A New Jersey woman charged with making fake threats against fellow black college students lost her bid to enter a probation program that would have allowed her to avoid jail time.
But Kayla-Simone McKelvey's attorney said he will ask a judge to overturn the decision. McKelvey was seeking admittance into the pretrial program.
However, Union County prosecutors told a state judge Wednesday they had rejected her request. They instead offered to recommend that she receive a six-month jail term if she pleads guilty and pays restitution.
McKelvey's attorney, Thomas Ashley, said his client is "extremely" sorry for what happened and has "great remorse." Ashley said he would file legal papers with the judge, asking him to allow her into the pretrial intervention program. A hearing is scheduled for later this month.
McKelvey has pleaded not guilty to a charge of creating a false public alarm at Kean University. She could face up to five years in prison if convicted. She graduated from the school last May.
She was on campus to participate in a Nov. 17 rally on racial issues when she went to a campus library and tweeted anonymous threats against black students, prosecutors have said. They say she soon returned to the rally and tried to raise awareness about the threats.
She was charged about two weeks later.
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The rally came in the wake of racial protests at the University of Missouri and other college campuses.
