NEWPORT NEWS, Va. — Deja Taylor, the mother of the 6-year-old Richneck Elementary student who police say shot his teacher, will remain on bond. The determination came from a federal judge this afternoon.
Prosecutors filed a motion to revoke Taylor's bond on Sept. 1 after she tested positive for marijuana on July 19 and Aug. 25, and cocaine on Aug. 25, according to court documents. The motion also says she missed two drug treatment sessions in August.
Taylor previously pleaded guilty to two federal felony charges, according to court documents: unlawful user of controlled substances in possession of a firearm and making a false statement during purchase of a firearm. After her guilty plea, she was released on conditions of supervision while she awaited sentencing.
Prosecutors say her actions violate her conditional release - which requires her to submit drug tests and attend substance abuse treatment "as directed," and abstain from breaking the law and taking drugs.
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Taylor's legal team responded in opposition to the motion, saying that she has, and still, faces a serious substance abuse challenge.
In the opposition statement, her attorney says, "Her addiction is clearly a disease—nonetheless, revocation and incarceration are not the cures. We respectfully submit that a jail cell will only exacerbate the deep issues that she is facing."
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According to the opposition statement, Taylor and her defense team oppose the revocation because Taylor "has been working with and communicating regularly with the probation officer and her supervisor. On or about September 11, both officers gave indications to Ms. Taylor that they are very pleased with and proud of her progress."
The opposition statement also says, "Since August 25, Ms. Taylor has timely provided drug tests (four) to the Probation Office. Although the tests has indeed been positive for marijuana, the levels are decreasing and show that Ms. Taylor is abstaining from this drug. The four recent tests corroborate Ms. Taylor's assertion that the positive test for cocaine, which has only showed up this one time in her history, was an aberration and likely caused from her use of marijuana unknowingly laced with cocaine."
The statement says Taylor has had "regular and full compliance" with those who run the counseling program with Mental Health Services.
At the 2 p.m. hearing, Taylor's attorneys agreed that Taylor violated her conditional release and used drugs while on bond. Defense attorney James Ellenson called Taylor's probation officer testify about her drug tests and progress. Ellenson noted that the latest test came back clean.
After the hearing Ellenson told News 3, "I think Judge Miller has historically shown a lot of compassion and a lot of understanding. I think Judge Davis will too. I'm not looking for a sentence of incarceration but if that happens, I know that Judge Davis will fashion a sentence that would be appropriate to Deja and that would include mental health counseling, substance abuse counseling, and all the rest."
Taylor's grandfather Calvin Taylor also spoke to News 3. He said the family is looking forward to putting the case behind them.
"For us and my family and my friends, we want it to be over with. Maybe once she's sentenced she can move on. Maybe, because, guess what, she might be afforded the opportunity of professional services, the counseling services, the treatment services she deserves because she's not getting them yet," said Calvin Taylor.
At the hearing the judge said he was "appreciative" of Taylor's efforts to get clean, but said these violations were Taylor's last chance.
Taylor's sentencing hearing is in October.