A Missouri man found guilty in May 2001 of involuntary manslaughter in a hit-and-run fatality told the Douglas County District Court on Thursday that he had violated terms of his probation.
Joshua C. Mattocks, Fair Grove, Mo., said he violated his probation in December 2002 by consuming alcohol and committing an alcohol-related offense.
His attorney, Lance Haley, said the offense was a minor accident in Springfield, Mo., for which Mattocks was charged with driving under the influence.
The incident violated the 36-month probation to which Mattocks was sentenced for the death of John Lowe.
Mattocks, who is now in his mid-20s, drove over and killed Lowe, a 38-year-old homeless man, on April 28, 2000, in an alley at Ninth and Mississippi streets. Lowe was sleeping at the time.
Mattocks also pleaded guilty in 2000 to misdemeanor charges of driving under the influence and leaving the scene of an injury accident.
Douglas County District Judge Paula Martin set disposition for 1:30 p.m. April 2, a date that allows time for Mattocks to apply and be accepted to Labette Correctional Conservation Camp.
If the court decides against the camp, Mattocks either could resume probation -- which Haley said was unlikely -- or be sent to prison for 32 months.
Mattocks was denied admission to Labette, a minimum-security facility that emphasizes work and public service, in 2001 because he has asthma, Haley said.
However, Haley said Labette had since changed its policies and now accepted those with minor asthmatic conditions.
He said that he expected Mattocks to be accepted, and that from there the decision would be the court's.