McCarty gets 12 months prison
By Bob Robinson

GREENVILLE – Tracey McCarty, 43, pleaded guilty to one count of F3 Illegal Manufacture of Drugs in January and was offered two options by Darke County Assistant Prosecutor Deborah Quigley and her attorney, Caroline Schmidt. One was 18 months (12 months prison and six months in the MonDay program); the other was a straight 12 months in prison with no treatment. The acknowledged addict chose the latter.

“Have you ever seen a dead body on the floor,” Darke County Common Pleas Judge Jonathan Hein asked? “I don’t want to see you on the floor. Put your face on the face of that person… that is where you’ll be.”

After statements from Quigley, Schmidt and the defendant, Hein said “Tell me about what happened when you were laying on the floor…” McCarty had overdosed. She had no pulse, the medics had to revive her.

She said someone asked her if she wanted to smoke a joint and she said yes. “That has never happened to me before.”

After noting recidivism is likely, Hein went through her drug history: alcohol at the age of two (to get you to quiet down), everclear at 15, marijuana at nine, cocaine and meth at 24 and now heroin. Darke County Recovery was not successful because of absenteeism.

“You’re sucking up resources,” Hein said. “You’re going to go to prison for 12 months. Nothing will be accomplished. The taxpayers will spend $26,000 on you. And you are going to come out the same way you went in… It’s a shame. Not because of me; because you won’t invest in yourself. You’re being lazy!”

After reiterating her client did not want the MonDay program, Schmidt said “she has never been shy about admitting to being an addict. She was employed in Texas, thought she could transfer back here but they let her go instead. Now she’s working (elsewhere) and making more money than ever before.”

McCarty said if she could keep her job she’d be able to pay off her fines; then asked about probation.

“No,” Hein said. “Twelve months. You understood that when you took this choice.”

Hein told her when she gets done he’ll have probation work with her, make resources available to her… will make sure she gets into recovery.

“For all of your words this is a waste of taxpayer money. In your life I hope this was your worst day… but I doubt it. You’ve already been in prison. You’re still doing the same thing.”

In addition to prison, McCarty owes a $5,000 fine and restitution of $125.

Noting this would likely be one of Schmidt’s last cases as a public defender, Hein thanked her for her hard work and service.

Published courtesy of The Early Bird