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Carroll County District Court | Jan. 23, 2014

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Items published in court news are public record. The News-Democrat publishes all misdemeanors, felonies and small-claims judgments recorded in district court, as well as all civil suits recorded in circuit court. Juvenile court cases are not published. Crime reports are provided by local law enforcement agencies. Charges or citations reported to the News-Democrat do not imply guilt.

DISTRICT COURT

The following decisions were rendered Wednesday and Thursday, Jan. 15-16, 2014, in Carroll County District Court with the Hon. Elizabeth Chandler presiding.

CIVIL

CCMH Corporation vs. Kenneth S. Williams, dismiss for lack of prosecution, response filed to keep on docket, keep open.

Carrollton Landmark Apartments vs. Nancy Robbins et al, dismiss for lack of prosecution, dismissed without prejudice.

Carrollton Landmark Apartments vs. Lisa Davis et al, dismiss for lack of prosecution, dismissed without prejudice.

Gary Banks vs. Floyd Smith, defendant failed to appear, granted, seven days to vacate.

Heather Wheatley vs. Troy Nickerson, et al, defendant present and stipulated to facts, eviction granted, seven days to vacate.

Carrollton Village Apartments, LTD vs. Stephanie Crawford, dismissed without prejudice per plaintiff.

Carrollton Village Apartments, LTD vs. Brittany Smith, eviction granted, seven days to vacate, defendant present and stipulated to the facts.

Edgar Hemingway vs. Betty Hemingway, review, remand.

Cabinet for Health and Family Services vs. Rebecca Smith, court notice, continued to Jan. 29.

DOMESTIC VIOLENCE

Rebecca S. Freyler vs. Stanley Long, domestic violence, petitioner failed to appear, dismissed without prejudice.

FELONY

Jason Brewer, 43, warrant served in Shelby County, theft by failure to make required disposition of property; false representation/aid as licensed electrical contractor, bonded out.

Steven Thomas, no age given, flagrant non-support, apply bond to child support balance, continued to Jan. 22.

Derek M. Blades, 20, first-degree promoting contraband; first-degree possession of a controlled substance, heroin, first offense; drug paraphernalia, buy/possess; first-degree promoting contraband, continued to Jan. 23.

Cindy Brewer, 23, second-degree criminal abuse, child 12 or under, continued to Jan. 16.

James M. Ayers, 33, second-degree criminal abuse, child 12 or under, continued to Jan. 16.

Megan O’Connor, 26, first-degree possession of a controlled substance, first offense, methamphetamine; drug paraphernalia, buy/possess; five counts of unlawful distribution of a meth precursor, first offense, continued to Jan. 23.

Grant Cobb, 52, three counts of unlawful distribution of a meth precursor, first offense, continued to Jan. 23.

Elizabeth A. Puckett, 45, four counts of unlawful distribution of a meth precursor, first offense, continued to Jan. 23.

Tommy J. Floyd, 25, manufacturing methamphetamine, first offense, continued to Jan. 23.

Troy L. Arvin II, 21, possession of a controlled substance; theft by unlawful taking/ distribution of a controlled substance under $10,000, continued to Jan. 23.

Jennifer M. Lainez, 31, first-degree criminal mischief; six counts of unlawful distribution of a meth precursor, first offense, continued to Jan. 23.

Tonya L. Hartman, 39, flagrant non-support, continued to April 9.

Melissa E. Milligan, 33, flagrant non-support, continued to April 9.

Malina J. Palmer, 30, flagrant non-support, continued to March 12.

Tonya Smith, 41, review, bench warrant $500.

Nicholas Filacchione, 26, flagrant non-support, continued to Feb. 5.

Adrien Proctor, 29, flagrant non-support, continued to April 23.

Betty Hemingway, 38, flagrant non-support, dismissed without prejudice per Commonwealth.

Deanna Schmucker, 37, flagrant non-support, continued to Feb. 5.

Robby L. Deitz, 43, flagrant non-support, continued to March 12.

