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Carroll County District Court Public Records: Week of Oct. 12, 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 in Carroll County District Court on Wednesday Oct. 5 with the Hon. Elizabeth Chandler officiating and Thursday, Oct. 6, 2011 with the Hon. Thomas Funk officiating.

CIVIL

Carroll County Memorial Hospital vs. Jodie L. Moore, notice to dismiss for lack of prosecution, dismissed.

Falisha Ellis, notice to dismiss for lack of prosecution, dismissed.

Donna Spurr vs. Jeff Davis, continued to Oct. 12.

Craig Hardware and Construction Inc. vs. Jason Oliver, notice to dismiss for lack of prosecution, dismissed.

Bonnie Pate vs. John D. Pate, 30 days serve, credit time served.

DOMESTIC

Jessica Lee Lainez vs. Jose Roberto Valtierra-Hernandez, domestic violence, dismissed per plaintiff.

Tina Irene Long vs. Robert William Burke to renew domestic violence order, continued to March 2012.

Angie Renee Puckett vs. Gregory Forest Elrod, domestic violence, plaintiff failed to appear, dismissed without prejudice.

FELONY

Kim A. Myrick, 43, flagrant non-support, continued to Dec. 14.

Thomas L. Badger Jr., 35, flagrant non-support, continued to Nov. 12.

Randy Halstead, 27, flagrant non-support, bench warrant, $6,000 cash, bond forfeit hearing Nov. 12.

Terry J. Wright, 31, bench warrant served for non-support, preliminary hearing Oct. 12.

Ronald Robertson, 31, flagrant non-support, continued to Nov. 12.

Charles H. Sparks, 21, complicity theft by unlawful taking, auto, amend to theft under, misdemeanor, guilty, 365 days, serve 21 days, conditionally discharged balance, credit time served.

Susan M. Staley, 45, speeding 26 mph or over (limited access); two counts of first-degree wanton endangerment; first-degree fleeing or evading police; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense; reckless driving; failure to wear seat belts; failure to use child restraint device in vehicle; improper equipment; improper lane usage/vehicle keep to right except to pass; endangering the welfare of a minor; failure of owner to maintain required insurance/security, first offense; obstructed vision and or windshield; failure to give right of way to emergency vehicle; driving too slow for traffic conditions; failure to or improper signal, preliminary hearing Oct. 13.

John David Pate, 32, flagrant non-support, preliminary hearing Oct. 12.

Robert C. Garret, 35, first-degree possession of a controlled substance, Heroin, first offense; drug paraphernalia, buy/possess, continued to Nov. 3.

Tonya Torres, 36, first-degree criminal mischief; third-degree unlawful transaction with a minor, bench warrant, $5,000 cash.

Sharon M. O’Banion, 32, controlled substance prescription not in original container, first offense; drug paraphernalia, buy/possess; first-degree possession of a controlled substance, Heroin, first offense; tampering with physical evidence, probable cause established, transfer to Grand Jury, Nov. 7.

Stacie J. Cox, 30, probation violation, for technical violation, remand and dismiss.

Alan Ray Northum, 59, fugitive from another state, warrant required, dismissed.

Daniel Shuck, 37, first-degree promoting contraband, probable cause established, transfer to Grand Jury, Nov. 7.

MISDEMEANOR

Bambi Stephens, no age given, third-degree unlawful transaction with a minor, continued to Nov. 2.

Jose R. Hernandez-Valtierra, 27, alcohol intoxication in a public place, first and second offense; fourth-degree assault, domestic violence with no visible injury, bonded out.

Stacie J. Cox, 30, second-degree promoting contraband, guilty, 30 days, conditionally discharged for two years if no further offense and no problems at jail.

Ashley N. Rensel, no age given, second-degree promoting contraband, guilty, 30 days, conditionally discharged for two years if no further offenses and no problems at jail.

Heather M. Daulton, 31, second-degree promoting contraband, guilty, 30 days, conditionally discharged for two years if no further offense and no problems at jail.

