Meth seller is sentenced in SlaytonEleven months after a confidential informant purchased methamphetamine from Christine Kay Kirchner in Slayton, she was sentenced in Murray County District Court.
SLAYTON — Eleven months after a confidential informant purchased methamphetamine from Christine Kay Kirchner in Slayton, she was sentenced in Murray County District Court.
Court documents state Kirchner, 23, of Avoca, pleaded guilty in June to a fifth-degree controlled substance crime. The complaint against Kirchner states she sold meth to a confidential informant twice — 2.1 grams on Aug. 30, 2007, and 1.4 grams on Sept. 11, 2007. Originally charged with second-degree controlled substance sale, the charges were amended in May.
Kirchner was sentenced to 12 months and one day incarceration, but given a stay of adjudication for all but 120 days. She is to serve 30 days — 10 in jail and 20 on electric home monitoring — for now, then 30 days each year until the 120 days are fulfilled. After serving the first 30 days, she may petition the court to have the rest of the sentence vacated. She was also sentenced to five years of supervised probation and a $3,000 fine, along with random testing and abstaining from drugs.
The pre-sentence investigation gave a recommendation of no jail time, but Murray County Attorney Paul Malone objected, telling Judge David Christensen the state did not support that decision.
“With this type of meth charges, 30 to 90 days is standard,” Malone stated.
Kirchner’s attorney, James Fleming, reminded the judge that the recommendation came from a probation officer, who had indicated Kirchner should be placed on probation under the stay of adjudication.
Fleming argued that when Kirchner “came to me, she was essentially a mess,” but had entered treatment and had a strong family support system.
“Talk about a need for success stories,” Fleming said. “She could be a success story.”
Fleming blames Kirchner’s involvement in meth sales on another, saying she was befriended and then obtained the meth at his “strong suggestion.”
“And through no fault of anyone in the courtroom, she is with child,” Fleming added. “I don’t know how the court feels about pregnant women in jail, but I don’t see the need for it.”
When asked by the judge if she had anything to say, Kirchner apologized, adding “it will not happen again.”
Despite Fleming’s stand, Kirchner will serve 10 days in jail, but is authorized for work release.