Carroll County District Court Public Records: Week of July 18, 2012

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, July 11-12, 2012, in Carroll County District Court, with the Hon. Thomas M. Funk officiating.

CIVIL

Northern Kentucky Educators Federal Credit Union vs. Mike Ashcraft, notice to  dismiss for lack of prosecution, dismissed.

Louise Collins vs. Freddie Black, notice to dismiss for lack of prosecution, keep open.

Regina Robertson vs. Christopher Keller, review continued to Sept. 19.

Dorothy Robbins vs. Robert Jacobs, notice to dismiss for lack of prosecution, dismissed.

Carroll County Memorial Hospital vs. Lena N. Gaddis, notice to dismiss for lack of prosecution, dismissed.

Norton Healthcare Inc. vs. Pamilla Brewer, notice to dismiss for lack of prosecution, dismissed.

Capital One Bank (USA) vs. Norman S. Smith, notice to dismiss for lack of prosecution, dismissed.

Commonwealth of Ky. vs. Raymond Couch, notice to dismiss for lack of prosecution, dismissed.

Carroll County Memorial Hospital vs. Ronald Allen, notice to dismiss for lack of prosecution, dismissed.

Ricky Payton vs. Kellie Payton, notice to dismiss for lack of prosecution, dismissed.

Andy Mefford vs. Terra Scruggs, notice to dismiss for lack of prosecution, keep open.

Randall Hensley vs. Donnie Dial, eviction granted, seven days to vacate.

HPP, dba Oakview Estate vs. Brian Bitzel, et al, eviction granted, seven days to vacate.

Commonwealth of Ky., ex rel, Rhonda Riley vs. Amanda Frazier, review, remand, recall bench warrant.

DOMESTIC

Christina Andrea Mitchell vs. Patrick D. Harmon, to renew Domestic Violence Order, court notice sent to respondent, order signed.

April D. Collins vs. Travis W. Payton, settlement hearing, violation of Domestic Violence Order, order, respondent in contempt, 90 days conditionally discharged (follow order).

Mayrak Manjarrez-Moreno vs. Jahir Medina-Mendoza, respondent has fourth-degree assault case set for July 26, this case continued to July 12.

FELONY

Tonya Smith, 40, flagrant non-support, review continued to Sept. 19.

Kody Smith, 21, second-degree complicity assault, continued to July 12, jail.

David W. L. McCormick, 41, flagrant non-support, continued to July 18.

Blake Marksberry, 30, second-degree assault, continued to July 19.

Ashton N. Dermon, 26, fugitive from another state, warrant required, waived extradition to Ind.

Allen G. Boyd, 44, flagrant non-support, continued to July 12.

Jamie Brooks, 49, flagrant non-support, continued to Oct. 18.

Amanda Kelly, 25, first-degree possession of a controlled substance, drug unspecified, first offense, amend to second-degree, misdemeanor, guilty, Administrative Order of the Court diversion six months, to assessment and treatment, pay court costs; possession of a controlled substance, merge; licenses to be in possession, proof shown.

David Hale, 56, first-degree promoting contraband, merge; third-degree possession of a controlled substance, drug unspecified, guilty, 30 days serve, conditionally discharged to Kentucky Alternative Program for assessment and monitoring, pay court costs and $200 fine.

William A. Neal, 21, third-degree burglary, amend to criminal trespassing, guilty, 90 days, serve 10, credit time served, pay court costs; three counts of theft by unlawful taking, amend to criminal trespassing, guilty, 90 days, serve 10 on each count, credit time served on each count, time to run concurrent.

Kody Smith, 19, second-degree complicity assault, house arrest except for work, Circuit Court conditions, continued to July 26.

Blake Marksberry, 30, second-degree assault, house arrest except for work, Circuit Court conditions, continued to July 26.

Allen G. Boyd, 44, flagrant non-support, continued to July 26.

Rebecca Carter, 37, first-degree possession of a controlled substance, first offense, Methamphetamine, continued to July 19.

Leonard J. Andrew, 46, first-degree assault; first-degree wanton endangerment, to have no contact with victim, Circuit Court conditions apply, continued to July 26.

MISDEMEANOR

Douglas J. Allen, 25, review, continued to Aug. 22.

Shaina Fornash, 25, contempt for failure to pay fines and comply with CHFS, owes $403, has bonded out on this case with today as court date, show cause Sept. 20.

