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Carroll County District Court Public Records: Week of Aug. 17, 2011

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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, Aug. 10-11, 2011, in Carroll County District Court with the Hon. Thomas M. Funk presiding.

CIVIL

States, Inc. vs. Jeffrey Brooks, review, to see if order is filed, continued to Aug. 24.

Carrollton Landmark Apartments vs. Kristen Carlton, order in file, settled/dismissing.

Raetta Porter vs. Jessica Laniez, eviction ordered, seven days to vacate.

DOMESTIC

Sherry Lynn Hoyt vs. Brian Theadore Hoyt, review unserved Emergency Protective Order, domestic violence, no show.

Tiffany Kay McGlennen vs. James Howard McGlennen II, domestic violence, order signed.

FELONY

Kim A. Myrick, 43, flagrant non-support, court notice to defendant, continued to Oct. 5.

Randy Halstead, 27, flagrant non-support, continued to Oct. 5.

Henry Johnson, 35, flagrant non-support, preliminary hearing Sept. 7.

James A. Raisor, 40, flagrant non-support, preliminary hearing Aug. 17.

Vernon Smith, 57, theft by deception-including cold checks, $10,000 or more, preliminary hearing Nov. 17.

Justin R. Skirvin, 22, order for diversion/dismissal, pay or sentencing Oct. 20.

Christopher A. Hoskins, 23, operating a motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense; first-degree wanton endangerment, preliminary hearing Aug. 17.

Charlotte Ann Adams, 28, contempt for failure to pay restitution, fines and costs, continued to Aug. 25.

MISDEMEANOR

Michael Sewell, 32, show cause hearing, bench warrant for amount owed.

James P. Grider Sr., 24, fourth-degree assault with no visible injury, continued to Aug. 25.

Darren S. Poe, 27, operating on suspended/revoked operator’s license; operating motor vehicle under/influence of alcohol and drugs with BAC 0.08, second offense, amend to third DUI; possess open alcohol beverage container in a motor vehicle; two counts of resisting arrest, continued to Aug. 25.

John Keeley, 60, owes $188, bench warrant for amount owed.

Sarah Funston, 27, diversion completion, owes $153 plus restitution, continued to Dec. 15.

Mark E. Louden, 40, diversion completion, continued to Nov. 3.

Angela Banta, 22, diversion completion, court notice, continued to Aug. 25.

Joshua L. Ricketts, 21, diversion completion, paid in full, set aside, dismiss.

Mary E. Clift, 23, driving without a license/negligence in accident, amend to no operator’s license in possession, guilty, $50 fine; instructional permit violation, dismissed.

Troy A. Nickerson, 39, motion to revoke, failed to comply with Kentucky Alternative Program, continued to Aug. 25.

Blake C. Marksberry, no age given, alcohol intoxication in a public place, first and second offense, guilty, $25 fine plus court costs.

Kayla D. Purvis, 23, drinking alcoholic beverage in public place, first and second offense, paid in full.

Terry Kiser, 40, second-degree possession of a controlled substance, drug unspecified; controlled substance prescription not in original container, first offense, trial in absence Aug. 25.

Christy M. Hamilton, 29, theft by unlawful taking, shoplifting, bench trial Sept. 7.

Michelle Cox, 39, fourth-degree assault with minor injury, bench trial Sept. 8.

Christopher A. Brewer, 34, failure to wear seat belts; possession of marijuana, guilty, $200 fine plus court costs; drug paraphernalia, buy/possess, guilty, $250 fine plus 30 days serve, conditionally discharged.

Ashley N. Combs, 23, theft by unlawful taking/shoplifting, guilty, 45 days, serve four, conditionally discharged balance, pay court costs.

Erica C. Montgomery, 22, theft by unlawful taking/shoplifting, guilty, 45 days, serve 4, conditionally discharged balance, pay court costs.

Rene C. Rabago, 37, alcohol intoxication in a public place, first and second offense; second-degree fleeing or evading police, (on foot), trial in absence Aug. 25.

