Janet Pauline Gervase
A woman who was caught huffing canned air while on a felony DUI diversion was sentenced to 15-48 months in prison and fined $2,000.
Janet Pauline Gervase, 32, was sentenced on Tuesday after six months in the program.
Attorney Brian Filter acknowledged his request to send her back to the DUI court for another chance was a long shot.
Prosecutor Chelsea Mazza pointed out her office argued against allowing Gervase to do the program in the first place.
Prosecutors agreed not to pursue a subsequent felony DUI at the time. Gervase had a previous DUI that resulted in an injury to her son.
The child was in the vehicle when she ran into a gas station on April 30, 2023, with a .144 blood alcohol content.
“I’m begging you for another chance, so I can get the help I need,” she told the judge.
District Judge Tod Young said it was inappropriate to send her back to the DUI Court.
“You’ve resisted efforts to change your life,” he said in remanding her to prison.
• A man admitted to one count of felony child abuse after he reportedly touched a teenager’s genitals.
Damascus Trevor Fox Woodside, 24, entered a guilty plea in connection with the Oct. 15, 2022, incident where he rubbed up against the juvenile during a party while drunk.
Under an agreement, prosecutors will cap their argument for prison at 19-48 months. The charge carries up to a six-year prison sentence.
