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June 23, 2005
Downey woman sentenced to prison
POCATELLO - Sixth District Judge N. Randy Smith sentenced a Downey woman to at least seven years in prison Monday for having intercourse with two teenage boys.
Donna McNee, 41, 11 W. 2nd St. N., was arrested in December 2004 and charged with five counts of sexual abuse of a minor, but following a plea agreement with prosecutors April 26, three counts were dismissed.
At the sentencing, Smith gave McNee a unified sentence of 30 years behind bars, which includes seven fixed years and 23 years of indeterminate time.
McNee's attorney, Curtis Holmes, said the sentence was a "shock."
He said it was excessive because he and the pre-sentence investigator each recommended six months in a correctional boot camp program called retained jurisdiction.
Holmes said his client will appeal the sentence within the next six weeks, which is the time frame allowed by law.
"I understand where the judge was coming from," Holmes said. "He was trying to send a message. But I know more about Ms. McNee's situation than (Smith) does. I don't think the sentence was fair."
Prosecutor Dennis Wilkinson disagrees with Holmes. He said he recommended a five-year sentence.
He added McNee's case is a rarity because most perpetrators in child sexual abuse cases are male.
"Whenever an adult decides to have sex with a child, it's going to be taken seriously," Wilkinson said. "I think the sentence Judge Smith gave Ms. McNee reflects that."
Posted by Nealus at June 23, 2005 03:59 PM
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