Christopher Roach, 36, flagrant non-support, continued to Feb. 5.

Michael Estes, 27, flagrant non-support, continued to Jan. 16.

Michael Farrar, 35, flagrant non-support, continued to April 23.

Samuel Hollis, 34, flagrant non-support, failure to appear, bench warrant $1,000 cash.

Jarvis Riley, 38, flagrant non-support, continued to March. 12.

Christopher Lee, 31, flagrant non-support, continued to Feb. 5.

J. B. Benson, 40, third-degree assault, police/probation officer, merge per Commonwealth; fourth-degree assault, domestic violence with no visible injury, guilty, serve 30 days, conditionally discharged for two years, to have no further offenses and on condition that restitution is paid if submitted.

Brady Hill, 18, trafficking in a controlled substance, first offense, under two grams of heroin, continued to Jan. 30.

William D. Smith, 26, making false statement to obtain increase of benefit over $100, failure to appear, bench warrant $5,000 cash.

Michael Estes, 27, flagrant non-support, continued to Jan. 29.

Derek M. Blades, 20, first-degree promoting contraband; first-degree possession of controlled substance, heroin, first offense; drug paraphernalia, buy/possess; first-degree promoting contraband, continued to Jan. 23.

Cindy J. Brewer, 23, second-degree criminal abuse on child 12 or under, preliminary hearing held, probable cause established, transfer to Grand Jury, to have no contact with any minor children, house arrest, drug testing.

James M. Ayers, 33, second-degree criminal abuse on child 12 or under, preliminary hearing held, probable cause established, transfer to Grand Jury.

Johnathan D. Polley, 33, first-degree possession of a controlled substance, first offense, methamphetamine; public intoxication of a controlled substance, excludes alcohol, continued to Jan. 23.

MISDEMEANOR

Derek Pearson, 27, bench warrant served in Scott County, bonded out.

Jessica Philpot, 33, fourth-degree assault, domestic violence with minor injury, bonded out.

Darin S. Winkle, 36, fourth-degree assault, domestic violence with minor injury, bonded out.

Dewey Jump, 41, recall bench warrant, waive costs, waive $30 restitution pursuant to CCDC staff, in prison until 2021 at least.

Thomas E. Chadwell Jr., 43, diversion completion, court notice, sentencing continued to Jan. 29.

Bridget Ann Darius, 19, review, continued to March 12.

Stephanie D. Louden, 39, diversion completed, dismissed without prejudice, note: defendant was not in contempt of court at any time.

Jesse D. Rogers, 19, court notice sent, sentencing, conditional discharged time revoked based on failed drug tests, serve 30 days jail with school release, to ride bus, not to leave school property, and not to cause any trouble at school, order to attend AA in jail, may be released if finds a bed for impatient.

Christopher Lee, 31, non-support, continued to Feb. 5.

Cody Tingle, no age given, believed to have been released in October, show cause or deferred payment, bench warrant or Department of Transportation.

William L. Winkle, 26, to be paying per month, to Circuit or District.

Jordan C. Lamb, 18, carrying a concealed deadly weapon; failure of non-owner operator to maintain required insurance, first offense; no/expired Kentucky registration receipt, continued to Jan. 30.

Ricky Chadwell, 36, put on at request of county attorney’s office, ongoing complaints regarding dogs barking, court notice sent to defendant, continued to bench trial Feb. 27.

Adam B. Johnson, 23, theft by unlawful taking, serve 45 days, conditionally discharged for two years, to have no further offenses, do 80 hours public service work, to be monitored by Kentucky Alternative Program, to make restitution plus pay fees.

Austin R. Clemons, 19, drug paraphernalia, buy/possess, continued to Jan. 30.

Maddison T. Brophy, 19, possession of marijuana; drug paraphernalia, buy/possess, continued to Jan. 30.

William T. Beckley, 49, fourth-degree assault, domestic violence with minor injury, continued to Jan. 30.

Adam J. Coghill, 35, two counts of alcohol intoxication in a public place, first and second offense; guilty, $25 fine on each count, pay court costs.

