Tierney could be locked up Friday in Red Lion-area double fatal DUI
Two days after a state appeals court upheld the conviction of Jodie Tierney, a York County judge has scheduled a hearing this week for the former Red Lion-area woman convicted of providing alcohol to her teenage son and his friends, including two who died in a fiery DUI crash.
Tierney, 48, now of the 300 block of Pine Valley Drive in Chanceford Township, has remained free on $50,000 bail pending her appeal, which was decided by the Superior Court on May 22.
York County Common Pleas Judge Maria Musti Cook, who presided over the trial, responded to the decision by ordering a hearing in her courtroom at 2:30 p.m. Friday, May 31, according to court records.
Cook stated in her order:
"The defendant should be prepared to be remanded to York County Prison at the conclusion of the hearing."
Cook's order describes Friday's proceeding as a sentencing hearing.
In addition to affirming Tierney's conviction after reviewing the defense's arguments for a new trial, the Superior Court sided with prosecutors who had filed their own appeal of the case.
Prosecutors, in their appeal, had argued that Tierney's convictions for counts of involuntary manslaughter and child endangerment shouldn't "merge" for sentencing purposes.
New sentence: The Superior Court agreed in its 48-page opinion that the trial judge should have handed down separate sentences on those counts.
Because of that, the appellate court vacated Tierney's sentence and ordered she be resentenced in York County Common Pleas Court.
Defense attorney Demetra Mehta has not returned two phone messages seeking comment.
On May 23, chief deputy prosecutor Tim Barker predicted Tierney could remain free for some time and noted that she has 30 days to decide whether to appeal the Superior Court's decision to the state Supreme Court.
Barker also confirmed that the Superior Court's resentencing ruling in favor of the prosecution means he can ask that Tierney's sentences on the involuntary manslaughter and child endangerment convictions be run consecutively.
"The court could ... give a higher sentence," he said.
The background: Stone Hill, 17, and Nick Mankin, 16, were killed shortly after 7 p.m. June 16, 2015, when Stone lost control of his SUV, which flipped, slammed into a utility pole and burst into flames on Slab Road in Lower Chanceford Township, just minutes from Stone's home.
They were on their way to Stone's house from the Tierney home at the time on Percheron Drive in Windsor Township, where they had spent the day hanging out, swimming and drinking, according to trial testimony.
Tierney was convicted July 20, 2017, of two counts each of involuntary manslaughter and child endangerment and one count each of corruption of minors and furnishing alcohol to minors.
She was sentenced to 2½ to six years in state prison.
Barker has described the teen drinking parties at the Tierney home as "ragers."
From December 2014 to June 2015, there was vomiting, passing out and one instance of bed-wetting, he said. One young man was body-slammed by a friend for trying to inappropriately touch girls, he said.
Drunk teen unresponsive: One of the young men became so drunk on rum he was unresponsive and had to be carried to his father's car, according to testimony, but still Tierney and husband Stephen D. Tierney didn't alert any parents.
Barker has called Tierney's inaction "the epitome of indifference" toward the teens and scoffed at her assertion that she had no idea that drinking was going on in her home.
Judge Cook has previously said in court she doesn't believe the statements Jodie Tierney made about the circumstances leading up to the fatal crash.
Cook also said the Tierneys took "minimal accountability" for their actions despite their "overwhelming guilt."
"The parenting displayed (by the Tierneys) in this case rivals some of the worst I've ever seen," the judge has said.
Probation for husband: Stephen Tierney, 48, was sentenced to three years' probation on his case.
He pleaded guilty July 10, 2017, on the eve of trial, to corruption of minors and furnishing alcohol to minors.
Stephen Tierney's guilty plea was not for the deaths of Stone and Nick. It was for allowing the group of his older son's teen friends to drink at his home on one occasion.
— Reach Liz Evans Scolforo at firstname.lastname@example.org or on Twitter at @LizScolforoYD.