A Quincy business owner convicted of using a stun gun on a customer avoided going to prison during a hearing Wednesday in Adams County Circuit Court.
Angela D. Flachs, 38, of Hannibal, Mo., was sentenced to 24 months probation and 120 days in the Adams County Jail by Judge Robert Adrian. She was found guilty in February of aggravated battery in a public place and unlawful use of a weapon.
Adrian ordered Flachs to spend 21 days of periodic imprisonment in the Adams County Jail. She will report to the jail at 6 a.m. on June 2 and will be released for work during that period. The rest of her jail time will be stayed pending review.
It took a jury less than two hours on Feb. 11 to find Flachs guilty of both counts after a two-day trial. Police said Flachs used a stun gun against a customer during an altercation at AJ’s Dawgs, 534 Hampshire, in the early morning of April 21, 2013.
Adrian said he ordered the jail time because Flachs lied on the stand.
“It’s not appropriate to lie on the stand,” he said. “You said you didn’t ‘taze’ her. By doing that, you victimized her again by having photos of her bare breasts shown to the jury and everyone in court to prove that you were lying.”
Flachs could have been sent to the Illinois Department of Corrections for up to five years. However, since this was her first felony conviction, Adams County Assistant State’s Attorney Laura Keck asked that Flachs get probation.
“Mrs. Flachs seems to believe that the law doesn’t apply to her,” Keck said. “It’s not appropriate to take matters into your own hands. ... Vigilante justice is not appropriate. There are police to call and laws to follow. If you have a problem, you don’t take the law into your own hands.”
Quincy police responded to a call at the restaurant about 2:30 a.m. on the day of the incident. A customer had called 911 and reported that the owner was harassing her. The woman said that Flachs had used a stun gun on her twice outside the restaurant.
Flachs said during the trial that she never left the building and only sparked the stun gun while she was inside. During Wednesday’s hearing, Flachs admitted her guilt.
“I’m sorry. I do accept responsibility for this,” she said. “My behavior was wrong, and I should not have done this. I just don’t want to go to jail.”
Flachs, whose voice started to crack near the end of her statement to Adrian, showed little emotion as Adrian announced his decision.
Adrian also fined Flachs $500. That is part of $7,593 in fines and fees that Flachs will have to pay while she is on probation. Flachs used Public Defender Brett Jansen to represent her at trial, then hired Gerald Timmerwilke after the trial. Adrian ordered that the Public Defender’s Office be paid $2,325, a rate of $50 an hour, for the 46½ hours Jansen spent on the case.
Information in the case was filed July 24. Flachs was served with an arrest warrant Sept. 11. She has been free since posting $500 bond that day.