Judge scolds Quincy woman before giving 24 months probation on meth charge

Angel Smith
Posted: Feb. 25, 2013 5:45 pm Updated: Mar. 11, 2013 6:15 pm

Herald-Whig Staff Writer

A Quincy woman was sentenced to probation on a methamphetamine charge Monday, but not before she was admonished by Judge William Mays.

Angel D. R. Smith, 23, was sentenced to 24 months probation after she pleaded guilty last month to unlawful possession of methamphetamine precursors, a Class 2 felony. She was given TASC probation, meaning that if she successfully completes it, the felony charge will be stricken from her record.

Mays made it clear to Smith that if she doesn't adhere to every condition of her probation, he will revoke it.

Smith was one of two people arrested on Sept. 18 on charges of aggravated unlawful participation in methamphetamine manufacturing, a Class X felony. That was one of four charges levied against Smith and David A. Day, 48. That charge and two others against Smith -- meth-related child endangerment and a second unlawful possession of methamphetamine precursors -- were dismissed as part of a plea agreement.

An 18-month-old child was in the residence at the time the search warrant was served. During Smith's preliminary hearing, Quincy Police officer Nick Hiland, a member of the West Central Illinois Task Force, testified that a shake-and-bake meth bottle was found four to six feet away from the baby's crib.

Hiland testified that Smith had bought 36 boxes of pseudoephedrine and had blocked from buying he medication six times over the previous two years. Smith's last purchases were on Aug. 8 and Aug. 26, when she bought the largest boxes available at Wal-Mart.

Task Force officers seized reaction vessels, Coleman fuel, sulfuric acid, salt, lithium, batteries, glassware and a large amount of meth waste. Agents also seized cannabis, hydrocodone pills and drug paraphernalia.

Mays said he only agreed to the plea agreement of probation because this was Smith's first offense.

"If you are going to do the same things that you've been doing, you will fail at probation," Mays told Smith. "You need to kick David Day out. You need to get rid of him.

"The next time I see a drug case with a child involved, I might not take a plea that includes probation. Maybe they need to go to the Department of Corrections because they are doing a pee-poor job of taking care of their children."

Day, who was in attendance at the hearing, still has charges pending in his case. He entered a not guilty plea after a preliminary hearing on Oct. 10. He waived his right to a jury trial on Feb. 5. His next scheduled court date is March 6.

First Assistant State's Attorney Gary Farha said his office went along with probation because it was Smith's first offense and she had been active in her efforts to rehabilitate. Still, he was disturbed with Smith's version of what happened before the arrest. Smith told investigators that she sold the box of pseudoephedrine for $50 so that she could buy diapers and wipes for her baby. Farha signaled to the fact Smith's name popped up on the pseudoephedrine pill log more than 30 times.

"She supplied pills as part of the (meth-making) process," Farha said. "That's a very serious thing."

Smith apologized to the court.

"I am trying my best to get everything together," Smith said through tears.

Smith's child is no longer in her custody.

Mays sentenced Smith to 90 days in the Adams County Jail, with credit served for 46 days. He stayed the rest of that time pending review of Smith's case. She was fined $3,257.