After a short trial, 8th Judicial District Judge Eddie Northcutt opted to sentence Kyri Shakur Ivery to continue on probation on the Sept. 21, 2016 aggravated assault with a deadly weapon charge and assault of a peace officer charge.
Assistant District Attorney Matt Harris asked the judge to revoke Ivery’s probation and assess her time in prison. He contended she’d been given leniency with deferred probation offered for the aggravated assault of her brother with a steak knife, then biting him and attempting to bite a police officer.
Ivery testified Tuesday that she got the knife on Sept. 21, 2016, after she became angry with her brother, who she claimed was on drugs, stealing and said words that set her off. She attempted to get her mother’s phone, but he prevented her, from getting it, so she got the knife to try to get him to giver her the phone, Ivery testified.
Her mother and brother had wrestled the knife away from her and held her to the couch when police arrived. She said she did not calm down when the police told her to, earning the assault on peace officer charge for her biting. She remained in jail on both assault charges until Nov. 29, 2016
Ivery reportedly violated the terms of her probation by smoking marijuana and consuming alcohol since being sentenced to 7 years probation, officials said. She was assessed time in a Moral Reconation Therapy program, which she quit before completing it. She was assessed 180 days in an Intermediate Sanction Facility, where she said she learned many tools for modifying her behavior. She was on probation, gainfully employed at a job she loves, supporting herself and her daughter, when she was arrested May 20 for violating probation.
She admitted to consuming alcohol after her release at her mother’s home, celebrating her release from custody. Her mother testified that she had not read the terms of her daughter’s probation and did not know the no alcohol stipulation, or would have encouraged her not to consume.
Ivery reportedly admitted to probation officer Mila Garcia that she had consumed beverages after work to help her calm down and relax. She said she did not believe she has a substance abuse problem, and had met all of the other terms of her probation. She was arrested Feb. 5, 2018 and May 20, 2019 for violation of probation.
Ivery said the last wo weeks in jail were helpful, making her more committed to meeting the terms of her probation, if given another chance. Ivery said her daughter, who will be 9 later this month, has been staying with mother while she’s been in jail, and would continue to do so if she were sent to prison.
Sherry Nash, who employed Ivery at a hair salon, said even if Ivery were sentenced to a Substance Abuse Felony Punishment Facility for up to a year, she’d be willing to employ her upon her release. Nash described Ivery as a good worker, who is willing to work extra hours and come in on short notice. Nash said Ivery has a lot of people request her by name. Since Ivery was arrested for violating terms of her probation on May 20, several customers have come in and, after learning what happened, offered to testify on Ivery’s behalf on request, she testified.
Michele Edwards, who works with Ivery, said she’d never seen the defendant get angry at work. She said she has a daughter Ivery’s age and considers her like another daughter, who she continues to encourage. She said she’s seen a significant difference in Ivery since her last program and asked the judge to consider giving her another chance on probation instead of sending her to prison.
After hearing from the defendant, her parents, a friend and coworkers, as well as her probation officer, Northcutt opted to keep Ivery on 7 years probation instead of sentencing her to prison time. He noted that despite violating term of her probation, Ivery has shown significant efforts to turn her life around and meet the terms of her probation. He also waived the requirement for her to perform any additional community service so she can spend that time in counseling.
Northcutt said an evaluation of her cases showed that Ivery did not appear to have undergone a full psychological evaluation as originally ordered per her release on probation. He said aside from being required to take an anger management class in high school, it appeared she had not received assistance in learning to deal with that anger issues and violent outbursts in response to stress. He ordered her to undergo counseling, telling her to report to a program per the judge to request help developing coping skills, stress management and short temper issues.