Charges dropped after woman spends 5 months in jail for 2 day se - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

Charges dropped after woman spends 5 months in jail for 2 day sentence

Posted: Updated:
Destiny Hoffman (Source: Clark County Jail) Destiny Hoffman (Source: Clark County Jail)
Jeremy Mull Jeremy Mull
Nathan Masingo Nathan Masingo
  • Heartland NewsMore>>

  • Deadly Franklin Co. crash under investigation

    Deadly Franklin Co. crash under investigation

    Tuesday, July 29 2014 10:21 AM EDT2014-07-29 14:21:49 GMT
    The Franklin County Sheriff's Department is investigating after a Sesser man was killed in a crash early Tuesday morning
    The Franklin County Sheriff's Department is investigating after a Sesser man was killed in a crash early Tuesday morning

  • Jury recommends death penalty in 1983 rape-murder

    Jury recommends death penalty in 1983 rape-murder

    Tuesday, July 29 2014 8:54 AM EDT2014-07-29 12:54:27 GMT
    A Jefferson County jury has recommended the death penalty for a Louisville man convicted of raping and killing a woman in 1983.
    A Jefferson County jury has recommended the death penalty for a Louisville man convicted of raping and killing a woman in 1983.
  • Construction aims to build up business on the Carbondale Strip

    Construction aims to build up business on the Carbondale Strip

    Tuesday, July 29 2014 7:10 AM EDT2014-07-29 11:10:33 GMT
    The face of the Carbondale Strip is changing in a way city leaders say will help revitalize the downtown area.The old 710 Bookstore building is gone. In its place, several pieces of heavy equipment thatzigzaggg across a hole that’s about one-square block in size.Crews are laying the groundwork for what will be the Carbondale Flats development.“They’re drilling caissons, and putting up pilings now,” said Carbondale City Manager Kevin Baity. “They’ll start doing sub-surface draining and then st...
    The face of the Carbondale Strip is changing in a way city leaders say will help revitalize the downtown area.The old 710 Bookstore building is gone. In its place, several pieces of heavy equipment thatzigzaggg across a hole that’s about one-square block in size.Crews are laying the groundwork for what will be the Carbondale Flats development.“They’re drilling caissons, and putting up pilings now,” said Carbondale City Manager Kevin Baity. “They’ll start doing sub-surface draining and then st...

LOUISVILLE, KY (WAVE) – She was only supposed to spend two days in jail, but was wrongly kept locked up in the Clark County Jail for five months.

On Monday, prosecutors dropped all current charges against Destiny Hoffman, 34, but it appears her next step is a civil lawsuit.

"Clearly something wrong happened," said Clark County Chief Deputy Prosecutor Jeremy Mull.

If it wasn't for a deputy prosecutor discovering the oversight while reviewing documents, Mull said Hoffman would most likely still be behind bars.

Back in August Hoffman was ordered to serve 48 hours in jail as part of a county drug treatment program. After the two days, she was to be held for further evaluation and recommendation for treatment. The recommendation never happened.

Come to find out, the same thing happened to Jason O'Connor in Judge Jerry Jacobi's courtroom.

"Evidently in these two cases, none of the follow up that might typically occur in drug court did occur and therefore those individuals did remain in the jail long after these ordered sentences have been served," said Mull.

Hoffman's public defender, Nathan Masingo, had no idea what had happened until last week. That's because when you enter drug court, you agree to admit guilt of your charges.

"Once you plead, the public defenders office withdraws from the case, our job is done at that point. We are not involved in the drug court program at all," said Masingo.

Masingo said Hoffman wrote two letters to Judge Jacobi and the drug court staff trying to get their attention while she was locked up.

"Somebody is asleep at the wheel up there," said Masingo. "You can't violate people's constitutional rights."

Now Hoffman has hired a Louisville attorney. "I believe she is going to file a disciplinary complaint with the state on Judge Jacobi," said Masingo. "I'm not sure what will come of that, but I know definitely at the very least a lawsuit is going to be filed against the county."

Mull said he is not aware of any other inmates at this time that have been held over their sentence, but has asked the deputy prosecutor to do a thorough review.

Copyright 2014 WAVE 3 News. All rights reserved.

Powered by WorldNow

310 Broadway
Cape Girardeau, MO 63701

FCC Public File
publicfile@kfvs12.com
573-335-1212
EEO Report
Closed Captioning

All content © Copyright 2000 - 2014 Worldnow and KFVS12. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.