Drake A. Meyer, 21, warrant executed for failure to appear, twice, guilty, 20 days serve, credit 20 days, pay court costs.

Leonard J. Andrew, 46, second-degree fleeing or evading police (on foot); resisting arrest; second-degree disorderly conduct, continued to July 12.

Rodney Marshall, 27, fourth-degree assault with minor injury, continued to July 26, to have no contact with wife.

Romero Norris, no age given, drug paraphernalia, buy/possess; possession of marijuana, continued to July 12.

Savannah M. Atkins, no age given, diversion completion, continued to July 26.

Mary N. Newton, 42, fourth-degree domestic violence with minor injury, dismissed without prejudice.

Jeremy W. Meadows, 24, possession of marijuana, guilty, $200 fine plus 30 days serve, conditionally discharged to Kentucky Alternative Program; drug paraphernalia, buy/possess, guilty, $250 fine.

Barbara Simpkins, 46, drug paraphernalia, buy/possess, guilty, $250 fine plus pay court costs.

Tim Davis, 42, theft by deception including cold checks, guilty, to pay restitution, fees and costs.

Joshua A. Boots, 36, fourth-degree assault, child abuse, continued to July 26.

Matthew L. Shelton, 23, theft by unlawful taking, continued to July 26.

Howard Ray Wentworth, 46, review, bench warrant, pay $125.

Blake Marksberry, 30, second-degree hindering prosecution or apprehension; fourth-degree assault with no visible injury, continued to July 26.

William A. Neal, 21, possession of a controlled substance, guilty, 30 days serve, conditionally discharged to Kentucky Alternative Program for assessment and treatment, $200 fine.

Frank D. Fisher, 48, no operator’s/moped license, guilty, seven days serve, pay court costs, bench warrant.

Kevin L. Downs, 48, nothing was done on June 14, dismissed.

Nathan Scott Hagen, 31, drug paraphernalia, buy/possess; possession of marijuana, continued to July 26.

Emily P. See, 27, possession of marijuana; drug paraphernalia, buy/possess, continued to July 26.

Baron J. Tingle, 26, possession of marijuana; drug paraphernalia, buy/possess, continued to July 26.

Larry Davis, 53, no operator’s/moped license; possession of marijuana, continued to July 26.

Jason Snell, 33, fourth-degree assault, domestic violence with minor injury, guilty, 90 days serve, conditionally discharged to Kentucky Alternative Program for assessment and treatment; resisting arrest, merge, pay court costs.

Roy Armstrong, 53, alcohol intoxication in a public place, first and second offense, merge; fourth-degree assault, domestic violence with minor injury, guilty, 30 days conditionally discharged to have no further offenses, pay court costs; failure to notify address change to Department of Transportation, merge.

Benjamin Lacey, 23, possession of marijuana; drug paraphernalia, buy/possess; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense; failure of owner to maintain required insurance/security, first offense; failure to notify address change to Department of Transportation, continued to Aug. 9.

Travis B. Yenchochic, 29, public intoxication of a controlled substance, excludes alcohol; third-degree possession of a controlled substance, drug unspecified, continued to July 26.

Ryan A. Daniel, 28, drinking alcoholic beverage in a public place, first and second offense; public intoxication of a controlled substance, excludes alcohol, continued to July 26.

Jennifer Lee Browning, 54, disregarding traffic control device, traffic light; theft by unlawful taking, shoplifting; controlled substance prescription not in original container, first offense, continued to July 26.

Jeffrey Tharp, 31, theft by unlawful taking, shoplifting, continued to July 26.

Kelvin R. Smith, Jr., 22, two counts of second-degree hindering prosecution or apprehension; third-degree unlawful transaction with a minor; failure to notify address change to Department of Transportation, continued to July 26.

Kody R. Smith, 19, two counts of second-degree hindering prosecution or apprehension; third-degree unlawful transaction with a minor; failure to notify address change to Department of Transportation, continued to July 26.

Montana Austin, 20, person 18-20 possessing, purchasing, have another purchase alcohol, merge; alcohol intoxication in a public place, first and second offense; resisting arrest, guilty, 365 days, serve seven, credit two days served, conditionally discharged 358 days, pay court costs.

J.K. Keel, 59, third-degree terroristic threatening, bench trial Aug. 22.

Dennis Williams, 55, second-degree cruelty to animals, bench trial Aug. 22.

Leonard J. Andrew, 46, second-degree fleeing or evading police (on foot); resisting arrest; second-degree disorderly conduct, continued to July 26.

