East Troy woman gets five years in fatal overdose case

By KAYLA BUNGE ( Contact )   Thursday, Feb. 12, 2009
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Photo

Bobbie Jean Joecks

— Bobbie Jean Joecks said she never intended for her friend to die—especially at the hands of her drug addiction.

"His death will be with me for the rest of my life," she is quoted as saying in a pre-sentence investigation presented in court Wednesday. "It has scarred me because in my heart of hearts I know methadone played a part in his death."

Walworth County Judge James Carlson sentenced Joecks, 37, formerly of East Troy, to five years in prison and 10 years extended supervision for providing the methadone that killed 32-year-old Jason Bodart of East Troy in March 2006.

Joecks pleaded guilty Dec. 8 to first-degree reckless homicide after surveillance video from Double D's Tavern in East Troy Township showed her placing a large pill in front of Bodart, who swallowed it with a drink.

A felony bail jumping charge was dismissed.

Michelle Johnston, who spoke in court Tuesday via telephone from New Jersey, described her family's pain since her brother died and asked that Joecks be sentenced to substantial time behind bars.

"She is no stranger to breaking the law, and if my brother would not have crossed paths with her on that fateful day, he never would have died," she said. "She has broken our family forever."

District Attorney Phil Koss said that while Joecks originally had a legitimate prescription for methadone after suffering a back injury at work, she later abused it by fraudulently obtaining refills.

Koss said Joecks' record demonstrated the need for prison.

"Probation has not worked," he said. "She had the chance. ...But while she's out on bond for a serious charge ...she's out stealing and using cocaine. It shows she doesn't take this seriously."

Defense attorney Joshua Klaff said Joecks racked up a criminal record simply to feed her drug habit.

"There was never the intent, never the motive to hurt anybody," he said. "She was a friend who made a horrific mistake."

Klaff acknowledged homicide is serious, but he asked for a sentence that would allow Joecks to get treatment for her drug addiction and return home to her husband and four children.

Jessica Joecks, 18, said the family needs her mother at home.

"She has been gone for more than a year already, but it seems like just yesterday she was coming into our room at night to give us kisses," she said. "Every day it gets harder and harder without her at home."

Before the sentencing hearing began, Joecks asked to withdraw her guilty plea, saying a lawyer interested in taking her case contacted her husband Tuesday.

Gregg Joecks could provide neither the name nor the telephone number of the attorney; "All he told me was to withdraw the plea," he said.

Carlson proceeded with sentencing but said Joecks later could file a motion to withdraw her plea.







reader COMMENTS (55)
logic101
Mar 2, 2009 at 10:15 p.m.
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You gotta agree with the kid here. With all the drugs doctors prescribe that people overdose on and don't take as prescribed, weed should be legalized. Organic, profit from everyway you look at it, no overdoses, etc. As far as "gazettefan" states to the kid "why don't you write a post when your blasted...." his grammar would probably go unmatched!

thekid3477
Feb 13, 2009 at 8:38 a.m.
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this is me clapping for the hottest...gma...ever...:) bravo bravo bravo

klick
Feb 12, 2009 at 10:15 p.m.
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gmaof3 i was yanking your chain . i feel a little trouble-ish-maker tonight .

nite now

gmaof3
Feb 12, 2009 at 8:42 p.m.
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klick... so nice to know you have never had gut wrenching pain or had exposed nerve endings or dislocated hips or bone spurs.

You are clueless to what many of us live with everyday. My first born child has chronic muscle wasting disease at 27 years old. She has three precious babies and now is having a complete hip replacement for her left hip this next Tuesday then the other hip in April.

We find our own way, to deal with what life throws our way.

How dare any of you on these boards, judge how we deal with our life changing issues. What works for you - most likely won't work for me.
We are simply trying to get through one day after another.

