"It is so tragic that things unfolded the way that they did and that Mr. Jones is no longer alive. But not for one moment was it foreseeable to Ms. Jelinek that this would be the outcome of what happened," Deputy Lancaster County Public Defender Amanda Baskin said, arguing for probation.
Deputy County Attorney Jessica Murphy said it may be true that Jelinek didn't foresee Jones' death, "but that doesn't change the fact that her actions led to the death of a man."Â
She said Jelinek had been at Jones' home earlier and returned with reinforcements, armed with a yard stake.
"Mr. Jones was then brought out of his own home, and he was assaulted. She (Jelinek) then hit him over the head with that yard stake, yelling 'I hope you die,' and then left, notably without going into the house to get the belongings that she reportedly went to get," Murphy said.
Police allege Jelinek's co-defendant, Derrick Pearson, repeatedly struck Jones in the head as they fought on the front lawn, then into the street, where Pearson tackled him and Jelinek struck Jones once on the head before they left.
Jones got home and told his wife to call 911 before he fell unconscious. He died at a Lincoln hospital a short time later.
Baskin said in the days before the assault Jelinek had narrowly escaped a threatening and abusive situation at Jones’ house where he had tried to pander her.
Baskin also said methamphetamine had a huge role in what happened, and Jelinek takes full responsibility for being in the position that she was.
"It's never OK to assault somebody regardless of the circumstances," she said.
Jelinek told Lancaster County District Judge Susan Strong she knows she can't take back what she did, "no matter how much I wish I could."
She said she's done a lot of soul searching since, has turned to the Bible and is taking steps to have a more stable life.Ìý
In the end, Strong said she reviewed video of the assault several times and was struck by the violence of it.Ìý
"Defendant's crime did involve violence resulting in the death of a man in his home," she said.Ìý
And she sentenced Jelinek to 10 to 15 years in prison.Ìý