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A Jennings County judge rejected Thursday a guilty plea to a drinking charge by a Seymour woman facing an unrelated reckless homicide charge in Jackson County.
Brianne E. Maynard, 18, had planned to plead guilty to illegal consumption of alcohol, a Class C misdemeanor, during a change of plea hearing Thursday morning, but Jennings Superior Court Judge Gary Lee Smith rejected that agreement.
Deputy Prosecutor Donna Marsh declined to discuss Smith’s decision but said the case is now back in the hands of Maynard and her attorney, Bradley A. Johnson of Seymour.
Johnson, who could not be reached for comment, could try to work out a new plea agreement with the prosecutor’s office or the case could go to trial, Marsh said.
Maynard was arrested in March on the illegal consumption charge. She also was charged then with a Class C infraction of driving with a blood-alcohol content of at least 0.02 but less than 0.08 while younger than 21 years of age.
“It’s basically a traffic citation,” Marsh said.
Her trial had been set for Sept. 4, but that date was canceled by Smith on Aug. 5 at Johnson’s request.
Maynard also faces four Class C felony charges in connection with the June 1 wreck that led to the death of Crystal Engelking, 35, of Freetown. Engelking died following a head-on collision on State Road 258 west of Seymour.
Although out on bond on those charges, the Jackson County prosecutor’s office is seeking to revoke that bond.
Maynard was arrested Aug. 1 on four charges related to that wreck — reckless homicide, causing death when operating a motor vehicle while intoxicated, causing death when operating a motor vehicle with a blood-alcohol content of 0.08 or greater, and causing death when operating a motor vehicle with a Schedule I or Schedule II controlled substance.
She posted a $15,005 bond on Aug. 2 on those charges and was released from the Jackson County Jail in Brownstown.
However, Maynard now faces a bond revocation hearing at 2 p.m. Sept. 5 in Jackson Circuit Court on a separate theft case that was filed July 31.
Chief Deputy Prosecutor Jeff Chalfant said that charge stems from Maynard’s arrest on Feb. 6 on a Class A misdemeanor conversion charge. Chalfant said that charge is a result of allegations that Maynard stole from her employer.
Maynard posted bond on that charge and one of the conditions of her bond was that she not commit any new criminal offense while free, Chalfant said.
After the wreck that led to Engelking’s death and Maynard’s arrest on the illegal consumption charge in Jennings County, Chalfant said it was the feeling of those in the prosecutor’s office, including Prosecutor AmyMarie Travis, that the conversion charge should be upgraded to a theft charge, which is a Class D felony.
Chalfant said Maynard’s arrest in the Jennings County incident as well as in the death of Engelking were violations of her condition of bond, prompting the request that Maynard’s bond be revoked.
Jackson Circuit Judge Rick Poynter, however, will have the final say.
In a related civil matter, the attorney for the Engelking family filed a lawsuit seeking damages against Maynard; her father, James F. Maynard; John F. Alexander; Cynthia A. Alexander; and Dillon R. Devore.
That lawsuit, prepared by North Vernon attorney Mark Dove, contends Brianne Maynard was negligent because she was driving under the influence of alcohol, illicit and legend drugs and was texting at the time of the wreck that left Crystal Engleking dead.
That lawsuit also contends Maynard’s father was negligent because he allowed her to drive his car despite knowing his daughter drank to excess, texted while driving and was prone to having crashes.
The civil lawsuit charges that the Alexanders and Devore are liable because they had furnished alcohol to her the night before the wreck that killed Engelking.
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