Tabitha L. Wilson, 39, second-degree promoting contraband, guilty, 30 days, conditionally discharged for two years if no further offense and no problems at jail.

Cheree Ann Snider, 33, motion to expunge continued from Aug. 24, denied.

Penny Lynn Brown, 34, review, show cause Dec. 15.

Brandon J. Walker, 20, arraignment, apply fines.

Emily C. Wolfenbarger, 20, alcohol intoxication in a public place, first and second offense, court notice to defendant, continued to Nov. 3.

Jeannie M. Chamberlin, 40, theft by unlawful taking, shoplifting, guilty, 30 days conditionally discharged, 80 hours public service works, get GED, to make restitution, not to go into Wal-Mart, pay court costs.

Montana Austin, 20, public intoxication of a controlled substance (excludes alcohol), continued to Nov. 3.

Charles Sparks, 21, public intoxication of a controlled substance, (excludes alcohol), guilty, 90 days, conditionally discharged, to assess at Kentucky Alternative Program, pay court costs,

Laci  B. Marsh, 21, speeding 16 mph over limit; operating motor vehicle under influence of alcohol/drugs with BAC 0.08, first offense; possession of marijuana; reckless driving; continued to Nov. 13.

Eric New, no age given, second-degree promoting contraband, guilty, 30 days serve, conditionally discharged.

Angela Banta, 22, diversion completion, paid court costs in full; possession of marijuana, drug paraphernalia, buy/possess; failure to notify address change to Department of Transportation, continued to Jan. 12, 2012.

Jay Gibson, no age  given, failure to comply with order to remove health nuisances, guilty, $250 fine plus court costs.

Arin T. Williams, 19, alcohol intoxication in a public place, first and second offense, continued to Nov. 3.

Manuel De Jesus Cruz-Rizo, 28, fourth-degree assault, domestic violence with no visible injury, guilty, 10 days serve, pay court costs, bench warrant.

Ramiro A. Guzman, 35, alcohol intoxication in a public place, first and second offense, guilty, $25 fine plus court costs.

Angel Renee Rabago, 18, two diversion completions, paid in full, set aside, dismiss.

Amy Martin, 36, theft by unlawful taking/shoplifting, jury trial, Dec. 9.

Dustin S. Collins, 37, operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, merge (problem with blood test); failure to produce insurance card, proof shown; careless driving, guilty, $200 fine plus court costs; criminal littering, merge.

Drake A. Meyer, 20, third-degree terroristic threatening, bench warrant, $500.

Troy L. Horner, 47, three counts of receiving stolen property under $500, bench trial Nov. 17.

Jerry R. Anderson Jr., 39, failure to produce insurance card; no/expired Kentucky registration receipt; failure to register transfer of motor vehicle, continued to Nov. 3.

Jennifer Warren, 33, fourth-degree assault, domestic violence with no visible injury; second-degree disorderly conduct, dismissed.

Rebecca Smith, 39, theft by unlawful taking/shoplifting, continued to Nov. 3.

Rene C. Rabago, 37, alcohol intoxication in a public place, first and second offense, dismissed, second-degree fleeing or evading police (on foot), dismissed; fourth-degree assault with minor injury, in court diversion, to make restitution.

Thomas Clay Starks, 27, theft by unlawful taking, bench trial Nov. 3.

Joshua Ferrell, 29, drug paraphernalia, buy/possess, guilty, $250 fine; fourth-degree assault, domestic violence with minor injury, guilty, 90 days serve 10, credit time served, conditionally discharged balance, Kentucky Alternative Program to assess, pay court costs, to have no unlawful contact.

PROBATE

Kevin Dwayne Flowers, probate hearing, administrator approved.

William W. Bucy, probate hearing, public administrator approved.

Devin Dewayne Taylor, waive inventory, remand.

TRAFFIC

Justin Blankenship, 23, operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, second offense; no operator’s/moped license; driving on DUI suspended operator’s license, first offense, continued to Oct. 13.

David D. Wright, 42, failure to or improper signal; careless driving; failure of owner to maintain required insurance/security, first offense; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, second offense, pretrial suspension of operator’s license, continued to Nov. 3.

