Shine enteres into plea agreement, sentenced to 17 years in prison
Newton woman will be eligible for parole after 5 years
Friday morning, Jane Shine entered into a plea agreement and the state droped charges of attempted murder and child endangerment against her.
As part of the agreement, Shine pleaded guilty to four of the original six charges: willful injury resulting in serious injury, child endangerment, going armed with intent and use of a dangerous weapon.
Initially, Shine filed an affirmative defense, claiming her actions on July 14, 2012, were in self-defense and the defense of others.
“In the time since, I have realized that we really were not, in the definition of the law, in immediate danger,” Shine said, “and therefore I was not truly justified in my actions of shooting him to cause serious injury.”
Shine was also sentenced Friday morning. She will serve up to a total of 17 years, which is the maximum sentence on all four charges. The sentences will run consecutively and she won’t be eligible for parole until she has served five years.
While being questioned by the judge, Shine objected to part of the minutes of testimony from the state’s witnesses.
“Your honor, it was stated that I almost hit my 2-year-old granddaughter and that is not the case,” Shine said. “If I thought there was any chance at all of hitting my granddaughter, I wouldn’t have even taken that fourth shot.”
If the trial had continued, the state would have presented evidence showing that the victim, Eric James, moved Shine’s granddaughter out of the way with his left hand, resulting in the fourth injury on that hand. Shine said the fourth injury was not to the hand, but to the arm.
“She was present in the room. I don’t feel she was in immediate danger due to the height of the trajectory of the bullet,” Shine said. “She was in the general area of Eric James, the victim, I don’t think there was any chance I would have hit her with the bullet, sir, your honor.”
Hulse read the full charge of child endangerment, which stated she put a child in mental, emotional or physical harm. Shine agreed that she put a child in mental or emotional risk during the shooting.
While Hulse was questioning Shine prior to sentencing, he asked about her ability to pay the fees for having a public defender. Shine said she has been on suspended leave from the Department of Agriculture since the shooting, pending the outcome of her trial.
“Given her age and that she has a quadriplegic daughter who will be looking to her for care I don’t believe she’ll be employable upon release and we would ask the court to find her ineligible to pay attorney’s fees,” Defense Attorney Steve Addington said.
During sentencing the judge also suspended the fines imposed by the charges. Shine is still required to pay restitution to James, but that amount has yet to be determined.