Havre woman gets a chance at sobriety, avoids jail

Khiana Berg was all smiles Monday morning in state District Court after receiving a three-year deferred sentence for beating her mother up three times in one day.

The sentence was deferred because Berg was accepted into Hill County Drug Treatment Court over the weekend. Treatment court doesn't accept violent offenders, but because Berg's partner or family member assault is a misdemeanor, she wouldn't have to register as a violent offender. Her other offense, which was part of the sentence, was aggravated burglary.

Another criteria for being accepted into drug court is participants' violations must be associated with substance abuse problems. Deputy Public Defender and drug court panel member Kaydee Snipes Ruiz has said it is hardly ever difficult for defendants to meet that requirement.

Probation and Parole Officer Katie Kuhr said, while testifying Monday morning, that Berg has a history of alcohol, marijuana and methamphetamine use. As a member of the drug court panel, Kuhr told state District Court Judge Daniel Boucher that Treatment Court can provide the kind of supervision and care Berg needs to become sober and a functioning member of society.

Treatment Court has graduated several participants with substance abuse problems that had led to law breaking.

Treatment Court Judge Audrey Barger has often warned against the idea that Treatment Court is a free get-out-of-jail card. It's difficult and not everyone can cut it, she has said. Snipes has also said she has seen defendants choose jail time over treatment court. The reason has been the amount of responsibility required to keep up with the requirements treatment c ourt imposes on participants, things like counseling, employment seeking and constant drug testing.

Berg's assault on her mother happened May 5.

A charging document says Berg's mother called police from a friend's house. By that point, her mother had already been assaulted by Berg twice.

Officers arrived and found the owner of the home in the front yard yelling, "She was beating the crap out of her."

The officer found Berg and her mother in the yard, and Berg's mother told the officers what happened, the document says.

She told the officers she went to the house of a friend, who happened to be Berg's boyfriend at the time, to get help transferring minutes from her broken phone to another. Berg came over and threw her out the door and then hit and kicked her repeatedly. Berg also ripped out some of her mother's hair, the document says.

Berg's mother then ran over to another friend's house and called the police.

Berg went into that house without permission and began punching her mother. Then she threw her mother on the couch and "started pounding on her," the document says.

At this point, the owner of the home grabbed Berg and threw her out of the home, giving Berg's mother a chance to call the police.

Before the police arrived, Berg rushed in one more time and, once again, grabbed her mother, threw her on the couch and hit her repeatedly.

Since the incident, Berg has violated conditions of her release on bail in three separate ways, landing her back in jail. She admitted Monday to the allegations that she violated the conditions.

Ryan Mickelson, who represented the state, agreed with Boucher's sentence and said the state would not take any further action.

Boucher said the reason for Berg's sentence is her young age - Berg was born in 1995 - and she should have the chance to have the offense "removed from her record."

Drug and DUI courts, a nationwide initiative that started in Florida in 1989, are programs intended to reduce the backlog of drug-related court cases, recidivism and substance abuse among participants. Drug court is an alternative to prison for nonviolent offenders who are chemically dependent.

The program offers tailored help that addresses the source of the addiction and offers praise and rewards for good treatment and punishment for bad. Drug courts keep addicts in treatment for long periods of time, up to three years, and supervise them closely while they are in the program. The drug court team is made of several members of local judicial, law enforcement and mental health community.

The grant for the Hill County Drug court program will expire October and there is uncertainty if it will be refunded.