David Wentworth, 30, was given a year to get a job and pay restitution, bench warrant, $1,200.

Martin Howard Sr., 42, license to be in possession, trial in absence, Nov. 3.

Lauren Hayden, 20, bench warrant served for non compliant with Kentucky Alternative Program, continued to Nov. 3.

Gary L. Bond, 55, no/expired registration plates; no/expired Kentucky registration receipt, continued to Nov. 3.

Samba Torry, 53, operating vehicle with expired operator’s license, guilty, $50 fine plus court costs.

Carl A. Dellaquilla, 27, operating on suspended/revoked operator’s license; failure of non-owner to maintain required insurance, first offense, continued to Nov. 3.

Jason A. Gale, 34, review, leave bench warrant outstanding.

Stephen A. Pollitt, 24, no/expired Kentucky registration receipt, proof of registration, dismissed.

Kristie Janelle Biddle, 24, failure to produce insurance card, continued to Nov. 3.

Anita R. Hendren, 18, obstructed vision and/or windshield, continued to Nov. 3.; instructional permit violation, amend to no operator’s license in possession, guilty, $50 fine plus court costs; failure of owner to maintain required insurance, first offense, proof shown.

Larry A. Young, 39, failure of owner to maintain required insurance/security, first offense; operating on suspended/revoked operator’s license, continued to Nov. 3.

Wilfredo Aponte, 26, operating on suspended/revoked operator’s license, continued to Dec. 15.

Chandra D. Hoopergarner, 36, no/expired registration plates, proof shown; no/expired Kentucky registration receipt, proof shown; 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.

Broken F. Marchburn, 26, failure to produce insurance card, proof shown; improper registration plate, proof shown; no/expired registration plates, proof shown.

Jacqueline S. Vititoe, 31, failure to wear seat belts, paid; failure of owner to maintain required insurance/security, proof shown.

Kimberly S. Puckett, 36, speeding 15 mph over limit; failure to wear seat belts; failure of non-owner operator to maintain required insurance, first offense, trial in absence Nov. 3.

Bobby Wayne Westrick, 34, operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense; careless driving, continued to Nov. 10.

Gary M. Warren, 63, driving DUI suspended license, first offense, guilty, 10 days serve plus pay court costs; failure of owner to maintain required insurance/security, second offense, guilty, $500 fine plus 10 days serve, to run concurrent; improper registration plate, guilty, $100 fine, bench warrant.

John D. Marlin, 41, no operator’s/moped license, guilty, 10 days plus court costs; failure of owner to maintain required insurance, first offense, $500 fine, bench warrant.

Jackie M. Wheeler, 48, failure to wear seat belts, guilty, $25 fine plus court costs; failure to produce insurance card, amend to no insurance, guilty, $500 fine plus three days serve; no/expired registration plates, guilty, $50 fine, bench warrant.

Joshua Leighty, 27, failure of owner to maintain required insurance/security, first offense, guilty, $500 fine plus three days serve, court costs; improper registration plate, guilty, $50 fine; failure to register transfer of motor vehicle, guilty, $50 fine; no/expired state registration receipt, guilty, $50 fine, bench warrant.

Neivln Castanova, 23, failure to wear seat belts, guilty, $25 fine; no operator’s/moped license, guilty, 10 days plus pay court costs, bench warrant.

Charles H. Willhoite, 71, operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, submit Nov. 3, (on motion to suppress).

Roger D. Lewis, 52, operating 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; failure to give right of way to vehicle passing opposite, continued to Nov. 3.

Brian Parker, 24, speeding 18 mph over limit, amend to improper equipment, guilty, $50 fine plus court costs; operating vehicle with expired operator’s license, merge.

Jax L. Ly, 32, failure to produce insurance card, proof shown; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, second offense, guilty, seven days serve, credit time served, $350 fine plus $375 fee to Alcohol and Drug Education classes, pay court costs, suspend operator’s license 12 months, to make restitution, release bond.

David J. Wyrabkiewicz, 58, continued to Nov. 3.

