The woman convicted in the shooting death of the father of her child was released from jail this week.
Tiffany Upshaw was released on Monday. She pleaded guilty in March to an amended charge of manslaughter in the July 2013 shooting death of Melvin Scott. Under the Split Sentence Act, Circuit Judge Jeff Kelley sentenced Upshaw to serve nine months of her 10-year sentence. The legislative act was formed to give judges some discretion to avoid the potentially harsh consequences of the Habitual Offender Act, but it can be used for any Class A or B felony that does not involve a criminal sex offense with a child.
he judge District Attorney Tom Anderson said Monday’s release was the result of her time served. Once the sentencing paperwork was processed, she would be credited with the time she spent awaiting trial.
“If she’s been incarcerated consistently for nine months, that would be why she was released,” he said.
Anderson reiterated his comments after the sentencing. “The victim’s family would have wanted more time,” he said. “We asked for more time than was given during the sentencing hearing but we understand the judge’s reasoning.”
The victim’s family approved the plea agreement and asked the District Attorney’s office to seek the maximum sentencing, which would have been 20 years. The plea agreement was a blind one, meaning there was no set sentence attached.
Upshaw was originally charged with felony murder in the shooting.