SUPERIOR COURT
A probation modification hearing held in Jones County Superior Court appeared frustrating for all involved due to the lack of options or available help for offenders with mental health and medical issues.
Walker Pink Kitchens was in court Nov. 16 due to the violation of his probation. He has been on probation since entering a guilty plea April 20 to the offense of possession of methamphetamine. The plea was the result of his Nov. 6, 2022, arrest for possession methamphetamine and possession of marijuana less than an ounce. Kitchens is 52.
The defendant was arrested for the violation of his probation July 21. The case was prosecuted by District Attorney Wright Barksdale, and Kitchens was represented by public defender Tom O’Donnell.
Superior Court Judge Alison Burleson presided over the hearing.
Barksdale told the court Kitchens’ first probation violation was not completing his mental health assessment or the Matrix Program, and his second was testing positive for methamphetamine and THC.
“He told his probation officer he was not going to complete the program,” the prosecutor said.
Barksdale said he understood that Kitchens would not be accepted into the probation detention center because of his medical issues.
“I think he would do well in RSAT [Residential and Substance Abuse Treatment], but the state closes doors,” he said. “The only thing left to us is to revoke him to prison. We have very few options.”
O’Donnell said the defense would stipulate to the probation violations but did not agree with the sentence.
He said Kitchens agrees he smoked meth but that should not send him to prison because the state does not have a place for him.
“There is no new crime here. I understand he didn’t comply with the order, but going to prison for a positive drug test makes no sense,” he said.
The defense attorney handed the court a list of Kitchens’ medications.
“He has real medical issues. He could be ordered to house arrest and do the Matrix program online,” O’Donnell said.
He admitted that the defendant does not listen and must be made to follow instructions.
“Mr. Kitchens has to be forced to do something, but I hope there is another option. A prison term is not appropriate,” he said.
Burleson asked how she could “make” him do anything.
“He has already been ordered by the court and hasn’t done it,” she said.
The judge asked why Kitchens did not complete his mental evaluation.
O’Donnell said he ran into problems at River’s Edge, and Oconee was packed. He said the state’s option is prison, but he felt the court should be able to come up with something different.
Kitchens testified in his own behalf. He said he was an alcoholic and attended a 12-step program. He admitted that drugs were his problem. The defendant said he has PTSD and lost his wife and mother. He said he got caught up with the wrong people after that.
“It all piled up. I understand I done wrong,” he said.
Burleson said Kitchens’ medical issues leaves few alternatives for the court.
“You are asking the court not to send you to prison. What’s it going to take to make sure you do well on probation and complete your assessment?” she asked.
The defendant said he knows he needs help but did not want to go to prison.
Barksdale said the last time Kitchens was in court, the state offered the option of a 12-month rehab program.
“The bottom line is you didn’t do anything to get treatment,” he directed to the defendant. “Your probation officer found you at a crack house.”
Kitchens said he was there to drop off someone.
The DA said, now that he is facing prison, the defendant is asking for help.
“This is a song and dance. We have tried to send him to Matrix and rehab. He said he was not going to do it. Now we get this sob story,” the prosecutor said.
Barksdale said RSAT is what Kitchens needs. He said he did not want Jones County taxpayers to continue paying his tab.
“I don’t appreciate anyone mistreating their probation officer and giving the state the runaround,” he added.
The DA said another frustration was the lack of help prosecutors can get from state Mental Health providers.
O’Donnell said the jail takes people all the time, and Kitchens will be a burden to taxpayers either way. He again asked the court to come up with another option but did not offer a plan.
Burleson asked Community Supervision Assistant Chief Jesse Gibbs if he knew RSAT would not take Kitchens and how long the wait was to enter the program. He said the wait was 24 weeks.
The judge ordered Kitchens to enter the RSAT ITF program that includes treatment for mental health as well as substance abuse. He will remain in the Jones County jail until entry into the program.
She told the defendant, if he is kicked out or he does not avail himself of the program, he would come back before her.
“I’ve heard nothing from you that you plan to follow through with what’s ordered. If you violate, your sentence will be served in confinement,” Burleson said.
