Douglas County District Court Judge Paula Martin on Friday rejected a request for leniency from a convicted shooter and sentenced her to serve two years and eight months in prison.
Nicole Livingston, 19, Lawrence, in March had reached a plea agreement with prosecutors on one count of aggravated battery for shooting 18-year-old Jennifer Clarke in the stomach during a confrontation in September 2005 in the 600 block of Eldridge Street.
The two women were dating the same man, 30-year-old Tyrone Edwards, who was convicted and sent to prison after a March trial for aiding a felon and being a felon in possession of a firearm.
Martin said Livingston's crime was serious enough to merit prison time.
"I do think you are productive. I think you can be smart and articulate, so I don't see it as an either/or," Martin said. "I don't think that means your actions can go unpunished."
Martin listened to testimony Friday afternoon from psychologist Marilyn Hutchinson, who outlined Livingston's troubled childhood home life and abusive relationship with Edwards.
Hutchinson also testified that Livingston had managed to complete a drug and alcohol treatment program, return to Johnson County Community College and work several jobs since her arrest. The physician also stressed the importance of Livingston continuing with psychological treatment.
Defense attorney Kathleen Ambrosio also made an impassioned plea for her client to receive strict probation because of the turnaround.
"I have seen a lot of good in Nicole, and I think that good needs to be rewarded," Ambrosio said.
Livingston also apologized during the hearing.
"I'm sorry for everything that happened, and I have learned from my mistakes," she said.
Deputy Dist. Atty. Robert Claus had argued for the sentence to follow guidelines because the crime was committed with a firearm.
"The state's position is that there has to be serious consequences for shooting somebody," he said.
Clarke has moved out of state and did not attend the hearing, Claus said. Family members cried and hugged Livingston, who stood stunned after Martin handed down her sentence.
Ambrosio said she would talk with the family next week about a possible appeal.
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