Romero Norris, no age given, drug paraphernalia, buy/possess; possession of marijuana, continued to July 26.

Thomas C. Starks, 28, fourth-degree assault with no visible injury, continued to July 26.

James D. Harmon, 38, three counts of harassment, no physical contact, continued to July 26.

Thomas C. Starks, 28, fourth-degree assault with no visible injury, continued to July 26.

PROBATE

Estate of Ernest Dunaway, settlement, class action lawsuit, continued one year.

Estate of Devin Dewayne Taylor, court notice, filed, continued to Aug. 8.

Estate of Willie B. Ricketts, inventory, filed.

Estate of Carl J. Beach, appointed administrator, order signed.

SMALL CLAIMS

Margie Tilley vs. Leslie Louden, under submission, order to follow.

Patricia Ann Cecil vs. Amy Joe Spicer, et al, submit.

TRAFFIC

Douglas Allen, 25, failure to notify address change to Department of Transportation, proof shown; no/expired registration plates, proof shown; no/expired Kentucky registration receipt, proof shown; improper display of registration plates, proof shown.

Shirley A. Gray, 62, speeding 13 mph over (limited access), to Department of Transportation.

Bryan K. Peters, 46, bench warrant executed for failure to pay fines, bonded out with court date of June 28, failed to appear, owes $473, bench warrant, pay or stay.

Daniel P. Crawford, 29, failure to wear seat belt; failure of owner to maintain required insurance/security, first offense, continued to Aug. 9; no/expired registration plates, proof shown; no/expired Kentucky registration receipt, proof shown.

Mark Wilson, 47, failure to wear seat belt; failure to produce insurance card; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, on June 28 filled out form but did not sign and left court, Public Defender was not appointed, continued to July 26.

Daniel M. Wright, 29, speeding 15 mph over (limited access), to Department of Transportation.

Gabriel Matzinger, 28, no/expired registration plates, proof shown; no/expired Kentucky registration receipt, proof shown; operating on suspended/revoked operator’s license, amend to no operator’s license in possession, guilty, $50 fine plus court costs; failure to surrender revoked operator’s license, merge.

Jakob C. Ferguson, 21, failure to wear seat belt; failure to produce insurance card, continued to July 25.

Crystal Dawn Hensley, 43, failure to wear seat belt, paid in full; failure to produce insurance card, proof shown.

Elisandro Guiterrez Aguilar, 22, speeding 14 mph over (limited access), reduce to 10 mph over, guilty, $20 fine, plus pay court costs; failure of owner to maintain required insurance/security, first offense, proof shown; failure to use child restraint device in vehicle, merge; no operator’s/moped license, dismissed.

Richard J. Boucher, 22, speeding 20 mph over (limited access); failure to wear seat belt; failure to produce insurance card; no/expired registration plates; no/expired Kentucky registration receipt, continued to July 26.

Jay C. Keith, 49, failure to wear seat belt; failure to produce insurance card, continued to Aug. 23.

Garrett S. Moreland, 18, speeding 18 mph over (limited access); failure of owner to maintain required insurance/security, first offense, to State Traffic School diversion, approved by County Attorney, review Nov. 8.

Inoner-Isabel Ventura, 24, no operator’s/moped license; failure of owner to maintain required insurance/security, first offense, continued to July 26.

Ivan Kholodnyy, 26, speeding 14 mph over (limited access); failure to produce insurance card, continued to July 26.

Joseph E. Shaw, 24, no operator’s/moped license, continued to July 26.

Cody J. Hunt, 21, failure to wear seat belt, guilty, $25 fine; disregarding stop sign, guilty, $20 fine plus court costs; failure to notify address change to Department of Transportation, proof shown, dismissed.

Harold J. Harmon, 64, failure to wear seat belt, guilty, $25 fine, paid in full; failure to produce insurance card, proof paid, dismissed; no/expired registration plates, proof paid, dismiss; no/expired Kentucky registration receipt, proof paid, dismiss.

Juan N. Olandis, 21, license to be in possession, guilty, $50 fine plus court costs; failure to produce insurance card, amend to no insurance, guilty, $500 fine plus three days serve, bench warrant.

Stephen R. Couch, 22, failure to register transfer of motor vehicle, guilty, $50 fine plus pay court costs.

Travis Bailey, 30, operating on suspended/revoked operator’s license, guilty, seven days serve, pay court costs; failure to wear seat belt, guilty, $25 fine, bench warrant.

