When a Ramsey County Judge ruled against sending Danielle Sivels to jail after she fled the scene of an accident that left a young mother unconscious, she did so with conditions.
Sivels was to get a mental health assessment, abstain from all mood-altering chemicals and show up for meetings with her probation officer.
At a hearing in Ramsey County District Court last week, the same judge who showed her leniency in 2016 chastised Sivels and her probation officer for Sivel’s failure to live up to her end of the bargain.
“She has been doing this the entire time she’s been on probation,” Ramsey County Judge Joy Bartscher said at the probation hearing. “She has not taken responsibility. She needs to step up or she’s going to jail.”
Sivels remained mostly quiet during the hearing other than her attempts to correct the judge’s characterization of her evasive conduct. At one point, Sivels uttered, “It’s not fair.”
“You need to listen,” Bartscher replied sternly.
Sivels was charged with violating the terms of her probation in July. Violations included failing to provide clean urine assessments on three occasions — her tests indicated cocaine-use — failing to show up for several other scheduled drug tests, failing to show up for appointments with her probation officer, lying to her probation officer, and failing to complete treatment for substance abuse, according to Andy Erickson, Deputy Director of Ramsey County’s Adult Services Division.
VIOLATION FOLLOWS CONVICTION FOR HIT AND RUN
Sivels was convicted in early 2016 of one count of criminal vehicular operation that resulted in great bodily harm to the other driver.
On March 16, 2015, Sivels sped through a stop sign at more than 50 mph and smashed into another vehicle, leaving a 26-year-old mother of two slumped over her steering wheel unconscious, court documents say.
Sophia Bouwens was hospitalized with a severe concussion, a fractured skull and bleeding on the brain. Initially in a coma, doctors eventually diagnosed Bouwens with a brain injury, a broken leg and a broken jaw.
Authorities said at the time that Sivels limped away from the scene of the accident on a broken ankle and then lied to officers about her involvement, saying that her Dodge Charger had been stolen at the time of the crash.
Surveillance cameras, however, captured images of Sivels walking away from the car, according to the complaint.
Video from a liquor store showed Sivels leaving the retailer shortly before the crash took place.
TEARS AND LENIENCY AT 2016 SENTENCING
Sivels, who pleaded guilty in May of 2016, cried at her sentencing hearing the next month, telling Judge Bartscher that she was sorry and that she never intended to hurt anyone.
“I didn’t see her there, your honor,” Sivels said at the time, asking the judge to allow her the opportunity to get her life back together outside of jail so she could parent her children.
Bartscher granted Sivels’ request and stayed her sentence on the condition she receive a mental health assessment and comply with all health care recommendations resulting from it, as well as abstain from mood-altering chemicals and follow all other terms of her probation.
If she didn’t, Sivels was told she’d be ordered to spend 180 days in jail minus time she’d already served on the offense.
PROBATION VIOLATION AND CALLS FOR ANOTHER CHANCE
A warrant was issued for Sivels arrest after she failed to show up for 13 scheduled drug tests between May 11 and July 9, according to Chris Crutchfield, a spokesman for Ramsey County Community Corrections.
The no-shows followed three instances last winter when Sivels tested positive for cocaine, Crutchfield said.
She was taken into custody Oct. 18 and released Oct. 26 after admitting the probation violation and promising Bartscher she would get a chemical assessment conducted before her next hearing.
Bartscher said Friday that Sivels failed to do so.
Despite violating probation, the probation officer who spoke at her hearing Friday told the judge that Sivels deserved another chance to get on the right track, adding that the 33-year-old has been toeing the line of late.
She passed her two most recent drug tests, for example, showed up for a chemical assessment, and has been in touch with her probation officer, the woman told Bartscher.
She added that the reason Sivels hadn’t gone to treatment yet was because she was working to get admitted to a program to treat both her substance abuse and mental health problems.
A prosecutor from the Ramsey County Attorney’s office said he backed up probation’s recommendation to send Sivels to treatment versus jail.
HARSH WORDS FROM JUDGE AT PROBATION VIOLATION HEARING
Bartscher granted Sivels 45 days to prove she’s made progress on her treatment goals, but she didn’t hide her frustration about giving her another chance.
“I want to be really clear with everyone. … She doesn’t choose her treatment,” Bartscher said, adding that it was probation’s job, not Sivels, to decide what course of action was best for her.
“She is a danger to the community when she is not taking care of business,” Bartscher continued. “None of you are going to be in the newspaper if she (commits another crime). I will.”
Sivels’ attorney, Lucas Rezac, told the judge during the hearing that his client was accepted to an intensive outpatient program that would treat both her mental health and substance abuse problems and intended to start the program soon.
Sivels, who wore a turquoise sweatshirt that read “Live like a Queen” on the back, stormed angrily out of the courtroom following the hearing.
Her attorney did not respond to a request for comment.
Sivels will have another hearing on her probation violation Dec. 21. At that time, the parties will discuss whether she’s continued to take steps toward rehabilitation, or if her conduct warrants jail time.
Sivels was convicted of drunken driving in 2005, 2007 and August of 2016.