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Three-year term in daughter’s death could mean only a few months in jail By BETH MILLER Staff Reporter Although not totally satisfied with the three year sentence he gave a mother who stabbed her 5-year-old daughter to death, Judge I. Beverly Lake Jr. said in an interview he JUDGE LAKE felt compelled under the law to make that judgment. Judge Lake handed down the sentence Tuesday to Yolanda G. Drzik, 28, formerly of Havelock, for her plea of no contest to involuntary manslaughter. Drzik was originally charged with first-degree murder. She also received a suspended three-year sentence with five years of supervised probation for pleading no contest to assault with a deadly weapon inflicting serious injury on her then 14-month-old baby. That sentence is to begin at the expiration of her active term. The stabbing incident occurred Dec. 7 at Drzik’s residence in Havelock. Her daughter, Lorraine Frances Drzik, died after she was stabbed 21 times. Her son, Joseph Patrick Drzik Jr., suffered multiple stab wounds, but has fully recovered. Drzik also stabbed herself in the ab domen during the incident. In an interview Wednesday, Lake said the Fair Sentencing Act, which sets presumptive sentences, kept him from giving Drzik more time in prison. The presumptive sentence for involuntary manslaughter and the assault charge is three years each, with a maximum of 10 years for each charge. “It deprived me of some discretion that I could have well used in giving the defendant five years or six years as opposed to the three active, thereby allowing her to get into some valuable programs in women’s prison,” Lake said. “I’m not totally satisfied with the three, but that’s all I felt under the evidence I could do.” Drzik was given credit against 10 months already served, and a person normally serves from one-fourth to one-third of the sentence, which would make her eligible for parole early next year. “That's really why I wanted to go longer. If I could have given her five or six (years) under the law it would have been better and appropriate for her too,” the judge said. “This is another example where the sentencing law has worked to the disadvantage of the court in being able to administer a sentence which does balance the scales of justice, and affords the defendant some rehabilitation,” the judge said. District Attorney W. David McFa dyen Jr. said he accepted the plea for involuntary manslaughter in lieu of the original first-degree murder charge because a jury would have likely been swayed that Drzik was in sane at the time of the commission of the crimes. The plea bargain was agreed to Monday as jury selection in the case was about to begin. McFadyen had said previously he would seek the death penalty in the case. ‘The problem in the case is the law in this state recognizes insanity as a complete defense. If a jury deter mines a person is insane, he cannot be convicted or sent to prison.” Judge Lake, McFadyen and defense attorneys Joshua Willey Jr. and Benjamin Alford all agreed the Filipino woman's defense hinged on temporary insanity at the time of the stabbings. Two psychiatrists from Dorothea Dix reported that in their opinions Dizik was legally insane at the time she committed the acts, although she was sane immediately before and after the crimes. The district at torney, defense attorneys and the judge all agreed during separate in terviews that there was no expert opi nion to the contrary. “The factual evidence tended to corroborate the psychiatric opinions. The evidence of testimony showed she was wandering about, mumbling really bizarre behavior. We were left in a position where the psychiatric and the factual evidence was against us,” McFadyen said. The district attorney said the pro blem then became that the psychiatrists said she was sane and competent to stand trial. “If the jury found her not guilty she would have walked out of the courtroom and not gotten any psychiatric help.” Judge Lake agreed, saying, “I think it was a very good possibility on the basis of the evidence I heard, the jury could have found she was fem insane.” McFadyen said, however, ‘We an ticipated under the plea she would have received a significant active sentence. That is not to criticize the judge’s ruling. Technically, he follow ed the law.” The judge said he did not believe the one aggravating factor he found the age of the victim — the numerous mitigating factors he found in the case. “I was therefore stuck with three years by law, there was nothing else I could do.” By law a judge can sentence a per son to more or less than the presump tive sentence, depending on whether he finds the aggravating factors outweigh the mitigating factors, no matter if only one aggravating factor and five mitigating factors are found. The state argued the aggravating factor of ‘especially heinous, atrocious and cruel” was applicable to the case, but the judge said he did not agree because of his interpreta tion of the Supreme Court’s ruling. However, Judge Lake said he did find some “‘legitimate’” mitigating factors based on the psychiatrists’ reports and on the husband’s testimony. He found Drzik had a limited mental capacity, she was mildly retarded with an IQ of 63, she was in a psychotic depressive state that diminished her culpability, she had no prior criminal record and she had a good character. McFadyen said, “My observation is that practically, often times, many judges will decide on the appropriate sentence and then figure out a way to make it fit within the parameters of the Fair Sentencing Act.” Judge Lake said he has generally been able to resolve to his satisfaction a sentence by either going under cr cumstances. “To consider myself a right tough sentencing judge when I feel the facts justify it,” Judge Lake said. “I think it’s a situation where she is going to be pretty much a lost soul for the rest of her life, unless she can get some miraculous professional help because of her horrendous guilt,’’ the judge said. “A human life was taken, which was a very precious life. I got the very distinct impression that not only the father, but the mother, will suffer far beyond any sentence the court could impose in the case. “On that basis — plus the fact if it had gone to trial the jury may have exonerated her completely — I think the plea arrangement and the sentence, with the possible exception of the three years in lieu of five, was the best we could have come out with for all concerned.” Alford said his client needs mental health counseling and vocational and socialization skills. ‘It’s tragic from the standpoint that a little bit of men tal health counseling 30 days before, would have precluded these acts.” YOLANDA G. DRZIK
Newspaper Details
New Bern Sun Journal
New Bern, North Carolina, US
Fri, Oct 23, 1987
Page 7
Full Page
Clipped by
Lane M.
USA 27 Jul 2026
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