Deputy District Attorney Chrystal Joseph told Judge Patricia Kelly that a disposition had been reached in the case against Nellie Marie Palacios, 43.
Joseph explained to the Orcutt woman that her no-contest plea is treated as a guilty plea.
Senior Deputy Public Defender David Ogren, who is representing Palacios, thanked the judge for ordering a review of his client’s case by Judge Kay Kuns and Dr. Joseph Lockhart, a psychologist.
As a result of the review, Kuns determined that Palacios was eligible for treatment court pending the outcome of her felony case.
Palacios, who originally pleaded not guilty in February, changed her plea as a preliminary hearing date was to be set for the third time in her case. A preliminary hearing was set for April 16 and later vacated along with a May 14 trial date.
The terms of her plea agreement with the District Attorney include five years of probation and the successful completion of an 18-month mental health program. During her probation period, Palacios is to refrain from drinking alcohol, taking unprescribed medication or using illegal drugs.
Upon successful completion of the mental health program, the felony charge will be reduced to a misdemeanor and her probation will be reduced to three years, according to Joseph.
Palacios was arrested on suspicion of burglary and animal cruelty at a residence in the 4600 block of Hummel Drive in Orcutt after a man, later identified as Palacios’ boyfriend, called 911. The man told authorities that his girlfriend entered the home and began removing paintings from the wall. He also reported seeing Palacios choke and stab a cat with a large kitchen knife.
The deceased cat was located by Santa Barbara County Sheriff’s deputies in the backyard of the home inside an Igloo-style dog house. The knife was located underneath the dog house.
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| Nellie Marie Palacios |
When questioned by law enforcement, Palacios, who was treated at a local hospital for scratches before being taken to jail, said she killed the cat in self-defense because it attacked her.
Judge John McGregor released the Orcutt woman from custody in January on her own recognizance and ordered her to take mood-altering medications prescribed by a doctor and to report to a court-designated psychologist. Kelly ordered Palacios to continue following the terms of her OR release in addition to the terms of her plea deal.
Palacios’ sentencing hearing is set for June 5 at 11 a.m. in Department 3 of the Superior Court in Santa Maria.
(Santa Maria Times - May 29, 2014)
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