Charles Alan Lock, no age given, speeding 13 mph over limit; failure to produce insurance card; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense,, continued to Nov. 3.

Walter V. Taylor, 40, failure to wear seat belts; driving on DUI suspended license, first offense, continued to Dec. 15.

Thomas Clay Starks, 27, unauthorized use of motor vehicle, first offense, bench trial Nov. 3.

Jennifer Raybourn, 19, show cause/deferred payment, pay all by Nov. 3 or 30 days serve.

David J. Thomas, 40, speeding 17 mph over limit, to Department of Transportation.

Loyda L. Lykins, 43, proof of address change in file, set aside, dismiss.

Indictments

Adrian C. Smith, 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 he knowingly and unlawfully possessed a controlled substance, namely Heroin, a schedule I narcotic drug, first offense; on count two 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, (mandatory four 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, a service fee in that he was operating a motor vehicle while under the influence, which impairs one’s driving ability, first offense within a five year period; on count three he was indicted for committing the crime of 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 possessed drug paraphernalia; on count four Smith was indicted for committing the crime of operating a motor vehicle while his license was suspended, a class B misdemeanor, punishable by imprisonment in the county jail for not more than 90 days, and/or a fine of not more than $250, in that he was operating a motor vehicle while his driver’s license was suspended.

Phillip M. Snyder, 30, was indicted on count one for committing the crime of first-degree burglary, a class B felony, punishable by 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 with the intent to commit a crime, he knowingly entered or remained unlawfully in the dwelling of Sharon Bemis, and when effecting entry, or while in said dwelling, or in the immediate flight there from, he or another participant, was armed with a deadly weapon; on count two he was indicted for receiving stolen property (firearm), 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 a Ruger 357 revolver, knowing it had been stolen.

Victor Munos Acosta, no age given, was indicted on count one for second-degree rape, 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 and shall be sentenced to a period of conditional discharge for a period of five years following release from incarceration upon expiration of sentence, in that being 18 years old or more, he engaged in sexual intercourse with Jane Doe, a person who is incapable of consent because she is less than 14 years old, or through the use of forcible compulsion, on count two he was indicted for first-degree sexual abuse, a class D felony, punishable by imprisonment for not less than one year nor more than five years in the penitentiary, a fine of not less than $1,000 nor more than $10,000 and be sentenced to a period of conditional discharge for five years following release from incarceration upon expiration of sentence or completion of parole, in that he had sexual contact with Jane Doe through the use of forcible compulsion.

Final Judgments

Aaron L. Anderson, 22, pleaded guilty to theft by unlawful taking or disposition of property, firearm, a class D felony, and was sentenced to five years imprisonment and fined $1,000, the defendant was placed on probation under the supervision of the Division of Probation and Parole of the State of Kentucky for five years effective Oct. 3, 2011, he is to serve 180 days and is credited with time spent in custody, any cash/property bond posted may be released at this time.

Tommy J. Gore, 51, pleaded guilty to first-degree promoting contraband, a class D felony and was sentenced to two years imprisonment and fined $1,000 and court costs, with said sentence to run consecutive to the sentence received in the Gallatin Circuit Court, the defendant was placed on non-reporting probation for a period of five years effective Oct. 3, 2011, any cash/property bond posted may be released at this time.

Patrick D. Harmon Jr., 29, pleaded guilty to second-degree wanton endangerment, a class A misdemeanor, and was sentenced to 12 months imprisonment and fined $500; on count two he pleaded guilty to fourth-degree assault, a class A misdemeanor, and was sentenced to 12 months imprisonment and fined $500, with said sentence to run concurrent to each other for effectively one 12 month sentence and a fine of $500 and court costs, the defendant will serve 120 days with credit for time served, the court hereby suspends the court costs and public advocacy fee, the balance of defendant’s sentence and a fine of $500 is hereby conditionally discharged for a period of two years, the defendant is responsible for the payment of all of the victim’s medical bills not covered by insurance, to date the victim’s medical bills total $10,905.13, and will continue to incur additional expenses.