Samantha Schaffner,19, alcohol intoxication in a public place, third or more offense within a 12 month period; second-degree disorderly conduct, continued to Aug. 25.

Aidean Perez-Ortiz, 27, alcohol intoxication in a public place, first and second offense, guilty, $25 fine plus court costs; third-degree criminal trespassing, guilty, $50 fine, apply bond.

Rigoberto Mazeregos, 24, alcohol intoxication in a public place, first and second offense, guilty, $25 fine plus court costs.

Aaron Lee Searcy, 30, two counts of alcohol intoxication in a public place, first and second offense, trial in absence, Aug. 25.

Jeremy S. Harris, 28, six counts of theft by deception, including cold checks under $500, guilty, to make restitution, pay fees and court costs plus five days, bench warrant.

Jody Simpson, 41, third-degree criminal mischief; second-degree fleeing or evading police, (on foot), paid restitution Aug. 10.

Ray Wayne, no age given, failure to comply with/order to remove health nuisances, continued to Sept. 8.

Wenonah Cummings, no age given, harassment, no physical contact, set aside and dismiss.

Matthew Earl Combs, 20, diversion completion, continued to Sept. 8.

Dustin S. Collins, 37, operating a motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense; failure to produce insurance card; careless driving; criminal littering, continued to Aug. 25.

Michelle A. Taylor, 46, theft by unlawful taking/shoplifting, continued to Aug. 25.

Janette L. Dillow, 24, alcohol intoxication in a public place, first and second offense; fourth-degree assault with minor injury, Administrative Office of the Courts diversion, continued to Dec. 15.

Deetta McCormick, 49, operating on suspended/revoked operator’s license; controlled substance prescription not in original container, first offense; failure of non-owner operator to maintain required insurance, first offense; improper display of registration plates; giving officer false name or address, court notice to defendant, continued to Aug. 25.

Michael Robbins, 47, motion to withdraw, court notice to defendant, trial in absence, Aug. 25.

Deanna Rodgers, no age given, show cause deferred/installment payment, court notice to defendant, continued to Aug. 25.

Deana Renee Rogers, 28, fourth-degree assault, domestic violence with minor injury, pretrial Aug. 25.

Keisha D. Smith, 20, show cause deferred/installment payment, owes $123, continued to Sept. 8, sentencing.

Cleveland W. Riley, 31, theft by deception, including cold checks under $500, continued to Sept. 22.

Rodney Hunt, 41, fourth-degree assault, domestic violence with no visible injury, probable cause established, dismissed without prejudice.

Robert L. Taylor, 39, alcohol intoxication in a public place, first and second offense, guilty, $25 fine plus court costs; fourth-degree assault with minor injury, guilty, 10 days serve, bench warrant.

PROBATE

Dawn Austin, no settlement, continued to Sept. 7.

Shane Mefford, hearing, order signed.

TRAFFIC

Henrietta L. House, 36, motion to revoke failed to comply with Kentucky Alternative Program, continued to Aug. 25.

Joshua C. Crawford-Stewart, 19, motion to revoke, failed to comply with Kentucky Alternative Program, withdraw motion.

Candace R. Atchison, 20, motion to revoke, failed to comply with Kentucky Alternative Program, motion sustained, bench warrant, $500 plus three days serve.

Gene Hereford, 81, arraignment, leave Department of Transportation.

Shannon W. McAlister, 42, failure to wear seat belts; failure of owner to maintain required insurance/security, first offense; operating on suspended/revoked operator’s license, continued to Aug. 25.

Samba Torry, 53, no/expired registration plates; no/expired Kentucky registration receipt; failure to notify address change to Department of Transportation; operating vehicle with expired operator’s license; failure to produce insurance card, continued to Sept. 8.

Nanette C. Watkins, 38, speeding 14 mph over limit; failure to register transfer of motor vehicle; failure of owner to maintain required insurance/security, first offense, trial in absence Aug. 24.