If it means an alternative choice of medication, how can anyone say the medical gurus know better than we do? Seriously.. the kid has a relevant point. Its called our choice to choose our method of maintenance/recovery/pain control. The side affects of most advertised drugs are worse than the condition it treats!!

Lets just say, my pain is naturally managed.. without any involvement with my insurance company, no nasty documented side effects and no claims.

The kid is "dead on" with what you all call "a rant". Whatever... try getting any physician to agree to "natural alternatives" that will NOT cause a dependency, or alter your conception of your condition, but will mean the doctor won't get his "kick-back" from the pharmaceutical companies for their newest drug regimen.

Mikki
Feb 12, 2009 at 8:34 p.m.
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Let me just say, I understand the Len Bias law. But I really don't understand why it's in place. Because grieving people need to blame someone? Is that it?
I mean, grownups make their own choices. Taking drugs, drinking, whatever, these are voluntary movements of the body. It's not like breathing, or anything.
These are choices.
So why are others' held accountable for this?

With this logic...okay, so I am bankrupt. I am not responsible. There are sales! The stores are responsible for making the purchases tempting! The credit cards for giving me the money! I am not responsible for my own actions! Bail me out of foreclosure!
What is the difference?

gmaof3
Feb 12, 2009 at 7:52 p.m.
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Ok... I'm adding my two cents worth here... I was prescribed Oxy, 6 months before major back surgery, back in 2001. I have to admit, it was probably the BEST narcotic for pain control I had ever taken. I took doses responsibly, on time - never exceeded the dosage and maintained a comfort zone with the drug.

That was 2001... Then - at 49 years old, I needed a Hyster... Let's just say, I found "alternative" natural products to deal with the cramps/mood swings/yucky stuff.

The other advantage to pain control with some "weed" is there is no hangover or calories!

Just wanted the kid to know I am in total agreement with his stand on the topic. It is the purest form of pain control, without all the life altering hindrances of modern drugs.

klick
Feb 12, 2009 at 7:33 p.m.
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No methadone or drugs of any kind ZERO tolerance NO Alcohol NO tobacco damn straight .

zero squat nadda

klick
Feb 12, 2009 at 7:13 p.m.
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She looks like a very happy lady..

Serenity381
Feb 12, 2009 at 6:06 p.m.
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This is a crazy topic. I know I would also rather see pot be legal before alcohol or opiates. People think that because a doctor prescribes pain meds that they are safe and ok and because pot is illegal it is bad. As far as the pain clinic monitoring your medicine bottle, yes they do. I have been there. But I also know that 1000 other Dr.'s hand out prescription after prescription and they have NO clue what is happening to the medication. Pot hasn't killed anyone that I have ever heard of but alcohol and opiates have claimed countless lives.

thekid3477
Feb 12, 2009 at 5:49 p.m.
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woo hoo. more peeps that understand:) thanx leostime. it just seems soooooooooooooooooo logical yet soooooooooooooooooooo far away...

leostime36
Feb 12, 2009 at 5:34 p.m.
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thekid-I agree. No one is able to answer why pot SHOULDN'T be legal for medicinal purposes. I agree that it isn't as harmful as alcohol in traffic fatalities. It also hasn't destroyed families and lives the way I have seen alcohol do. Legalizing pot and making alcohol illegal seems to make more sense than the way it is now. Not that that will ever happen. Shame.

thekid3477
Feb 12, 2009 at 5:22 p.m.
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even if i dont relate my point the best...im glad you understand:) and i thank schultz again for clarifying what i was ranting about. i too wish for it to come true...but the big prob starts in your statement with 'honest legislator':)

stomskid
Feb 12, 2009 at 5:21 p.m.
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there is a post earlier by marymac about the dr's giving prescriptions on a monthly basis and should be checked.. Well i know for a fact because i do go to the pain clinic for injections in my back and I Have to bring my bottle with me each time i go and they count them and also see when they are filled and if the right amount is being taken. Also they do urine testing to make sure your levels are what they should be and no street drugs are in your system. If they find things aren't right they will not refill for you . It's Called a Pain Med Contract. and you have to provide your pharmacy that you get it filled at also. So even if you wanted to take more or sell them your only hurting yourself because they can RED FLAG YOU. at the pharmacy's and other Dr's Offices.

