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Helena teen sentenced after violating probation terms

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buy this photo Eliza Wiley IR photo editor - Linda Davis, grandmother of Sarah Russell, holds a photo of Russell when she was a young girl as Josh Schleining faces the judge for violating the terms of his probation.

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  • Helena teen sentenced after violating probation terms
  • Helena teen sentenced after violating probation terms

A 17-year-old from Helena who earlier this year received a deferred sentence for negligent homicide was handed a 15-year prison sentence with 10 years suspended Thursday in District Court after he violated the terms of his probation.

The charge stemmed from a one-vehicle rollover in July 2007 that killed 16-year-old Sarah Lynn Russell.

Joshua Eugene Schleining will be recommended for a boot camp program and a year-long stay at a prerelease center.

At his initial sentencing hearing earlier this year, Russell's family pleaded with the court to be lenient with Schleining and allow him a chance at rehabilitation, as part of an agreement between the defense and prosecution that was accepted by Judge Thomas Honzel.

Schleining admitted that since then he has used marijuana on at least two occasions and altered his urinalysis at least twice.

Russell's mother, Pam Doane, said after Schleining's revocation hearing Thursday that she was embarrassed she had advocated so strongly to keep him out of prison, but she said she stands by her decision because it was what her daughter would have wanted.

"While we stand behind our decision to offer Mr. Schleining the opportunity for rehabilitation, Josh has violated his terms of probation. His actions make it apparent he is unwilling or unable to accept this opportunity. Without rehabilitation, Mr. Schleining is a danger to the community and therefore should not remain in the community," Doane said in a statement during Thursday's sentencing hearing.

Schleining, who was charged as an adult and was facing a 20-year prison sentence, received the six-year deferred sentence on April 29.

He also was given another six-year deferred sentence to run concurrently for a felony charge of criminal possession of marijuana with intent to distribute.

Honzel sentenced Schleining to five years in prison for the drug charge to run concurrently with the negligent homicide sentence. Schleining also must continue to pay about $10,000 in restitution.

"We're not throwing him away, but there needs to be accountability. We just want him to sit, reflect and learn," said Heather Snell, Schleining's probation officer. "This is not about punishment. It's about making him successful in the community."

According to court documents, in the early morning of July 22 Schleining was speeding in his sport utility vehicle, when he veered off the road about 10 miles north of York, went down a 100-foot embankment and landed in a creek.

Russell was ejected from the vehicle and drowned.

Blood tests showed Schleining had enough of the active ingredients in marijuana in his system "that would be sufficient to affect Schleining's ability to safely operate a motor vehicle," court documents say. Multiple bags of marijuana were found at the crash scene along with about $700 in cash.

"Your recovery is not going to be an easy one. You're going to have to work the program. It's up to you -- otherwise you will be back in prison," Honzel told Schleining Thursday. "Hopefully, now you've figured it out."

Reporter Angela Brandt: 447-4078 or angela.brandt@helenair.com

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