Jessica L. Lainez, 33, failure to notify address change to Department of Transportation, proof shown; no/expired other state registration receipt, continued to Sept. 8.

Evelyn Tuttle, 18, possess open alcohol beverage container in a motor vehicle, trial in absence Aug. 24.

Mindy M. Oak, 33, no/expired registration plates; no/expired Kentucky registration receipt, continued to Aug. 25.

Simon Armel Oum Maemble, 27, failure of non-owner operator to maintain required insurance, first offense, proof shown, dismissed.

Christopher M. Caplinger, 35, failure of owner to maintain required insurance/security, first offense, proof shown, dismissed; failure to notify address change to Department of Transportation, proof shown, dismissed; speeding 15 mph over limit, paid in full.

David A. Biddle, 24, disregarding traffic regulation, first offense, guilty, $50 fine plus court costs; operating on suspended operator’s license, amend to no operator’s license in possession, guilty, $50 fine; license to be in possession, merge.

Christopher Gross, 24, communication device violation, first offense, paid in full.

Alejandro S. Conterro, 29, failure to produce insurance card; operating on suspended/revoked operator’s license, continued to Aug. 25.

David A. Stark, 32, improper display of registration plates, proof shown; operating on suspended/revoked operator’s license, proof shown.

Courtney R. Konkle, 22, failure to produce insurance card, proof shown, dismissed.

Guy E. Abbott II, 44, no/expired Kentucky registration receipt, proof shown; no/expired registration plates; failure to produce insurance card, proof shown.

Paul K. Mullins, 48, failure to produce insurance card, amend to no insurance, guilty, $500 fine plus three days serve, conditionally discharged to Kentucky Alternative Program for six months, pay court costs.

Roger D. Lewis, 52, operating a motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense; failure to notify address change to Department of Transportation; careless driving; failure of owner to maintain required insurance/security, first offense; failure to give right of way to vehicle passing opposite, continued to Aug. 25.

Bill W. Jump, 47, speeding 24 mph over limit, paid; no motorcycle operator’s license, proof of AQ permit.

Becky S. Garcia, 36, failure of owner to maintain required insurance/security, first offense, guilty, $500 fine plus three days serve, conditionally discharged to Kentucky Alternative Program for six months, pay court costs.

Nicholas T. Dermon, 18, failure to wear seat belt, guilty, $25 fine plus court costs; operating a motor vehicle under influence of alcohol/drugs with BAC 0.08, first offense, guilty, $100 fine plus suspend operator’s license for 30 days.

Randall P. Brasfield, 39, failure to produce insurance card, amend to no insurance, guilty, $500 fine, plus court costs, three days serve; operating on suspended/revoked operator’s license, guilty, 10 days serve; no operator’s/moped license, merge, bench warrant.

Donna M. Frazier, 23, failure to notify address change to Department of Transportation; operating vehicle with expired operator’s license, continued to Aug. 25.

David D. Bixler, 40, speeding 15 mph over limit, guilty, $30 fine plus court costs; reckless driving, guilty, $100 fine.

Philip W. Hacker Jr., 26, failure to register transfer of motor vehicle, guilty, $50 fine, plus court costs; improper lane usage/vehicles keep to right except to pass, guilty, $50 fine; no rear view mirror, guilty, $50 fine; obstructed vision and/or windshield, guilty, $50 fine.

Mackenzie J. Hay, 19, speeding 21 mph over (limited access), guilty, $42 fine plus court costs; failure to produce insurance card, amend to no insurance, guilty, $500 fine plus three days serve, bench warrant.

Gary W. Potts, 24, failure to or improper signal, guilty, $50 fine plus court costs; failure to wear seat belts, guilty, $25 fine.

Edgar R. Rose, 44, operating a motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to Aug. 25.

Charles H. Willhoit, 71, operating a motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, bench trial Aug. 25.