smrthing
Feb 12, 2009 at 4:57 p.m.
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I didn't think I agreed with thekid until Schultz's post. But now -- I guess I do. I hope some honest legislator reads your concise statement and gets the "message" that this is a symptom of the very big problem you bring to light and then takes some responsible action. But I'm afraid that's a wish that won't come true.

thekid3477
Feb 12, 2009 at 4:38 p.m.
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thank you. you said it perfectly

schultz11
Feb 12, 2009 at 4:33 p.m.
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Kid- I get your point. I am not a recreational pot smoker, and have never even thought about trying it. However, the drugs that Dr's prescribe can be down right dangerous, yet they will deny the use of pot even if it could help someone or take away their pain. Doesn't make much sense to me since there are substances out there that are perfectly legal for Dr's to prescribe that can kill, why can't pot be one of them? Only logical answer is that it is cheap and the government cannot patent a plant so therefore they cannot profit from that...so keep it illegal and use the other poisons that don't work as well for people in pain, but atleast you can make money. I completely agree with your statements.

latinmami2
Feb 12, 2009 at 4:32 p.m.
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What ever happened to personal responsibility?
*******************
you said it personal responsibility he is responsible to

latinmami2
Feb 12, 2009 at 4:26 p.m.
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he is just as responsible for his own death, i do feel bad for his family but he had the choice to say no to the meds he took and i am sure that is not the first time he had done drugs, taking drugs is a gamble you choose to take on your own you either will overdose or you don't

biggirl
Feb 12, 2009 at 4:24 p.m.
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Give me a break! She's responsible for the death of a 32 year-old. What ever happened to personal responsibility?

thekid3477
Feb 12, 2009 at 4 p.m.
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to each their own:)

thekid3477
Feb 12, 2009 at 3:59 p.m.
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i agree with EVERYTHING you say. like ALL meds marijuana may not work medically for all who try it. but this is my fundamental point which i feel you are failing to grasp. when it comes to medical marijuana there is no 'to each there own'

latinmami2
Feb 12, 2009 at 3:55 p.m.
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well i can tell you i have a co-worker who has cancer and when he went through kemo it did not help him so i still think that to each there own, and if people need to take the meds that docs are giving them then it really is up to the person to take them responsibly, and yes a doctor should if they give those out monitor the person as well. i don't think that this woman in this article is fully to blame for this man's death she did have a part in it sharing meds that she shouldn't but this man also took them on his own and i don't think the family should say it was all her fault either i know they need someone to blame but if their brother was willing to take the meds from her he would of taken it from anyone.

thekid3477
Feb 12, 2009 at 3:50 p.m.
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latinmami: No te digo que te enojes porque no puedes fumar mota. im saying we should be angry cuz drs can prescribe, cocaine, oxyconton, percocet, methadone and all those 'crazy' drugs. but someone who has cancer cant smoke a joint to stop pain and gain an appetite?? why?? PROFIT PROFIT PROFIT. instead of peeps blastin my for my anger would someone PLEASE ANSWER MY QUESTIONS??

latinmami2
Feb 12, 2009 at 3:30 p.m.
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not really that angry that i can't smoke pot sorry can't agree with you on that one. but some of the other drugs that are given out carelessly is crazy

thekid3477
Feb 12, 2009 at 3:24 p.m.
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latinmami. this isnt about me. look at any of the threads ive posted on. i get irritated by closed minds yes. but rarely anger. talk about the flat out STUPID rules governing the (non)medical use of marijuana and as ive said...we should ALL be angry. its not about our welfare its about profit. and thats sick.

