Killer poses ‘undue risk to society’ - parole board
Joe-Anna Hachey, 30, of Fredericton, saw her statutory release from prison for manslaughter revoked because she keeps committing crimes, violating conditions
A Fredericton woman sentenced to seven years in prison for manslaughter has had her conditional release from the clink revoked for the third time.
Joe-Anna Hachey, 30, of Boyne Crescent, was sentenced in May 2018 to seven years behind bars, though the term was reduced to give her credit for time she spent on remand after her arrest in late January 2017.
Hachey was originally charged with second-degree murder in the Jan. 26, 2017, shooting of Robert John Smith, AKA, Bobby Martin, but she later pleaded guilty to the lesser, included charge of manslaughter.
The charges arose after Hachey lured the victim into an ambush at a Lincoln mini-home on the pretence of buying drugs from him, but it was really a plan she hatched with Evan James Polchies, 36, to rob Smith.
Hachey and Polchies had been on a days-long drug binge in the days leading up to the deadly incident.
There was bad blood between Smith and Polchies, court heard at the time, and Polchies was at the meet, armed with a rifle, unbeknownst to the victim.
As soon as Smith entered the mobile home and realized he was being robbed, Polchies shot the victim in the crotch. Smith fled the scene, aided by his girlfriend, but he later died in hospital, as the bullet had severed an artery.
The Parole Board of Canada granted Hachey day parole on two occasions in 2019, but those paroles were revoked due to repeated violations of conditions, including drug use.
She was first granted day parole in July 2019, but she was returned to prison two months later.
Hachey got a second chance at day parole in November 2019, but within a couple of weeks, it was discovered she was using cocaine again, and again, that day parole was revoked.
Statutory release after parole violations
A new decision from the Parole Board of Canada issued last month reveals Hachey reached her statutory release date in April 2022.
Statutory release, unlike parole, is a prisoner release that’s mandated, as the terminology suggests, but the Parole Board of Canada still holds hearings on statutory releases to determine the conditions to be imposed on offenders.
The decision notes that while Hachey started her statutory release April 4, 2022, the conditions of that release were set during a hearing in November 2021.
Among the conditions were for Hachey to abstain from alcohol and drugs, have no contact with Smith’s family members or Polchies, and to report all sexual and non-sexual relationships to her parole supervisor.
Problems were apparent almost immediately, the decision states, noting she was late for her first supervision meeting, and was late or absent for subsequent meetings.
“They advise that while you struggled in many ways, your risk was initially [considered] manageable, albeit with many supports,” the parole board stated.
“By mid-summer, you were reported to demonstrate greater difficulty abiding by expectations, were disengaging from interventions, and were failing to meet basic parole requirements.”
It noted disciplinary meetings and new strategies failed to turn things around.
By early September, the decision states, Hachey was unlawfully at large and completely unsupervised. Her supervisor also discovered she had hidden a new intimate partner.
Hachey remained at large in the Fredericton area until her arrest Jan. 30, it said.
“When you were arrested, you were in possession of crack cocaine and in the presence of a negative associate,” the parole board reported, noting Hachey was also arrested for stealing liquor.
Following her arrest and return to the Nova Institution, a women’s prison in Truro, N.S., correctional officials discovered a significant change in Hachey’s circumstances.
“During a post-suspension interview, you advised that you were pregnant, are due in July and would like to be released to a CBRF [community-based residential facility] that would allow your baby to live with you,” the decision states.
Since then, Hachey was moved to a different part of her prison unit after getting in a screaming match with another inmate, and officials found a pill that hadn’t been prescribed to her under her pillow.
Correctional Service Canada (CSC) recommended Hachey’s statutory release be revoked, and the parole board agreed.
It noted Hachey has nowhere to go should she be released again.
“The CBRF in one of these locations does not believe your risk can be managed at their facility and therefore is unwilling to provide you with accommodations should residency be imposed,” the decision said.
“Local police in this area are also unsupportive of your release.”
Hachey told the parole board she’d hoped to maintain sobriety when released, but claimed her circumstances led her to relapse.
“... You attributed your struggles to your living environment, with a family member who you said was abusive,” the decision stated.
“Since returning to custody, you told the board that you have been sober and are in a better headspace.”
The board noted Hachey went unlawfully at large on her statutory release when she anticipated failing a urinalysis screening for drug use, and was off CSC’s radar for four months.
“During this time, you were committing crime, albeit at a low level, and your CMT [case management team] were very concerned with your safety and well-being. Although you contemplated turning yourself in, those plans never materialized,” the decision states.
“For all these reasons, the board is satisfied that you will, by reoffending before the expiration of your sentence according to law, present an undue risk to society. Also, your undue risk is due to circumstances within your control. Therefore, the board revokes your statutory release.”
Another release date forthcoming
Even though her release was revoked, the parole board nevertheless discussed conditions for Hachey in the community - for when she reaches her next statutory release date.
The decision is silent on when that would be.
Among the special conditions Hachey will have to follow the next time she's released are to resident at a community-based residential facility or psychiatric facility as approved by CSC; no contact with Smith's family, Polchies or anyone she knows is involved in criminal activity; report all relationships and changes in those relationships; abstain from drugs and alcohol; and to follow her treatment plan.
“Your CMT believes that there are too many significant outstanding/unaddressed risk factors in your case and that your commitment to address these risk factors while in a community setting is in question,” the parole board stated in explaining the need for the conditions.
“The board notes that you have a history of associating with people involved in crime. The board believes that any association with criminally oriented people, drug users or people involved in the drug trade, would increase your risk to reoffend.”
While she has resumed serving her sentence for manslaughter, Hachey is facing a fresh theft charge for the alleged theft of the liquor, at the Cross Roads Irving in Hanwell on Oct. 27.
She’s due back in court to enter a plea on that charge Thursday.
Don MacPherson can be contacted at ftonindependent@gmail.com.
Canada needs a 3 strikes and you are out law. Some people simply refuse to follow society's rules.