A Columbian nanny who was charged earlier this month with failing to yield to a police officer will face 180 days in jail. Diana Marino Duarte, 25, was formally charged in Summit County Court on Monday, July 1, on two counts: (1) failure to stop or respond to police (a third-degree felony) and (2) reckless driving (a class B misdemeanor).
Marino was advised of her right to legal counsel by the Summit County Court, and her attorney is Asa Kelley. The state has entered a motion to dismiss the third-degree felony charge since Marino pled guilty to the class B misdemeanor. The sentence would amount to 172 days in jail, since Marino has already served eight days.
Marino will also face a fine of $623 and will be placed on probation for 12 months, to be supervised by the Third District Court.
Marino's host Kasey Ring has been very displeased with the way in which the Utah Highway Patrol as well as Summit County have handled the process, and Marino's attorney Asa Kelley explains why there has been such confusion.
"The system is such that not only did you have Utah dealing with the case, but you have the federal government coming in to create a lot of overlay," Kelley said.
Kelley said that Immigration and Customs Enforcement had a hold on Marino, making it impossible for Ring to post bail for her. The ICE hold was lifted on the morning of Tuesday, July 2, and Marino was sent home until her jail sentence is finalized. Kelley says he is sympathetic to Ring's impatience with the legal process.
"I understand Kasey Ring's position," Kelley said. "This is frustrating."