gina51
Feb 12, 2009 at 3:19 p.m.
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This should be a "wake up" call to anyone who has ever given a friend or relative a prescription medication that was prescribed for the patient for pain. Thinking maybe they are helping someone out they may inadvertently cause their death. What is prescribed for one person doesn't work for the next. ie allergies etc. Next time your friend complains of a head ache or back pain advise they go to the DR. Don't offer one of your pain pills...

latinmami2
Feb 12, 2009 at 3:04 p.m.
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i think people convince themselves that what they take or smoke in your case makes them feel better. to each their own. like i said when you are such an angry person proving your point rationally is not that easy.

thekid3477
Feb 12, 2009 at 2:53 p.m.
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whatever. read my last post. tell me im babbling if thats easier for you to do than answering my questions.

latinmami2
Feb 12, 2009 at 2:47 p.m.
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thekid- you are trying to convince the wrong people whether or not you right or wrong, maybe if you took a gentle aproach to things maybe you then could convince people with the madness you are speaking. when you get so angry the things you are saying is just making you sound like a babbling fool

thekid3477
Feb 12, 2009 at 2:32 p.m.
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ok i lied. it is anger. say what you want about my recreational use. or my grammar;). debate my medical use. debate medical use itself. but debate the fact that marijuana is a drug PROVEN TO IMPROVE QUALITY OF LIFE FOR TERMINALLY ILL PATIENTS and i will get angry. its anger cuz no one can answer my questions.why can these drugs be prescribed and not marijuana?? even tho its been used medically for thousands of years?? pharmaceutical companies lobby AGAINST medical marijuana. why?? to keep people from driving stoned?? duh. no to keep people from medicating from a plant in their back yard. its obvious by our current economic state that we are/were a country driven by greed. should i look up the profits of pharmaceutical companies last year?? we scream about the profits of the oil companies and then we go to our drs and blindly swallow whatever pill they GET PAID to prescribe to you. every other tv commercial is selling a drug that is for who knows what. have you seen the side effects of those drugs?? yet my friends mom gets breast cancer and the dr says she should smoke pot but he cant prescribe it. that should anger us all.

gfan: apparently youd be surprised by the percentage already written...;)

sunnyside2day
Feb 12, 2009 at 1:41 p.m.
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thekid3477 - Yes, I am concerned about your grammar. If you want people to take you serious and to believe you are intelligent and your opinion may be worth listening to, then you have to do your part to portray it. (however you will now have to ignore my run on sentence here!) LOL

fool_on_the_hill
Feb 12, 2009 at 1:36 p.m.
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Well, thekid, I wish a whole lot more people would get passionate in the face of all types of hypocrisy and injustice, not just those issues that affect them personally. Journalists, especially so.

gazettefan
Feb 12, 2009 at 1:33 p.m.
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thekid, why don't you write a post when you're blasted on weed and state what it's like?

That line about "giving smoking more pot some thought" is funny. ;~)

SarahB
Feb 12, 2009 at 1:29 p.m.
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Serenity381: The incident in this article occurred in 2006.

thekid3477
Feb 12, 2009 at 1:16 p.m.
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sunny: yer worried about my grammar?? get a life.

thekid3477
Feb 12, 2009 at 1:13 p.m.
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i appreciate your concern sunny. ive never had anyone tell me i should smoke MORE pot...but ill give that some thought;) my anger(its not anger its frustration) on this post stems from short sighted people like marymac asking me to defend marijuana smoke for that idiot who killed those people. as if i could EVER JUSTIFY THOSE MURDERS?? HE BLEW OVER .2 and even you agree which drug was the lethal drug in that tragedy. but im suppose to defend that cuz i admit to smoking pot?? part of my frustration comes from idiots always blaming the people when its alcohol and blaming the drug when its pot. stupid. stupid. stupid. and the rest of my frustration comes from...read my last post.