Paul R. Conforti, 27, speeding 26 mph over/greater; careless driving; no tail lamps; operating a motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to Sept. 8.

Miguel Rivera, 25, reckless driving; possess open alcohol beverage container in a motor vehicle; driving DUI suspended license, first offense; operating a motor vehicle under/influence of alcohol/drugs with BAC 0.08, second offense, bench trial Sept. 8.

Patricia Cecil, 49, show cause/installment payment, owes $718 continued to Sept. 8; reckless driving; operating a motor vehicle under/influence of alcohol/drugs with BAC 0.08, second offense, suspend operator’s license, pretrial, continued to Sept. 8.

Deetta McCormick, 49, motion hour, continued to Aug. 25.

Michael Robbins, 47, motion to withdraw, court notice to defendant, trial in absence, Aug. 25.

Keisha D. Smith, 20, show cause deferred/installment payment, owes $283, continued to Sept. 8.

Cleveland W. Riley, 31, failure to wear seat belts; improper registration plate; failure of owner to maintain required insurance/security, first offense, continued to Sept. 22.

Jason J. Johnson, 22, operating a motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, dismissed, (officer no show); careless driving, dismissed; failure to wear seat belts, dismissed.

Jeremy T. Hunt, 29, operating a motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense; failure to produce insurance card; failure to wear seat belts, bench trial Aug. 25.

Francisco J. Gomez, 25, no action. 

Jennifer R. Moore, 30, has active bench warrant, trial in absence for no insurance, now has proof, recall bench warrant.

Charlotte Ann Adams, 28, contempt for failure to pay fines and costs, continued to Aug. 25.

 

Indictments

Cecil A. Carter, 70, was indicted on count one and five for committing the crime of failure to maintain register of metals, punishable by fine of not more than $100 and/or be imprisoned in the county jail for no more than 30 days on each count in that he failed to obtain the information and keep the records required when he purchased stolen copper from Donald Courtney Jr.; on counts two, three, four and six he was indicted for committing the crime of failure to maintain register of metals, punishable by a fine of not more than $100 and/or be imprisoned in the county jail for no more than 30 days on each count, in that as a dealer in junk or metals, he failed to obtain the information and keep the records required when he purchased stolen copper from Phillip Brian Cain.

Phillip Brian Cain, 32, was indicted for receiving stolen property with a value over $500, a class D felony, punishable by imprisonment for not less than one year nor more than five years in the penitentiary and a fine of not less than $1,000 nor more than $10,000 in that he received, retained or disposed of movable property of another, namely copper from North American Stainless, with a value over $500, knowing it had been stolen.

Donald R. Courtney Jr., 37, was indicted on counts one and two for receiving stolen property with a value over $500, a class D felony, punishable by imprisonment for not less than one year nor more than five years in the penitentiary on each count and a fine of not less than $1,000 nor more than $10,000 on each count, in that he received, retained or disposed of movable property of another, namely copper from North American Stainless, with a value over $500, knowing it had been stolen; on count three he was indicted for becoming a first-degree persistent felony offender, punishable by imprisonment of not less than 10 years nor more than 20 years in the penitentiary on the offense set forth above, in that he is more than 21 years of age and stands convicted of a felony after having been convicted of two or more felonies, including but not limited to: 1) final judgment of the Carroll Circuit Court on or about July 9, 2001 for first-degree trafficking in a controlled substance, for which he was sentenced to five years imprisonment; and 2) by final judgment of the Carroll Circuit Court, on or about July 1, 2003, for first-degree promoting contraband, for which he was sentenced to a term of imprisonment of one year. 

Fred Edwin Thornton Jr., 39, was indicted for committing the crime of knowingly exploiting an adult resulting in a financial loss of $300 or more, a class C felony, punishable by imprisonment for not less than five years nor more than 10 years in the penitentiary and a fine of not less than $1,000 nor more than $10,000, in that he knowingly exploited an adult resulting in a financial loss of more than $300.

