(File Photo by Kevin Mathewson, Kenosha County Eye)
KENOSHA, Wis. — Just days after receiving a sentence that resulted in her immediate release from custody, Desteny Iana Chavez-Diaz contacted Kenosha County Eye demanding that her mugshot and a previously published story about her criminal case be removed. Chavez-Diaz, who appears to use the name “Lucy Alvarez” on Facebook, threatened to hire an attorney after being informed that the records and reporting were based on public information and would remain online.
Chavez-Diaz was charged after authorities alleged she led law enforcement on a high-speed chase through Kenosha County, reaching speeds in excess of 100 mph, running red lights, nearly striking other motorists, endangering her passenger, and endangering Lt. Chase Forster of the Kenosha County Sheriff’s Office. Prosecutors originally charged her with three counts of First-Degree Recklessly Endangering Safety, felony Fleeing or Eluding an Officer, Possession of THC, and Possession of Drug Paraphernalia.
Court records show Chavez-Diaz ultimately accepted a plea agreement and pleaded guilty to one count of First-Degree Recklessly Endangering Safety, felony Fleeing or Eluding an Officer, and Possession of THC. In exchange, two additional felony reckless-endangerment charges and a drug paraphernalia charge were dismissed and read in.
At sentencing on June 5, Judge Heather Iverson withheld sentence on two of the counts and imposed a two-year prison sentence on the remaining felony count, consisting of one year of initial confinement and one year of extended supervision. Chavez-Diaz received credit for 361 days already served, making her immediately eligible for release. Court records further show she was deemed eligible for both the Challenge Incarceration Program and Substance Abuse Program, and all counts were ordered to run concurrently.
(File Photo by Kevin Mathewson, Kenosha County Eye)
Many observers would likely view the outcome as an exceptionally lenient sentence given the allegations that Chavez-Diaz fled police at more than 100 mph, endangered multiple motorists, ran through major intersections against traffic signals, and forced officers to end the pursuit with spike strips. Prosecutors had previously argued that her conduct posed a significant danger to the public, and the case originally carried three felony reckless-endangerment counts in addition to the fleeing charge.
Almost as striking as the sentence itself was Judge Iverson’s indication that she would consider expunging Chavez-Diaz’s conviction if she successfully completes probation and avoids further contact with law enforcement. Court records state that the court will consider a petition for expungement upon successful completion of probation. If granted, the conviction would be removed from the public court record.
In a Facebook Messenger exchange after her release, Chavez-Diaz complained that her booking photograph and criminal case remained available online. She asserted that publication of the mugshot could negatively affect her ability to find employment and questioned why the story remained published after she had been released from custody.
Kenosha County Eye responded that criminal complaints, court records, jail records, booking photographs, and related government records are public records and that the publication of truthful information obtained from public records is protected by the First Amendment. Chavez-Diaz was advised that her release from custody did not alter the public nature of those records and did not create an obligation for media organizations to remove previously published reporting.
During the exchange, Chavez-Diaz argued that publication of her mugshot could interfere with future employment opportunities. Kenosha County Eye responded that if she did not want her mugshot or criminal case appearing online, she should refrain from committing crimes that result in arrests, mugshots, and public court proceedings.
After being informed that the story would not be removed, Chavez-Diaz stated that she intended to report the publication and seek legal counsel. Kenosha County Eye replied that it would not remove truthful reporting based on public records and that any legal action would have to overcome long-established constitutional protections for the publication of public-record information.
The exchange ended with Chavez-Diaz indicating she planned to pursue legal action. As of publication, the story and booking photograph remain online.
3 Responses
Heather Iverson has proven to be another HUGE disappointment.
whaaaa…. I committed crimes and don’t want my mugshot posted. Poor me
whaaaaa… I committed felonies and dont want my mugshot posted. Poor me