sunnyside2day
Feb 12, 2009 at 1:10 p.m.
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thekid3477: slow down and take the time to proof read your comments please. And if you can't recognize the mistakes, I suggest you go back to school (or if you are in school....better stay there....you need it)

latinmami2
Feb 12, 2009 at 1:09 p.m.
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maybe a really good solution would be for anyone who chooses to put drugs in their system they should just stay at home and not go anywhere during the duration of their "happy fun". people have a choice of whether or not to use and if they choose to use then they are choosing to possibly overdose from using it is a game they are playing with their own lives.

thekid3477
Feb 12, 2009 at 1:04 p.m.
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yer no fool...fool;) im not anti ANY drug. prescription pills kill every day. but if they work for you who am i to tell you not to use them?? yet we have people in this state/country RIGHT NOW who are dieing and whose quality of life could UNDENIABLY be better with medical marijuana WHO DONT EVEN HAVE THE OPTION. we should ALL be passionate about this particular hypocrisy. its profit and profit only that drives these assinine laws.

gazettefan
Feb 12, 2009 at 12:58 p.m.
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thekid, you always refer to medicinal use. I was talking about recreational use.

Also, because of detectability problems, pot always gets a free pass when the smoker is also drunk. Most people who smoke pot also drink.

Serenity381
Feb 12, 2009 at 12:54 p.m.
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I just have to comment that the paper says she was given a prescription for Methadone for a back injury?

Found this interesting.FDA further advised that methadone doses for pain should be carefully selected, slowly titrated and carefully monitored by the prescribing physician. As of January 1, 2008, manufacturers of 40 mg methadone hydrochloride dispersible tablets have voluntarily agreed to restrict distribution of this formulation to only those facilities authorized for detoxification and maintenance treatment of opioid addiction, and hospitals. The 40 mg product is not FDA approved for use in the management of pain.

I wonder if this was done.

sunnyside2day
Feb 12, 2009 at 12:51 p.m.
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to thekid3477....and whoever else would like to read this.....I am concerned for you. Your anger here is uncalled for. Pot is known for relaxing people and you are far from relaxed. So perhaps you need to smoke a whole lot more or stop smoking all together. I am not opposed to pot. I personally do not use it, however I know people who do and who have for 20, 30, 40, + years and they live productive lives. (most without anger). I do agree that if the young man had only been under the influence of pot the accident may not have happened and two people might still be alive, however we will never know that answer. Being under the influence of ANY drug or alcohol does indeed alter the mind, the body or both. Proven fact. Period. Combining items intensifies the reaction. And each person's body is different along with the results of doing something is often different each time depending on a number of factors. So if someone is going to use, they need to always keep other's safety in mind and not be doing things that could harm others. Period. That is one reason we have an "under the influence" driving law, instead of only a drunk driving law.

fool_on_the_hill
Feb 12, 2009 at 12:46 p.m.
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I have to laugh because I can't tell if y'all have some sort of history amongst you and are simply poking thekid for entertainment purposes.

Correct me if I am wrong, thekid, but this isn't about any particular chemical, per se. As I see it, you simply get passionate in the face of hypocrisy and injustice.

JCK
Feb 12, 2009 at 12:44 p.m.
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The guy who used the drugs is being held accountable to the highest standard possible, his life. The "Len Bias" law is designed to also hold the dealer accountable when their illegal drug activities lead to a death.

thekid3477
Feb 12, 2009 at 12:26 p.m.
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gfan someone asking me to justify pot use by some idiot who got drunk/stoned and murdered people is IGNORANT and insults me in the first place. thats dumb. opposition?? how the (you know what) can there even BE opposition to my point?? we have drugs that KILL with ONE PILL yet terminally ill AMERICAN CITIZENS are denied a better quality of life because people are afraid of the 'mixed message' medical marijuana will bring. yeah thats not stupid, cuz good ole uncle sam sure isnt sending a mixed message about drugs currently...

