RICHMOND — A judge found Daniela Gaskie in violation of her probation, but the former Miss Kentucky Latina will serve time in a hospital rather than jail.
Gaskie, 22, was admitted to Charter Ridge Behavioral Health System in Lexington about 3:30 p.m. Wednesday. She had already been receiving outpatient counseling there.
During a hearing Wednesday in Madison District Court, Gaskie testified it was not her intent to violate Judge Brandy Brown's order for conditional discharge.
"It was never my intent to go against what I'm told to do," Gaskie said in an apology from the witness stand to Judge Brown.
Gaskie pleaded guilty Nov. 10 to several misdemeanor charges. As part of her plea agreement, Gaskie was to be put on home incarceration and was prohibited from owning guns or ammunition and from working at any place that sells guns or ammunition.
Within 24 hours of that sentence, a Chrysler PT Cruiser crashed through the front doors of Sling Point Firearms, a gun shop on New Circle Road in Lexington co-owned by Gaskie's husband, Scott Bond. Three assault weapons and several handguns were stolen.
When a Lexington TV station recorded Gaskie inside the business shortly after the burglary, Madison County Attorney Marc Robbins filed a motion seeking to revoke the plea agreement and put Gaskie in jail.
During Wednesday's hearing, Gaskie, who lives in Richmond, said she had gone with her husband to Lexington after they learned of the burglary at about 2:30 a.m. Nov. 11.
Gaskie testified she thought her husband and police asked her to assist them in retrieving information from a new, multi-camera surveillance system. Gaskie repeatedly said she was in shock at the time and didn't remember specifically which officer or officers asked her for assistance in getting footage of the crash into the store.
"It wasn't an attempt to disobey anything," Gaskie said.
During cross-examination, Robbins asked Gaskie why she had not stayed home rather than go with her husband to the store.
"I was scared to stay home alone at 2:30 in the morning," Gaskie said.
But she acknowledged under cross-examination that police had not called her at home and asked her to come to the scene. Asked why she could not have given instructions via e-mail or over the phone on how to retrieve information from the surveillance system, Gaskie said it would have been difficult to do.
Another defense witness, Lexington police officer Ray Terry, also testified he had not asked Gaskie to come to the store.
Brown asked Terry if Gaskie had told any officer, "I'm not supposed to be in here."
"No," Terry said.
In his closing statement, defense attorney James Baechtold noted Brown had not expressly written in the terms of conditional discharge, as required by state law, to stay out of the store.
Rather, the judge had given that verbal admonition in court.
"It was not an explicit condition," Baechtold said.
In addition, he said, "what she (Gaskie) did do was mitigated by the good she did by helping the Lexington Metro Police Department."
But Robbins noted "no one asked her to go to that store," and Gaskie had ample time and opportunity to consult with police or her defense attorneys on whether she should have entered.
In the end, Brown ordered Gaskie to spend seven days in the hospital. Upon completion of that, the terms of conditional discharge go back into effect.
"This strikes me more as not a flagrant violation of the order but an inability or an unwillingness to recognize the consequences of your behavior," Brown said.
Gaskie pleaded guilty on Nov. 10 to charges stemming from October incidents in which she stabbed a gas station attendant and assaulted a pharmacist in Richmond.
Shortly thereafter, Gaskie was stripped of her Miss Kentucky Latina crown after pageant officials learned of the arrest and that she was married.