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NewsDecember 28, 2004

A defendant described as helpful by her attorney was sentenced Monday to 10 years in prison for helping the wrong person. Juanita L. Holderbaugh, 29, of Jackson was sentenced for the attempted murder of Billie Davis of Jackson. Holderbaugh pleaded guilty Aug. 23 to attempted murder, admitting that she and Davis' daughter, Tara McClanahan, allegedly set fire to the bed Davis was sleeping in and to a curtain, leaving her to die in the fire...

A defendant described as helpful by her attorney was sentenced Monday to 10 years in prison for helping the wrong person.

Juanita L. Holderbaugh, 29, of Jackson was sentenced for the attempted murder of Billie Davis of Jackson. Holderbaugh pleaded guilty Aug. 23 to attempted murder, admitting that she and Davis' daughter, Tara McClanahan, allegedly set fire to the bed Davis was sleeping in and to a curtain, leaving her to die in the fire.

The maximum sentence Judge John Heisserer of Cape Girardeau Circuit Court Division I could have imposed is 15 years.

McClanahan is scheduled for a jury trial on a change of venue in Mississippi County on Feb. 28.

At the sentencing Monday, defense attorney Wayne Williams asked Heisserer to grant probation and a suspended sentence because Holderbaugh had no criminal history and was following McClanahan's lead.

"She has a history of helping other people," Williams said. "She got in way over her head with her co-defendant."

Williams noted that until she was arrested and jailed, Holderbaugh had worked as a certified nurse assistant in several area nursing homes, had worked for a local doctor and had been employed at a home for mentally challenged residents. In addition, he said, she was "two semesters shy of an associate degree as a medical assistant," Williams said.

If the judge would not suspend imposition of sentence, Williams suggested as an alternative five years in prison.

Maximum sought

Cape Girardeau County Prosecuting Attorney Morley Swingle argued for the maximum sentence.

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"There are too many extremes in this sentencing recommendation," Swingle said.

Reading from Holderbaugh's written confession, Swingle recounted that Holderbaugh admitted she and McClanahan sneaked into Davis's house and went into the bedroom where Davis was sleeping. Holderbaugh said she handed a lighted candle to McClanahan who she said set the bed and curtains afire, then ran out of the house leaving the fire to spread and Davis to die.

Davis survived the fire because she had awakened to get a drink of water and found herself in the burning room.

Swingle said he had already given Holderbaugh a break when he dismissed charges against her for arson in exchange for a guilty plea of attempted arson and testimony against McClanahan. Swingle said Holderbaugh did not cooperate with the court in its case against McClanahan.

"She has made herself worthless as a witness," Swingle said.

A tearful Holderbaugh apologized to her parents sitting in the front row of the courtroom. Turning to face Heisserer, she asked for his mercy.

"I should never have followed into this," she said. "It is not my nature. I have a 9-year-old I do adore. I ask that you take that into the considerations my attorney has put before you."

Heisserer said he could see that Holderbaugh was a follower and that the attempt on Davis' life was not her idea.

"I think you have good parents who raised you better," he said. "I think you know better. Most of the problems in this world are caused by people who when they know something is wrong blindly follow the leader. This is a serious crime, and it requires a serious sentence."

lredeffer@semissourian.com

335-6611, extension 160

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