David B. Stafford, 45, was indicted for operating a motor vehicle under the influence, fourth or subsequent offense within a five year period, a class D felony, punishable by imprisonment for not less than one year nor more than five years (mandatory 240 days) in the penitentiary and a fine of not less than $1,000 nor more than $10,000, revocation of license/license plates for 60 months, service fee and treatment program, in that he was operating a motor vehicle under the influence of alcohol and or drugs or a combination of substances which impairs one’s driving ability, fourth or subsequent offense within a five year period.

 

Stacie J. Cox, 29, was indicted on count one for manufacturing Methamphetamine, first offense, a class B felony, punishable buy imprisonment for not less than 10 years nor more than 20 years in the penitentiary and a fine of not less than $1,000 nor more than $10,000, in that she knowingly and unlawfully manufactured Methamphetamine, or with the intent to manufacture Methamphetamine, she possessed two or more chemicals or two or more items of equipment for the manufacture of Methamphetamine, first offense; on count two the defendant was indicted for committing the crime of first-degree possession of a controlled substance, a class D felony, punishable by imprisonment for not less than one year nor more than three years in the penitentiary and a fine of not less than $1,000 nor more than $10,000 in that she knowingly and unlawfully possessed a controlled substance, namely Methamphetamine, first offense; on count three the defendant was indicted for possession of drug paraphernalia, buy/possess, a class A misdemeanor, punishable by imprisonment for not more than 12 months in the county jail and/or a fine of not more than $500, in that she possessed drug paraphernalia;  on count four the defendant was indicted for becoming a second-degree persistent felony offender, punishable by imprisonment for not less than 20 years nor more than 50 years in the penitentiary on the offense set forth above, in that she is more than 21 years of age and stands convicted of a felony after having been convicted of a prior felony, namely by final judgment of the Carroll Circuit Court on or about Feb. 22, 2005, for tampering with physical evidence for which she was sentenced to three and a half years imprisonment, that the defendant was sentenced to a term of imprisonment of one year or more, that she was over the age of 18 at the time the offense was committed and she completed service of the sentence imposed on the previous felony conviction within five years prior to the date of the commission of the felony for which she now stands convicted.

 

Patrick D. Harmon Jr., 29, was indicted on count one for first-degree wanton endangerment, a class D felony, punishable by imprisonment for not less than one year nor more than five years in the penitentiary and a fine of not less than $1,000 nor more than $10,000 in that under circumstances manifesting extreme indifference to the value of human life, he wantonly engaged in conduct which created a substantial danger of death or serious physical injury to Christian Mitchell; on count two he was indicted for fourth-degree assault, a class A misdemeanor, punishable by  imprisonment for not more than 12 months and/or a fine of not more than $500, in that he intentionally or wantonly caused physical injury to Christian Mitchell; on count three the defendant was indicted for becoming a first-degree persistent felony offender, punishable by imprisonment for not less than 10 years nor more than 20 years in the penitentiary on the offense set forth above, in that he is more than 21 years of age and stands convicted of a felony after having been convicted of two or more previous felonies, including but  not limited to: 1) by final judgment of the Fayette Circuit Court, entered on or about Dec. 29, 2003, for the offense of second-degree escape and was sentenced to one year enhanced as a second-degree persistent felony offender and was sentenced to five years imprisonment; 2) by final judgment of the Henry Circuit Court, entered on or about Sept. 24, 2002, for the offense of second-degree burglary for which he was sentenced to five years imprisonment; 3) by final judgment of the Jefferson Circuit Court, entered on or about Sept. 20, 2004, for receiving stolen property with a value over $300 and tampering with physical evidence enhanced as a second-degree persistent felony offender and was sentenced to10 years imprisonment; 4) by final judgment in the Carroll Circuit Court, entered on or about July 20, 1998 for the offense of second-degree assault  for which he was sentenced to five years imprisonment.

