District Court Judge Jeffrey Pilkington pointed out that on April 13, Joshua Polaske had choices. It was a choice to deal drugs, the judge said, and it was a choice to fire a gun. “That is the …
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District Court Judge Jeffrey Pilkington pointed out that on April 13, Joshua Polaske had choices.
It was a choice to deal drugs, the judge said, and it was a choice to fire a gun.
“That is the choice that got us here,” Pilkington said during Polaske's sentencing hearing. “The fact of the matter is that Mr. Polaske made very poor choices.”
Polaske, 28, was sentenced on Dec. 2 for his participation in Kristian Macleod's death on April 13. Polaske will serve 30 years in the Department of Corrections for Murder 2 and 30 years for possession of a controlled substance while also in possession of a gun. He pleaded guilty to these charges on Nov. 1. The sentences will be served concurrently.
A jury trial for the co-defendant in the case, Laci Barclay, 25, is expected to begin on March 31. She faces three felony charges — accessory to murder, distribution of a controlled substance and first-degree murder.
According to testimony by a Jefferson County Sheriff's investigator during Barclay and Polaske's joint preliminary hearing on June 28, Barclay went to Macleod's home with Polaske and Polaske's 15-year-old neighbor at about midday on April 13. Barclay's girlfriend was good friends with Macleod's fiancée, and Barclay said she wanted to show Macleod some black tar heroin.
After the purchase was completed, Barclay, Polaske and the 15-year-old left and went to a nearby restaurant to eat. The investigator testified that the 15-year-old stated that Barclay and Polaske were discussing going back to Macleod's later that night to rob him of drugs, guns and a lottery ticket that Macleod's fiancée had told Barclay she thought was a big winner. However, the fiancée called Barclay wanting more meth, so the three left the restaurant and returned to Macleod's.
When they arrived, the 15-year-old said they saw the fiancée crying and that Macleod had possibly struck her or attempted to hit her, and told her to leave. According to the investigator's testimony, Polaske and Barclay got into an argument with Macleod inside the home, and eventually, Macleod told them to get out of his house.
The fiancée told investigators that while she was taking some belongings to her car, she heard gunshots fired, then saw Polaske, Barclay and the 15-year-old run out of the house.
Jefferson County Sheriff's deputies responded to a report of a gunshot wound. Macleod was transported to the hospital with life threatening injuries and was pronounced dead just before 5 p.m.
During the course of the investigation, witnesses had identified both Barclay and Polaske through photograph line-ups. Barclay was arrested on April 14 and Polaske was arrested on April 15.
Polaske was originally charged with three felony charges: murder 1 - after deliberation, distribution of a controlled substance and possession of a weapon by previous juvenile offender.
Polaske addressed the court on Dec. 2 with an apologetic statement, noting that after he fulfills his sentence, he intends to be “a better person getting out of jail than I was going in.”
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