McAlister sentencing delayed

Friday, August 15, 2008

By Kelly Scott (kenos@ledger-dispatch.com)

The sentencing hearing for the woman who shot her husband in the stomach last year has been postponed in order for the defense attorney to become prepared.

Carrie McAlister, who pled guilty to last year's shooting, dodged a motion to have her bail revoked and saw the sentencing portion of her hearing delayed Wednesday.

Chief Assistant District Attorney Melinda Aiello filed the motion for bail revocation after McAlister attempted suicide July 23 by swallowing a combination of Ambien and the prescription drug Seraquel, which is used to treat schizophrenia and bi-polar disorders. Amador County sheriff's Deputy Chris Stone responded to McAlister's home after a 911 call was placed by her father, William Sullivan. In their testimony Wednesday, Stone and Sullivan disagreed on the reason Sullivan gave for the suicide attempt. Sullivan said McAlister missed her daughter, while Stone testified that Sullivan told him the reason was McAlister's fear of prison. "I observed empty medication bottles at the scene and Mr. Sullivan stated his daughter was depressed over her upcoming sentencing and serving time in prison," the deputy said. "There was no mention of her child."

In follow-up testimony, Sullivan confirmed his daughter said she was considering suicide due to concerns over her criminal case. He also alleged that McAlister's ex-husband, Jared McAlister, had violated the visitation schedule by neglecting to bring their daughter for visits. Ironically, Jared's family said that he had taken their daughter there the day before the suicide attempt.

"I'm not concerned at this time with her mental stability," Sullivan said. "She's in fine shape and needs to be strong for her upcoming trial date."

The day following her suicide attempt, Carrie was involved in a single-car accident on Tiger Creek Road, where she veered from the pavement and struck a tree. California Highway Patrol Officer Zane Fralick was the investigating officer at the accident on a private road. "Damage was sustained to the right frontal and middle section of the hood," he testified. "There was moderate to major damage."

Fralick said Carrie told him her brakes were bad, but an inspection uncovered no improper operation. Fralick's report blamed the accident on unsafe speed. "In my opinion, the accident did not occur due to the wheel or brakes," he said. "Ms. McAlister was uncooperative and refused to produce identification or insurance information. It was a good amount of time before she finally gave the documents to me."

Fralick also testified that Carrie did not seem to respond to his questions and started to walk away from the scene, "talking to others and acting as if the accident didn't occur." He testified that he had to actually lead Carrie by the arm to his patrol car, where she produced the information he needed for his report. "The section of Tiger Creek Road is actually private road and not subject to vehicle codes as public roads," Fralick said. "If private property is damaged on a private road, there is usually no report. But due to Ms. McAlister's uncooperative nature and based upon my judgment, I documented the accident."

Aiello argued that Carrie's bail should be revoked until her Aug. 29 sentencing hearing based on her mental state. "Her inconsistent statements, her mental instability and the demeanor she displayed toward law enforcement on the day of the accident show she is a danger to (herself) and we ask you to revoke bail," she said.

While agreeing Carrie may be a danger to herself and others, Judge David S. Richmond concluded that bail revocation would be too extreme. Instead, he placed additional conditions on her bail that would result in immediate incarceration if violated, including Carrie being subject to search and seizure without warning. Copies of any prescription drugs must also be submitted to the sheriff's office.


Kelly Scott