A Boone County woman who pleaded guilty in June to shooting her boyfriend has been sentenced to 11 years in prison, but her attorney said the court violated a binding plea agreement in doing so.
Circuit Judge Kevin Crane sentenced 37-year-old Tiffany Fountain on July 22 to seven years in prison on a second-degree assault charge and four years in prison on a charge of unlawful use of a weapon. Crane ordered the sentences to run consecutively for a total of 11 years and also recommended her for a 120-day shock evaluation.
Attorney Steve Wyse said, however, that Crane had already accepted a binding plea agreement between Fountain and the state, in which sentences on both counts would run concurrently for a maximum total of seven years in prison.
“We entered a binding plea agreement of seven and four concurrent that was accepted by the court in June,” Wyse said. “We disagreed whether Miss Fountain should be granted probation or serve the seven in prison. At sentencing, after a sentencing assessment report, Judge Crane ran seven and four consecutively for an 11-year sentence and gave her opportunity for probation if she successfully completed a 120 alcohol treatment program.”
Wyse, in a motion to correct the sentence and enforce the plea agreement, wrote that Crane did not advise Fountain during the June plea hearing that she could withdraw her guilty plea if the agreement was not upheld. In doing so, he argued, court rules were violated and the original seven-year sentence should be upheld.
“The court did not object or reject this plea agreement nor advise defendant Fountain that it may not follow the plea bargain and offer her an opportunity to withdraw her plea of guilty in this matter,” Wyse wrote.
Judges are barred in Missouri from commenting on matters pending before the court, preventing Crane from making a statement. He will hear the motion at 2:30 p.m. Monday as well evidence of as an alleged probation violation by Fountain.
Fountain was originally charged with first-degree domestic assault, armed criminal action and unlawful use of a weapon. She was arrested Nov. 17, 2018, after shooting a man with whom she was in a relationship.
Boone County Sheriff Sgt. Tracey Cleeton wrote in a probable cause statement that deputies were dispatched to the 800 block of Webster Lane after a 911 caller reported hearing an argument followed by a single gunshot.
Deputies arrived to find a man in his vehicle with a gunshot wound to his torso. He was transported to University hospital. Before leaving, he told deputies Fountain had shot him, Cleeton wrote.
Cleeton wrote that Fountain admitted to shooting the man after being arrested. She also had an elevated blood-alcohol level, according to the affidavit. Deputies recovered a handgun at the scene.