PIERRE, S.D. — 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.
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 giving Falcon a urine analysis test right in the courthouse.
Adamski then told Mayer that, “she did have a relapse.”
Then a court services officer asked Mayer: Was Falcon to be considered sober enough a few minutes earlier to plead guilty?
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, which isn’t allowed under state law.