Brett Rippey, 21, failure to wear seat belt; obstructed vision and/or windshield; operating on suspended/revoked operator’s license; failure of owner to maintain required insurance/security, first offense, continued to Aug. 9.

Katherine Watkins, 25, failure to wear seat belt, guilty, $25 fine plus pay court costs; no operator’s/moped license, guilty, seven days serve, bench warrant.

Colin Michael Watson, 23, speeding 15 mph over (limited access), guilty, $30 fine plus pay court costs; failure to wear seat belt, guilty, $25 fine; failure to produce insurance card, guilty, $500 fine plus three days serve, bench warrant.

Shawn M. Huesman, 40, operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense; leaving scene of accident/failure to render aid or assistance, continued to Aug. 9.

Rebecca A. Kinman, 43, operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense; possession of an open alcoholic beverage in a motor vehicle; careless driving, suppression hearing, July 26.

Daniel P. Calmo, 33, operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense; possession of an open alcoholic beverage container in a motor vehicle; careless driving; failure of owner to maintain required insurance/security, first offense; failure to wear seat belt; no operator’s/moped license, continued to July 26.

Larry E. Hawkins, 57, operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense; failure to produce insurance card; no/expired registration plates; no/expired Kentucky registration receipt; possess an open alcohol beverage container in a motor vehicle, continued to July 26.

Todd McIntyre, 42, failure to wear seat belt; operating on suspended/revoked operator’s license; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to July 26.

Maria Perez, 36, failure to wear seat belt, guilty, $25 fine; failure of owner to maintain required insurance/security, first offense, proof shown; license to be in possession, proof shown.

Daniel L. Bodin III, 26, speeding 26 mph or over (limited access); reckless driving; driving too fast for traffic conditions; improper passing, continued to July 26.

Oscar M. River, 28, careless driving; no operator’s/moped license; failure of owner to maintain required insurance, first offense; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to Aug. 9.

Kasey E. Adams, 36, speeding 15 mph over (limited access), continued to July 26.

Kelvin R. Smith, 22, speeding 25 mph over limit; failure to wear seat belt, continued to July 26.

Kody R. Smith, 19, improper equipment; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to July 26.

Paul Rosell, 31, no operator’s/moped license, amend to no operator’s license in possession, guilty, $50 fine plus pay court costs.

Brian K. Smith, 33, review, owes, continued to Dec. 13, pay or stay.

Dannon Perkins, 25, operating on suspended/revoked operator’s license, amend to no operator’s license in possession, guilty, $50 fine plus pay court costs; failure of owner to maintain required insurance/security, first offense; driving on DUI suspended license, first offense, merge.

Douglas Allen, 25, failure to wear seat belt; failure to notify address change to Department of Transportation; no/expired registration plates; no/expired Kentucky registration receipt; improper display of registration plates, continued to July 26.

Ashley Norton, 25, operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, second offense, pretrial operator’s license suspension, continued to July 26.

INDICTMENTS

Roxanne L. Arvin, 29, was indicted on count one for first-degree possession of a controlled substance, first offense, 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, first offense; on count two she was indicted for possession of drug paraphernalia, first offense 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 knowingly possessed drug paraphernalia; on count three she was indicted for the crime of flagrant non-support, a class D felony, punishable by imprisonment or 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 she persistently failed to provide support which she can reasonably provide and which she knows she has a duty to provide by virtue of a court order for her child(ren), and said failure has resulted in an arrearage in excess of $1,000.

Delbert W. Mertz, 32, was indicted on count one for first-degree possession of a controlled substance, first offense, 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, first offense; on count two he was indicted for possession of drug paraphernalia, first offense 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 knowingly possessed drug paraphernalia.

Kandi L. Mefford, 35, was indicted on count one for first-degree possession of a controlled substance, first offense, 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 heroin, a schedule I narcotic drug, first offense; on count two she was indicted for possession of drug paraphernalia, first offense 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 knowingly possessed drug paraphernalia; on count three she was indicted for committing the crime of theft by unlawful taking, with a value under $500, 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 unlawfully took or exercised control over movable property of another, namely merchandise from VF Factory Outlet with a value under $500 with the intent to deprive the owner thereof; on count four she was indicted for prescription drugs not in proper container, first offense, a class B misdemeanor; punishable by imprisonment for not more than 90 days and/or a fine of not more than $250, in that she possessed a controlled substance which was prescribed, sold or dispensed by a person authorized to do so but the substance was not in the container in which it was delivered to her by the person dispensing or selling same.

