Reagan Fransway was ordered to complete the 18-month drug court program as part of an order to complete a diversion program in Sixth Judicial District Court after she pleaded guilty to one count of assault on an officer by prisoner, a category D felony.
Fransway, age 38, reportedly attempted to kick and spit on an officer following her lawful arrest on September 13, 2018. Potential penalties for the conviction included 1-4 years in prison, a fine of not more than $5,000 and probation eligibility.
Fransway’s defense counsel filed an application for a diversion treatment program prior to the sentencing hearing, and she had been participating in the Humboldt County mental health specialty court as a condition of her release from custody.
“Obviously alcohol is a significant problem for Ms. Fransway; when she is off the booze and in counseling she is a wonderful person and model citizen and we would ask the court to grant probation,” said Humboldt County Public Defender Matthew Stermitz.
Fransway told the court she is doing well and attending meetings, volunteering, staying away from drugs or alcohol and working. She asked the court to continue to allow her to participate in the specialty court program rather than carry out a prison sentence.
“I love the opportunity of staying here on the outside and having the opportunity to get well and continue on my recovery. I feel good about the recovery and thank you for the opportunity to be on the mental health program,” said Fransway. “I appreciate all the time everyone has spent on this and I’m feeling really positive at this point about sobriety, so thank you.”
Sixth Judicial District Court Judge Michael Montero had some questions of Fransway following her allocution statement, specifically about her previous completion of a treatment program and why she thought this time might be different.
Fransway said she completed treatment court in Jan. 2018, after one year of program participation. She admitted that her sobriety lasted maybe a month before she relapsed in her sobriety. She said she currently has a strong connection with her children and she realized that even legal substances are an issue for her.
“With my addiction, I can’t have any mind-altering chemicals,” said Fransway. “For me, it’s not an option even though it’s legal because it leads me to other things and alcohol is the one where I’m not myself anymore and I can be violent and that’s not me. I like to be the person I am now sober so I definitely would stay away from marijuana and I think that’s the lesson I learned.”
Montero said he had concerns about Fransway’s participation in mental health court, as the previous time didn’t prove to work. He placed her on diversion and ordered her to complete the Humboldt County Drug Court program for 18 months. If successful, she will avoid a felony conviction and possible prison sentence.
Fransway will be expected to adhere to intensive supervision to include electronic monitoring and digital media storage without a search warrant. She was also ordered to pay a $3 DNA collection fee, $25 administrative assessment fee and $250 public defender fee.
If Fransway fails to complete the court-ordered requirements, the court can rescind the diversion program, convict her of the felony and sentence her.
