Mother Serving 10 Years for Child's Death Sentenced to Additional Five Years
CEDAR RAPIDS, Iowa – A 20-year-old Swisher woman serving 10 years for involvement in the death of her 2-year-old daughter in 2008 pleaded guilty to drug charges and was sentenced Tuesday in Linn County District Court to an additional five years in prison.
Brianna Volesky, 20, pleaded guilty to possession of precursors, a felony, and three serious misdemeanor counts of violation of pseudoephedrine restrictions.
Sixth Judicial District Judge Paul Miller ran the five years on the felony charge consecutively to the 10 years she is serving for neglect of a child and involuntary manslaughter in the death of her daughter Skylar Inman. The misdemeanor charges which each carry one year in jail were ran concurrently to the five years.
Volesky was originally charged with one count of conspiracy to manufacture methamphetamine and one count of possession of precursors between April 2009 and July 2010, and seven counts of violation of pseudoephedrine restrictions.
The conspiracy charge and three of the violation of pseudoephedrine restrictions were dismissed as part of the plea agreement.
Volesky has been offered the same plea agreement others have been with these same type of charges, First Assistant Linn County Attorney Nick Maybanks said. The conspiracy charge was dropped because there's no evidence to prove the charge, except for statements that would be made by others facing similar charges.
Brianna Volesky talks with her attorney Brandon Schrock during a hearing at the Linn County Courthouse on Tuesday, Nov. 23, 2010, in Cedar Rapids. (Jim Slosiarek/SourceMedia Group News)
Brandon Schrock, Volesky's attorney, asked the judge to run the five years concurrently with the 10 years, saying Volesky lost her two children, Skylar and her other child when she was forced to give up custody rights when she was charged in Skylar's death.
Schrock said Volesky had a great deal of stress in her life during this time period because she was going to have to testify against her ex-boyfriend Lee Muldoon, 25, of Coggon, who was accused of abusing and killing her daughter. She admitted to her drug use and had sought treatment.
"She hopes she can close a dark chapter in her life and start over," Schrock said.
Volesky declined to speak but she did start crying when the judge pronounced the sentence.
Miller acknowledged Volesky's intense stress during this time but said Volesky committed the drug crimes while she was released on bond and she must be held accountable for her criminal behavior.
According to a criminal complaint, officers conducted an investigation and found Volesky violated the pseudoephedrine restriction law on numerous occasions, purchasing 114,700 milligrams from local pharmacies.
Officers conducted the search at Volesky's residence in August and found evidence of methamphetamine use, according to criminal complaint. The search was conducted during Muldoon's first-degree murder trial.
Muldoon's trial ended when the evidence was found and it called into question the credibility of the prosecution's key witness, Volesky. She was to testify about his abuse of Skylar. Without her testimony, Maybanks said he couldn't prove his case and offered Muldoon a plea deal.
Muldoon is also serving 10 years for neglect of a child and involuntary manslaughter in Skylar's death.