MONROE — A judge ultimately accepted a joint recommendation of probation and jail time for an Albany man convicted of child neglect, drug offenses and domestic abuse but said it was a “close call” not to serve a harsher sentence.

Stephen Duane Detra, 45, pleaded no contest Aug. 15 to felony charges of child neglect, strangulation and bail jumping and misdemeanor charges of possessing cocaine and marijuana. Other charges, including maintaining a drug-trafficking place and a second count of child neglect, were dismissed as part of a plea deal but “read in,” meaning the judge could consider them at sentencing.

Judge Thomas Vale sentenced Detra to three years on probation with a conditional six months in jail, as jointly recommended by the prosecution and defense. Absolute sobriety and parenting classes are also conditions of Detra’s probation.

Detra’s co-defendant and ex-girlfriend, Ashley Shawntae Smith, 30, faces similar charges in related cases. She is scheduled for a plea and sentencing hearing Sept. 4.

Their children, ages 1 and 3, were removed from their care after Detra’s older children and people in the community reported concerns for the toddlers’ welfare, according to court records.

Police executed a search warrant on the house Smith and Detra shared at 305 W. Nichols St. in Albany on April 9 and found it in “complete disarray,” littered with drug paraphernalia and emitting an “overly pungent smell of urine and garbage.” Police observed a crack pipe and cocaine “within reach of young children.”

Police found no specific injuries or harm to the children, but witnesses reported physical abuse and infrequent diaper changes that caused rashes.

Detra is working toward reunification with his children, a factor that Vale said swayed him toward the recommended probation term. Vale could have rejected the recommendation and imposed a prison sentence.

“It’s a close call,” Vale told Detra. “There’s going to be a large stick hanging over your head. ... Obviously you’re not young. You’re middle-aged, and you have huge responsibilities.”

District Attorney Craig Nolen said Detra “has been making fairly decent progress” toward reuniting with his children.

His progress hasn’t been without problems.

After Smith and Detra were charged in April with felony child neglect and maintaining a drug-trafficking place, they signed bonds with stipulations including no drug possession or further violations of the law. They broke these bond conditions less than three months later, police reported, and were subsequently charged with additional crimes including bail jumping.

On June 26, a family member called police to the home on West Nichols Street after witnessing Detra choke Smith during an argument. Smith told police Detra strangled her three times and she lost consciousness two of the times. She said he “was laughing as he was strangling” her.

Police determined Detra was the primary aggressor. However, the investigation also found that both Detra and Smith grabbed knives and smashed each other’s phones in the course of the fight. Detra had been drinking gin and blew a 0.119% blood-alcohol concentration in a breathalyzer test. Smith admitted to smoking marijuana hours earlier.

Detra’s “abhorrent” domestic abuse was a “huge hiccup,” Nolen said. Yet Nolen said he supported probation for Detra since it provides oversight while he works toward reuniting with his children.

“He has been taking more steps than the other parent,” Nolen said, referring to Smith.

Detra’s attorney, Corinne Frutiger, also cited mitigating factors. As a lifelong resident of the area, Detra “has set his roots down here and is raising a multitude of children here,” she said.

His life was also in a downward spiral in the years leading up to his arrest in April, according to Frutiger. After his father died in a car accident in 2018, he “unfortunately made the decision to self-medicate.” Meanwhile, “he was in what can only be described as a toxic relationship” with Smith, Frutiger said.

Detra and Smith have since split. Court records indicate Smith has moved to South Wayne.

Detra was previously convicted in Green County of child abuse in 2013. He served one year in jail and three years on probation in the case, which stemmed from an incident in 2012 at the same house on West Nichols Street in Albany. Detra spanked and hit a 4-year-old with a metal broom handle as punishment, causing “significant” bruising on the child’s back and face, according to court records.

Now, Frutiger said her client is “taking the placement of his children out of the home very seriously,” and she believed he would follow up with alcohol and drug treatment recommendations.

Detra declined to make a statement to the court but, when Vale asked him about drug treatment, Detra said he had never sought treatment in the past.

“I was never into drugs before this,” Detra said.