Charges dropped after woman spends 5 months in jail for 2 day se - WLOX.com - The News for South Mississippi

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

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.

  • Most Popular StoriesMost Popular StoriesMore>>

  • Huge alligator snapping turtle set free

    Huge alligator snapping turtle set free

    Tuesday, April 15 2014 12:27 PM EDT2014-04-15 16:27:58 GMT
    There is good news for an alligator snapping turtle that was rescued from a drainage ditch a week ago. "Snappy," as the rescuers referred to the reptile, has been set free.More >>
    There is good news for an alligator snapping turtle that was rescued from a drainage ditch a week ago. "Snappy," as the rescuers referred to the reptile, has been set free.More >>
  • Rural hospital lays off employees, cuts hours to stay afloat

    Rural hospital lays off employees, cuts hours to stay afloat

    Thursday, April 17 2014 6:53 AM EDT2014-04-17 10:53:07 GMT
    Like many rural hospitals in our state, Pearl River County Hospital and Nursing Home is struggling.More >>
    Layoffs. Reduced hours. These are some of the sacrifices a South Mississippi hospital is having to make to keep the doors open. Like many rural hospitals in our state, Pearl River County Hospital and Nursing Home is struggling.More >>
  • Police prepare for another spring break weekend

    Police prepare for another spring break weekend

    Thursday, April 17 2014 12:39 AM EDT2014-04-17 04:39:37 GMT
    Barricades and yellow caution tape remain up throughout Gulfport and Biloxi in preparation for another Spring Break weekend. This weekend is a little different though because no one knows how many springMore >>
    The coast is preparing for another weekend of Spring Break festivities. At this point though no one knows exactly what to expect in terms of crowd size. There are several events listed on a Facebook page promoting spring break for April 18th through the 20th including a performance by rapper Lil Boosie.More >>
Powered by WorldNow

208 DeBuys Road
Biloxi, MS 39531
(228) 896-1313

FCC Public File
EEO Report
Closed Captioning

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