latinmami2
Feb 12, 2009 at 12:17 p.m.
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i think that this woman playing with the drugs she was playing with was not a very wise decision on her part, but i also think that the man who overdosed was a grown man an adult and had a choice on whether or not to take the drug, i think it would be different if it would of been a teenager who does not yet really have the ability to make wise decisions, if we are holding drunk drivers responsible for their own actions then i think that adults who overdose by their own actions should be the ones held accountable.

janesvillean
Feb 12, 2009 at 11:57 a.m.
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Any drug can be used properly or abused. I don't see the point of arguing about the legitimacy of methadone prescriptions when they were diverted to someone else for a high. It could have been Oxycontin or Percocet for all that matters.

gazettefan
Feb 12, 2009 at 11:56 a.m.
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Can't you respond to the opposition without insults?!!!

thekid3477
Feb 12, 2009 at 11:47 a.m.
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marymac: are you dumb?? nvrmnd. i know the answer based on yo question. have you ever seen me defend irresponsible pot smoking?? nope. that guy was an idiot to do what he did. the truth is is that if that guy you reference was on JUST alcohol that accident still happens. if he was smoking JUST pot thats a different 'intoxication' and the accident may not have happened. HE BLEW OVER .2 and youre gonna ask me to defend the pot?? defend the alcohol. thats LEGAL after all. you ignorant antipotters dont even realize, or worse, dont take two seconds to even think about what im saying. more people died from OVERDOSE on PRESCRIPTION methadone in this article than have EVER overdosed on marijuana. i hope its not you, or your mom, or wife, or daughter who gets cancer and hears from the doc 'i wish i could prescribe cannabis because your appetite would return and the nausea would leave, but laws are laws, want some methadone instead??' keep your mind closed marymac if thats easier than listening to what im talking about. "our reality is clearly defined by the fences we put up around our mind" bd

gazettefan
Feb 12, 2009 at 11:38 a.m.
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thekid likes to justify marijuana by attacking the nectar of the gods. It would be nice if he talked about the leisure-high nature of the demon weed.

;~)

marymac4
Feb 12, 2009 at 11:06 a.m.
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thekid The accident that took 2 lives in Jefferson Co. was a young man on WEED and drinking so trying to justify it not cool IMO...

marymac4
Feb 12, 2009 at 11:03 a.m.
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IMO if they would charge more people who share their prescriptions and sell their scripts no matter what it is (methadone, ritlyn, pain pills ETC ETC) like they did here, maybe some of the ones doing it would get a clue that it is not meant for anyone then who it is prescribed for!!!!! The doses meant for one who has built up a tolerance level will take another persons life away. I know many people who do this and see the sad effects on the addicts and the will go to any length to get it. Maybe doctord need to check prescription dose levels on drugs the give on a monthly bases. I know people that sell their KIDS ADDH meds and it is pitiful!!!!!!!! Wake up and see what happens when they do.....

pahtu
Feb 12, 2009 at 11:02 a.m.
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While I agree that she did something wrong by giving him the methadone, he did take it of his own free will.

fool_on_the_hill
Feb 12, 2009 at 10:47 a.m.
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It is simply two sets of standards, thekid3477. Have you ever listened to the voice-overs rattling off the list of possible "side" effects on a TV commercial for the latest generation of prescription medications? Even those claiming only to make you feel "a bit less glum" or "a little less join pain" or "happier with the color of your toe nails" have such side-effects as cancer, permanent nerve damage, paralysis, organ failure, death and more.

thekid3477
Feb 12, 2009 at 9:27 a.m.
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a 'a legitimate prescription for methadone'

someone dieing from cancer can not obtain a prescription for medical marijuana in 37 of the 50 states yet this piece of work can get a prescription for METHADONE which more people have overdosed from in THIS article than have EVER overdosed on pot. call me a pothead or disagree with my frequent use as much as you want but THIS JUST ISN'T RIGHT. think about it.

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