William R. Baker, 42, failure to wear seat belt; improper equipment; possess open alcohol beverage container in a motor vehicle; possession of marijuana; drug paraphernalia, buy/possess; failure of owner to maintain required insurance/security, first offense; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to Jan. 30.

Rufus Weidemeier, 49, costs paid in full, dismiss without prejudice, per Commonwealth.

Michael A. Couch, 45, operating ATV on roadway; drinking alcoholic beverage in public place; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to suppression hearing.

William P. Arvin, 62, operating ATV on roadway; drinking alcoholic beverage in public place; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to suppression hearing.

Dale Robertson Jr., 29, third-degree criminal mischief, guilty, serve 30 days, conditionally discharged for two years, credit time served, pay restitution, to have no further offenses, stay out of Suds and Duds; third-degree trespassing, merge, dismissed without prejudice.

Kristen L. Mumphrey, 22, failure to wear seat belt; possession of marijuana; drug paraphernalia, buy/possess; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to Jan. 30.

Courtney Hearn, 18, careless driving; license to be in possession; possession of marijuana; drug paraphernalia, buy/possess; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to Jan. 30.

Colleen Bromwell, 25, theft by unlawful taking, shoplifting, under $500, continued to Jan. 30.

Greg A. Carlton, 28, theft by unlawful taking under $500, continued to Jan. 30.

James B. Lewis, 41, fourth-degree assault, domestic violence with minor injury, continued to Jan. 30.

Penny L. Brown, 36, four counts of theft by deception, including cold checks, guilty, to make restitution pay fees and costs.

Colby Dawn, 22, possession of marijuana; drug paraphernalia, buy/possess; cultivate marijuana, under 5 plants, first offense, continued to Jan. 30.

Brittney Hayer, 23, two counts of endangering the welfare of a minor, continued to Jan. 30.

Edward A. Hauber, 21, possession of marijuana; drug paraphernalia, buy/possess, continued to Jan. 30.

Matthew Dermon, 22, possession of marijuana; drug paraphernalia, buy/possess, continued to Jan. 30.

Joseph C. Hensley, 30, fourth-degree assault, domestic violence with minor injury, continued to Jan. 30.

Rachel D. Gray, 25, theft by unlawful taking, shoplifting, guilty, serve 45 days, conditionally discharged for two years to have no further offenses, 80 hours of public service work, stay out of Speedway for two years.

Heather Marshall, 30, three counts of endangering the welfare of a minor; fourth-degree assault, domestic violence with no visible injury, continued to Feb. 12.

Samuel Moore, 21, third-degree criminal mischief, dismissed without prejudice per Commonwealth.

PROBATE

Rickie Dilts Jr., motion to exclude entire documents from public access, motion granted.

Gilbert Lacefield, for hearing on claim, motion denied.

Thomas Leo Fornash, inventory, continued to Jan. 29.

Tyler Robert Ray Hortenbery, inventory, remand.

Mary Ellen Hunt, probate hearing, to be signed once funeral bill is paid or letter received.

SMALL CLAIMS

Jill Hamilton vs. Tessie Hicks, paid in full per plaintiff, requested dismissal, dismissed without prejudice.

TRAFFIC

Kevin L. McClain, 41, bench warrant for DUI charge served in Shelby County, bonded out.

Trenton D. Webster, 20, $500 fine, serve three days, start Friday, Jan. 17 to Sunday.

Christopher Rayburn, 23, operating on revoked/suspended license, amend to not in possession, $50 fine plus pay court costs.

Elizabeth Smith, 24, failure to wear seat belt, $25 fine; failure of owner to maintain required insurance/security, first offense, continued to Jan. 30; operating on revoked/suspended operator’s license, amend to not in possession, $50 fine plus pay costs.

Steven Bond, 29, speeding 26 mph or over, merge; careless driving, to State Traffic School, pay court costs.

Jesse R. Gibson, 24, operating a motor vehicle under the influence of alcohol/drugs with BAC 0.08, first offense, continued to Jan. 30.

