said she had tried to contact probation.“You didn't try very hard,” said Judge Bauer. “I've heard enough.”Garrison asked for another continuance, which was denied.When the judge asked about recommendations for sentencing, Casson asked for jail.“I don't know this case was handled very well by the previous counsel,” said Garrison. “I'm not sure she was advised real well.”The jail term for a class W misdemeanor is seven to 60 days in jail, compared with up to a year in jail for a class 1 misdemeanor. According to Garrison, had she pleaded to the DUI instead of the misdemeanor, as recommended by her prior attorney, she would not now be facing a year in jail.Garrison did not mention the other charges that had been dismissed.“You're clearly not a candidate for probation,” Judge Bauer told the defendant. “If you can't make a phone call, you won't be able to complete probation.”Garrison asked for seven days for his client, the minimum of a class W misdemeanor.Judge Bauer sentenced Henry to 21 days in jail, although she said she was originally considering sentencing Henry to 90 days. She credited Garrison's argument with the reduction.Henry was then remanded to the custody of the sheriff's office to carry out the sentence.

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