Daily Independent (Ashland, KY)

January 6, 2014

Drug arrest, conviction violates woman’s probation in daughter’s death

Kenneth Hart
The Independent

CATLETTSBURG — A woman sentenced to one year in prison Friday for drug possession will be spending quite a bit more time behind bars than that.

That’s because Lakyn Jobe’s most recent arrest and conviction violated her probation for an earlier conviction she received in the May 2011 death of her 16-month-old daughter.

Jobe, 22, of Ashland, was arrested in September by the Ashland Police Department for illegal possession of prescription drugs. She agreed to plead guilty to that charge and Boyd Circuit Judge C. David Hagerman sentenced her to a year in accordance with the terms of her plea agreement, Boyd Commonwealth’s Attorney David Justice said.

As part of the plea bargain, Jobe also agreed to not oppose the revocation of the five-year probated sentence she received in December 2012, Justice said.

Jobe pleaded guilty to wanton endangerment in the death of her daughter, Cally Erica Jobe, who died while in the care of a friend. An autopsy revealed the youngster died of abusive head injuries.

Jobe had already spent a little more than a year in custody before pleading guilty to the wanton endangerment charge, leaving her with four years to serve if she violated her probation. Hagerman warned at her sentencing that there would be “zero tolerance” for any slipups while she was on probation.

Hagerman cited her lack of a criminal record and the time she already has spent behind bars in deciding on probation.

Under the law, Jobe’s sentences will run consecutively, and she will have to serve her one-year sentence first, Justice said. She will be eligible to seek parole after she has served 20 percent of her time, and she will also receive credit for the four months she has spent in jail since her drug arrest.

Jobe was originally charged with first-degree criminal abuse in her daughter’s death, but the charge was amended after her friend, Brian “Trinity” Brewster, was acquitted in the youngster’s death in August 2012. Following Brewster’s trial, prosecutors said they would be unable to prove the original abuse charge and amended it to wanton endangerment for leaving the child in Brewster’s care.

Brewster was charged with first-degree manslaughter. The Brooklyn native was a friend of Jobe’s live-in fiance, Orlando “Top” Barber, and had been staying in the couple’s home.

Jobe testified at Brewster’s trial she had left her daughter in his care while running errands. She said the child was gasping for breath and clenching her fists when she returned home.

Cally Jobe was taken to King’s Daughters Medical Center and then Charleston Area Medical Center where doctors found no brain activity and kept her on life support for three days so her organs could be donated.

Barber was never charged in the child’s death but, during Brewster’s trial, Brewster’s attorney said either Barber or Jobe had been responsible.

KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.