Sarah Hunter, 36, failure to wear seat belt, paid in full; license to be in possession, continued to Jan. 30.

Kevin L. Kurtz, 42, speeding 13 mph over limit; operating a motor vehicle under the influence of alcohol/drugs with BAC 0.08, first offense; possess open alcohol beverage container in a motor vehicle; operating vehicle with expired operator’s license, continued to Jan. 30.

Mitchell W. Tharp, 28, speeding 26 mph or more over limit, amend to 25 mph over, guilty, to State Traffic School, $50 fine, plus pay court costs.

Jonathan Rayborn, 23, improper passing; failure of owner to maintain required insurance/ security, first offense, failure to appear, to Department of Transportation.

Felipe S. Baquedana Baca, 28, speeding 16 mph over (limited access), $32 fine; failure to wear seat belt, $25 fine; no operator’s/moped license, guilty, serve 20 days, conditionally discharged if no further offenses for two years, $250 fine, pay court costs; failure of non-owner operator to maintain required insurance, first offense, proof shown, dismissed without prejudice.

Bricio Guerrero, 35, speeding 15 mph over limit, guilty, $30 fine, pay court costs; no operator’s/moped license, proof shown, dismissed without prejudice; failure of non-owner operator to maintain required insurance, proof shown, dismissed without prejudice.

Sara D. Shelley, 24, reckless driving; two counts of operating on suspended/revoked operator’s license; two counts of failure of non-owner operator to maintain required insurance, first offense; failure to wear seat belt; failure to appear, bench warrant, $250 cash.

Cody Tingle, no age given, show cause or deferred payment, bench warrant or Department of Transportation.

Amanda M. Smith, 24, speeding 16 mph over (limited access), failure to appear, to Department of Transportation.

Toralla R. McCree, 35, speeding 21 mph (limited access); following another vehicle too closely, failure to appear, to Department of Transportation.

Melissa A. Robbins, 38, speeding 10 mph over limit, paid in full.

Pamela D. Weaver, 28, speeding 10 mph over limit, continued to Jan. 30.

Stuart A. Schirmer, 49, failure to wear seat belt, paid in full; no/expired registration plates, proof shown, dismissed.

Charles G. Norton, 38, failure to wear seat belt, guilty, $25 fine; failure of owner to maintain required insurance/security, first offense, guilty, $500 fine plus serve three days, conditionally discharged for two years, to Kentucky Alternative Program for six months; operating vehicle with expired operator’s license, proof shown, dismissed without prejudice; careless driving, merge.

Christian F. Mascagni, 36, speeding 10 mph over (limited access), failure to appear, to Department of Transportation.

Ashlee E. Cambell, 25, speeding 10 mph over limit, failure to appear, to Department of Transportation.

Paul T. Hendren Jr., 37, failure to wear seat belt, failure to appear, to Department of Transportation.

Arthur L. Cox, 38, speeding 20 mph over limit, failure to appear, to Department of Transportation.

Jesse D. Peters, 23, failure to wear seat belt, paid in full.

Daniel K. Devlin, 23, speeding 21 mph over (limited access), continue mailing payment.

William D. Smith, 26, if paying on restitution case 13F212, continue to pass this case 10/28/13, paid $125 on restitution.

Destiny Chandler, 22, operating a motor vehicle under the influence of alcohol/drugs with BAC 0.08, first offense; failure of owner to maintain required insurance/security, first offense, continued to Jan. 30.

Joseph D. Tilley, 36, speeding 16 mph over limit; operating a motor vehicle under the influence of alcohol/drugs with BAC 0.08, second offense, continued to suppression hearing, March 13.

Sheila Smith, 48, operating a motor vehicle under the influence of alcohol/drugs with BAC 0.08, first offense, continued to suppression hearing March 13.

Cory J. Craner, 40, improper turning; operating on suspended/revoked operator’s license; failure of owner to maintain required insurance/security, first offense; failure to notify address change to Department of Transportation, continued to Feb. 13.