Dannon J. Perkins, 24, was indicted for first-degree possession of a controlled substance, second or subsequent offense, 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 schedule II narcotic drug, namely Oxycodone, second of subsequent offense.

Sean D. Rosell, 19, was indicted on count one for first-degree possession of a controlled substance, first offense, 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 heroin, a schedule I narcotic drug, first offense; on count two he was indicted for possession of drug paraphernalia, first offense 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 knowingly possessed drug paraphernalia; on count three he was indicted for committing the crime of operating a motor vehicle under the influence, first offense within a five year period, punishable by imprisonment for not less than 48 hours nor more than 30 days in the county jail and/or a fine of not less than $200 nor more than $500, revocation of license and license plates for a period of not less than 30 days nor more than 120 days, and a service fee, in that he was operating a motor vehicle while intoxicated, first offense within a five year period; on count four he was indicted for the crime of inadequate silencer (muffler), punishable by a fine of not less than $20 nor more than $100, in that he operated a vehicle without an adequate silencer (muffler).

David D. Fugate, 26, was indicted on count one for first-degree possession of a controlled substance, first offense, 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 heroin, a schedule I narcotic drug, first offense; on count two he was indicted for possession of drug paraphernalia, first offense 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 knowingly possessed drug paraphernalia.

Jamie L. Harris, 44, was indicted on count one for first-degree possession of a controlled substance, second or subsequent offense, 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 schedule II narcotic drug, namely Oxycodone, second of subsequent offense.

Bernard Kalep King, 29, was indicted on count one for first-degree possession of a controlled substance, second or subsequent offense, 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 schedule I narcotic drug, namely heroin, a schedule I narcotic drug, second of subsequent offense; on count two he was indicted for possession of drug paraphernalia, first offense 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 knowingly possessed drug paraphernalia.

Daniel G. Bray, 28, was indicted on count one for first-degree possession of a controlled substance, second or subsequent offense, 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 schedule I narcotic drug, namely heroin, second of subsequent offense; on count two he was indicted for possession of drug paraphernalia, first offense 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 knowingly possessed drug paraphernalia.

John G. Albert, 22, was indicted on count one for first-degree possession of a controlled substance, first offense, 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 Morphine, a schedule II narcotic drug, first offense; on count two he was indicted for second-degree possession of a controlled substance, first offense, a class A misdemeanor, punishable by imprisonment for not more than  12 months in the county jail and a fine of not more than $500 in that he knowingly and unlawfully possessed a controlled substance, namely Hydrocodone, a schedule II controlled substance; on count three he was indicted for third-degree possession of a controlled substance, first offense, a class A misdemeanor, punishable by imprisonment for not more than  12 months in the county jail and a fine of not more than $500 in that he knowingly and unlawfully possessed a controlled substance, namely Clonazepam, a schedule IV controlled substance; on count four he was indicted for illegal possession of a legend drug, a class B misdemeanor, punishable by imprisonment for not more than 90 days and/or a fine not more than $250, in that he knowingly and illegally possessed a legend drug, namely Cyclobenzaprine; on count five the defendant was indicted for the crime of trafficking in marijuana, less than eight ounces, first offense, a class A misdemeanor, punishable by imprisonment for not more than 12 months and/or a fine not more than $500 on each count, in that he knowingly and unlawfully trafficked in marijuana, less than eight ounces, first offense; on count six he was indicted for possession of marijuana, a class B misdemeanor, punishable by imprisonment for not more than 45 days in the county jail and/or a fine of not more than $250, in that he knowingly and unlawfully possessed marijuana; on count seven, he was indicted for possession of drug paraphernalia, first offense 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 knowingly possessed drug paraphernalia.

Ryan David Lewis, 23, was indicted on count one for first-degree possession of a controlled substance, first offense, 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 and unlawfully possessed a schedule II narcotic drug, namely Oxycodone, first offense; on count two the defendant was indicted for first-degree trafficking in a controlled substance, first offense, 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 knowingly and unlawfully trafficked in a schedule II narcotic drug, namely OxycodoneTravis W. Bush, 23, was indicted on count one for first-degree possession of a controlled substance, first offense, 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 schedule I narcotic drug, namely heroin, a schedule I narcotic drug; on count two he was indicted for possession of drug paraphernalia, first offense 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 knowingly possessed drug paraphernalia.