A judge chose Wednesday to allow a Tahlequah woman to take a guardian interlock device off of her car before it was originally ordered to be removed.

Chief District Judge Bruce Sewell granted Amy Faye Silcox’s request to remove the interlock during a brief hearing Wednesday morning in his chambers. Spectators were initially told the matter would be heard in the small courtroom on the third floor of the courthouse.

Silcox was ordered to serve seven years in prison on a first-degree manslaughter charge. She was driving while intoxicated when she was involved in a November 1998 crash that killed Shannon Payne.

Silcox entered a blind plea of no contest to the charge, which means there was no agreed plea with prosecutors.

Assistant District Attorney Angela Jones said prosecutors were not in agreement that the device should be removed. Sewell’s order at the time of sentencing required Silcox to have the interlock device in her vehicle for 10 years after her release.

The device has been on her vehicle for four years. Jones said the money Silcox spent for the device each month will now be added to restitution payments she makes to Payne’s parents. The judge, at the sentencing hearing, ordered payment of $6,000 in restitution to the Paynes.

Jones said Sewell noted during the hearing that Silcox has completed several programs since the sentencing. He also Silcox has a good record since her sentencing, and the interlock device is not a guarantee that Silcox will not drive drunk.

Jones said Payne’s mother had no objections to allowing Silcox to stop using the interlock device.

Sewell also ordered Silcox to serve 45 weekends in the Cherokee County Jail at a rate of one weekend a month. She has previously attempted to have her county jail sentence suspended without success.

Silcox started serving the weekends Jan. 11, 2003. The weekends-in-jail sentence was not included in Silcox’s request Wednesday.

Silcox has participated in Victim Impact Panel and has been making restitution payments of $50 a month, as ordered by the court.

Court records show Silcox sought to have the interlock device removed in February 2004 because it was a financial difficulty on her family.

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