George R. Prentice III, 51, no/expired registration plates, merge; careless driving, merge; operating a motor vehicle under the influence of alcohol/drugs with BAC 0.08, first offense, guilty, serve four days in jail, credit time served, pay fine plus costs and  $375 fee to Alcohol and Drug Education classes, 30 days suspension of operator’s license; possess open alcohol beverage container in a motor vehicle, merge.

John N. Marsh, 23, speeding 26 mph over/greater, amend to 25 mph over, to State Traffic School; careless driving, merge; failure to wear seat belt, merge.

Justin Mefford, 25, operating a motor vehicle under the influence of alcohol/drugs with BAC 0.08, first offense; possession of open alcohol beverage container in a motor vehicle, continued to Jan. 30.

Robert Wilson, 51, failure to wear seat belt; operating on suspended/revoked operator’s license; operating a motor vehicle under the influence of alcohol/drugs with BAC 0.08, first offense, continued to Feb. 27.

Christopher L. Blust, 28, failure of owner to maintain required insurance/security, second of more offense, guilty, $1,000 fine plus serve three days, condtionally discharged for two years to Kentucky Alternative Program for 12 months, pay costs.

Bryan Wise, 24, speeding 26 mph over/greater, merge; operting ATV on roadway, merge; failure to notify address change to Department of Transportation, merge; operating a motor vehicle under the influence of alcohol/drugs with BAC 0.08, first offense, guilty, $350 fine plus $375 fee to Alcohol and Drug Education classes, 90 day suspension of operator’s license, pay costs.

Kenneth Harris, 29, failure of non-owner operator to maintain required insurance, first offense, continued to Feb. 13.

Synjen Carter, 18, leaving scene of accident, failure to render aid or assistance, guilty, serve 30 days, conditionally discharged for two years, to have  no further offenses, plus pay resitution, have substance abuse assessment from Kentucky Alternative Program and follow all recommendations.

German A. Sellinas Mireles, 25, operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense; possession of an open alcohol beverage container in a motor vehicle, continued to Jan. 30.

Claude Nantz, 71, speeding 10 mph over; failure to wear seat belt; possess open alcohol beverage container in a motor vehicle; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to bench trial March 27.

Destanee Denton, 18, reckless driving; disregarding stop sign; disregarding traffic control device, traffic light; failure of owner to maintain required insurance/security, first offense; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to bench trial Jan. 30.

Gregory C. Goga Jr., 36, failure to wear seat belt; no/expired registration plates; failure of owner to maintain required insurance/security, first offense; operating on suspended/revoked operator’s license, failure to appear, bench warrant, $250 cash.

Sheila Mattox, 25, failure to wear seat belt; operating on suspended/revoked operator’s license; failure of non-owner operator to maintain required insurance, first offense; improper equipment, continued to Jan. 30, to have some classes done.

Richard D. Tobey, 61, operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, Alford plea, $200 fine plus $375 fee to Alcohol and Drug Education classes, 90 days suspension of operator’s license; failure to produce insurance card, proof shown, dismissed without prejudice; no/expired Kentucky Registration Receipt, proof shown, dismissed without prejudice.

Anthony R. Miller, 52, failure to notify address change to Department of Transportation; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to Feb. 13.

Hertina Willander, 43, home incarceration, serve 20 days on case12T02293 and on case 13T00673, failure of non-owner operator to maintain required insurance, first offense, guilty, $500 fine plus serve three days, conditionally discharged to two years to Kentucky Alternative Program for six months.

Halee C. McClary, 21, operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to Jan. 30.

Final Judgment

Thomas E. Howard, 35, pleaded guilty to first-degree trafficking in a controlled substance, first offense, a class D felony and was sentenced to five years imprisonment and fined $1,000 and court costs, the defendant was placed on probation under the supervision of the Division of Probation and Parole of the State of Kentucky for five years, he is to serve 180 days incarceration, any cash/property bond posted may be released at this time.