 

Justin S. Perry, 32, was indicted on count one for first-degree possession of a controlled substance, a class D felony punishable by imprisonment for not less than one year nor more than three years in the penitentiary and a fine of not less than $1,000 nor more than $10,000 in that he knowingly and unlawfully possessed a controlled substance, namely Methamphetamine, first offense, on count two, he was indicted for possession of drug paraphernalia, buy/possess, a class A misdemeanor, punishable by imprisonment for not more than 12 months in the county jail and/or a fine of not more than $500, in that he possessed drug paraphernalia; on count three he was indicted for committing the crime of failure of owner to maintain required insurance, first offense, punishable by a fine of not less than $500 nor more than $1,000 and have license plates suspended for one-year or until proof is furnished that security is then and will remain in effect and/or up to 90 days imprisonment, in that he was operating a motor vehicle without insurance.

 

Joseph Eric Burt, 32, was indicted on count one for second-degree criminal possession of a forged instrument, a class D felony, punishable by imprisonment for not less than one year nor more than five years in the penitentiary and a fine of not less than $1,000 nor more than $10,000 in that he uttered or possessed a check in the amount of $100 drawn on the account of Rhonda Burt with knowledge that said check was forged and with the intent to defraud, deceive or injure another; on count two he was indicted for second-degree criminal possession of a forged instrument, a class D felony, punishable by imprisonment for not less than one year nor more than five years in the penitentiary and a fine of not less than $1,000 nor more than $10,000 in that he uttered or possessed a check in the amount of $100 drawn on the account of Bonnie Herald with knowledge that said check was forged and with the intent to defraud, deceive or injure another; on count three he was indicted for second-degree criminal possession of a forged instrument, a class D felony, punishable by imprisonment for not less than one year nor more than five years in the penitentiary and a fine of not less than $1,000 nor more than $10,000 in that he uttered or possessed a check in the amount of $ 27.64 drawn on the account of Bonnie Herald with knowledge that said check was forged and with the intent to defraud, deceive or injure another; on count four he was indicted for second-degree criminal possession of a forged instrument, a class D felony, punishable by imprisonment for not less than one year nor more than five years in the penitentiary and a fine of not less than $1,000 nor more than $10,000 in that he uttered or possessed a check in the amount of $200 drawn on the account of Ricky Herald with knowledge that said check was forged and with the intent to defraud, deceive or injure another; on count five the defendant was indicted for becoming a first-degree persistent felony offender, punishable by imprisonment for not less than 10 years nor more than 20 years in the penitentiary on the offense set forth above, in that he is more than 21 years of age and stands convicted of a felony after having been convicted of two or more previous felonies, including but not limited to 1) by final judgment of Franklin Circuit Court on or about Feb. 24, 2009, for theft by unlawful taking/disposition for which he was sentenced to two years and six months imprisonment to run consecutive; 2) by final judgment of the Jessamine Circuit Court, for the offense of theft by unlawful taking/disposition enhanced as a first-degree persistent felony offender for which he was sentenced to 10 years imprisonment to run consecutive to Franklin Circuit Court case; 3) by final judgment of the Franklin Circuit Court, on or about Jan 9, 2003, for the offense of second-degree criminal possession of a forged instrument, enhanced as a second-degree persistent felony offender for which he was sentenced to five years imprisonment; 4) by final judgment of Franklin Circuit Court, entered on or about April 24, 2001,  for theft by unlawful taking enhanced as a second-degree persistent felony offender for which he was sentenced to six years imprisonment to run consecutive to any backup sentence and 5) by final judgment of Franklin Circuit Court, entered on or about Aug. 11, 2000, for second-degree criminal possession of a forged instrument for which he was sentenced to one year imprisonment.

 

Charlotte A. Adams, 27, was indicted on count one and two for first-degree trafficking in a controlled substance, a class C felony, punishable by imprisonment for not less than five years nor more than 10 years in the penitentiary on each count  and a fine of not less than $1,000 nor more than $10,000 on each count in that she knowingly and unlawfully trafficked in a schedule II narcotic drug, namely Oxycodone.