Luticia Falcon pleaded guilty last week in state court to ingesting meth back in June at Poplar and Pleasant in Pierre.
But Judge Bridget Mayer threw out the plea because Falcon was too high on meth . . . in court.
Falcon, 34, appeared before Mayer on Aug. 6, with her attorney, Tara Adamski, who said Falcon was ready to take the deal offered by Hughes County State’s Attorney Roxanne Hammond: cop to one meth count, have another one dismissed. Both counts are Class 5 felonies that each could mean 5 years in prison.
Mayer grilled Falcon to make sure she knew it was meth and could recount, roughly, how she went about snorting it and getting arrested back on June 6.
They talked about Falcon not keeping to the required regimen of testing to make sure she hasn’t been using drugs since June which has allowed her to be free on bond.
It appeared there was a problem.
Mayer started talking about having Falcon give a urine analysis test right in the courthouse.
Adamski then told Mayer that, “at this point in time, she did have a relapse.”
In other words, Falcon was saying she would test "hot" for drugs.
Mayer told Falcon she appreciated her candor and began discussing arrangements for Falco to be taken into custody for a drug test.
Then a court services officer asked Mayer: Was Falcon to be considered sober enough a few minutes earlier to plead guilty to using meth back in June?
Mayer said the plea would not stand, would have to be vacated.
She ordered Falcon jailed “until further notice,” meaning until she could enter a plea while not intoxicated. The law doesn't allow an impaired person to plead guilty, Mayer told Falcon.
Mayer also revoked Falcon’s bond.
A sheriff’s deputy handcuffed Falcon to take her to jail.
She is slated to appear again before Mayer on Tuesday, Aug. 20, when she will be able to plead guilty again - or not guilty, for that matter - to using meth on June 6. And she also will have the opportunity to plead guilty, or not guilty, to a new charge of using meth on or shortly before Aug. 6, not long before she appeared last before Judge Mayer.