Dayton student avoids prison in cocaine sale

A 17-year-old Dayton High School honor student, identified as the procurer in a sting operation to purchase cocaine, avoided being sent to a juvenile detention center Monday because she has no prior record or evidence of drug use.

District Judge Michael Gibbons told Kaila Fraker if she were adjudicated in adult court, the admission that she trafficked 7 grams of cocaine would have resulted in a prison term.

Fraker, her sister Tifany, 19, and Bailey Jo Garcia, 19, were arrested Sept. 24 following the investigation of an Aug. 7 sale of cocaine to a confidential informant in north Douglas County.

Gibbons said it wasn't clear whether Fraker was a dealer or gave into one-time pressure from one of her co-defendants to acquire the cocaine.

Tifany Fraker and Garcia were sentenced in adult court to successfully complete Western Regional Drug Court or face prison terms for felony charges of conspiracy to violate the Uniform Controlled Substances Act.

Garcia testified that she drove Kaila Fraker to complete the Aug. 7 transaction and Tifany Fraker said she referred the confidential informant to her sister to get the drugs which were sold for $300.

Gibbons suspended placement in a juvenile facility, but ordered Kaila Fraker to serve 10 additional days in Douglas County juvenile detention within 90 days.

She also lost the use of her driver's license for at least 90 days from her arrest and must work 100 hours of community service.

Fraker's lawyer, Jennifer Yturbide, asked if the additional days in detention could be waived because her client is attending school and working two jobs.

Gibbons declined, pointing out he could have just as easily ordered Fraker removed from her home indefinitely.

"There has to be some level of punishment that has to be unpleasant," he said. "Stay out of trouble and put this behind you. Work up to your full potential and prove to everyone around you that you are earning it."

Prosecutor Tom Gregory said he did not believe Fraker had been forthcoming about her involvement.

"If somebody came up to me right now and asked me to get them 7 grams of cocaine, I wouldn't know where to start to find that quantity of cocaine that easily. We have a person here who sold drugs, getting them out in our community."

Yturbide classified Kaila Fraker's actions as a mistake.

"Place yourself in Kaila's shoes. She's getting calls from people older than she is. She's still in high school. People she looked up to kept calling her. She recognized from the moment she walked in here that what she did was wrong," Yturbide said.

She said from the number of negative drug results, it was obvious Fraker was not using controlled substances.

"She had a bad incident. She made a really, really bad choice. That's what kids do," Yturbide said.

Yturbide said she felt the prosecution was seeking a "one size fits all" punishment.

"The primary purpose of juvenile probation is to get the person back on track so they can be a successful adult who is contributing to the community," Yturbide said.

She said Fraker had support from her family and community.

Fraker took honor classes at Dayton High School, maintained a "B" average and was active in the community, Yturbide said.

"She's ready to change and she's willing to change," She said. "For just one mistake, we shouldn't throw her life away."