The South Dakota Supreme Court vacated the sentence of Ashlee Pray, a former chemical dependency counselor, for conspiracy to possess methamphetamine. The court found that her sentence exceeded the legal maximum for the crime. This ruling affects Pray, who was sentenced to five years in prison, and sets a precedent for how similar cases may be handled in the future.

Pray, who worked as a counselor and clinical supervisor, was involved in a tragic case where a friend and colleague, E.G., died from a fentanyl overdose. The court's decision highlights the legal consequences of her actions and the importance of adhering to statutory sentencing guidelines.

Background

Ashlee Pray was charged after her friend E.G., a drug court coordinator, died from an overdose. The investigation revealed that Pray had obtained drugs for E.G. through her boyfriend, K.W. Following E.G.'s death in December 2023, Pray and K.W. fled to Colorado, fearing they might be implicated in her death.

In September 2024, a grand jury indicted Pray on one count of conspiracy to distribute a controlled substance. However, she later reached a plea agreement, changing her plea to conspiracy to possess a controlled substance. This plea was accepted by the circuit court, which stated that the amended charge was a Class 5 felony, carrying a maximum sentence of five years.

During the sentencing hearing, the court noted Pray's prior criminal history, which included a DUI and dismissed felony drug charges. The court also highlighted her struggles with addiction and her failure to cooperate with the presentence investigation (PSI). Ultimately, the court sentenced Pray to five years in prison, with one year suspended, citing aggravating circumstances that justified a departure from the presumptive probation.

The Ruling

The South Dakota Supreme Court ruled that the circuit court had erred in imposing a sentence that exceeded the statutory maximum. The court stated, "The five-year sentence must be vacated, and the matter remanded for resentencing within the statutory limits for a Class 6 felony." The ruling was made by Justice Gusinsky, with Chief Justice Jensen and Justices Salter, DeVaney, and Myren concurring.

The court emphasized that the maximum sentence for Pray's crime was two years, as per SDCL 22-3-8, which states that conspirators may be punished up to the maximum penalty for a crime one level below the underlying offense. Therefore, the five-year sentence was not only excessive but illegal.

Impact

This ruling has significant implications for Ashlee Pray and others in similar situations. By vacating her sentence, the South Dakota Supreme Court reinforces the importance of adhering to statutory sentencing guidelines. This decision could influence how lower courts handle future cases involving conspiracy charges, particularly those involving controlled substances.

Moreover, the ruling serves as a reminder of the legal responsibilities held by individuals in positions of trust, such as counselors. Pray's case illustrates the potential consequences of violating that trust, especially in cases involving substance abuse and addiction.

What's Next

Following the Supreme Court's decision, Ashlee Pray's case will be sent back to the circuit court for resentencing. It remains unclear whether the state will pursue further legal action or if there will be any additional related cases stemming from this incident.