DISTRICT COURT, Dec. 22, 2010

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 DISTRICT COURT
The following decisions were rendered Wednesday, Dec. 22, 2010, in Carroll County District Court, with the Hon. Elizabeth Chandler presiding.
CIVIL
Patricia Green vs. Lisa Powell, motion hour, bench warrant $3,500.
Myra Gill vs. George W. Gill, motion to modify, order signed.
Cabinet for Health and Family Services vs. Ashley Cobb, to show cause, bench warrant, $6,000.
Cabinet for Health and Family Services vs. Rebecca Smith contempt, failure to pay, failure to appear, review, Feb. 2.
Tina Smith vs. David Ray Smith, review, pay $690.67 or report to jail at 4 p.m. Jan. 3. review.
Connie Mahoney vs. Kevin Bartram, motion hour, continued to Jan. 5.
Michelle Mefford Cox vs. Kirk Jeffrey Smiley, to show cause, continued to Jan. 5.
Christopher Martin, 21, theft by unlawful taking, shoplifting, pretrial Jan. 6.
DOMESTIC
Jill Sutherland vs. Christopher Scott, domestic violence, continued to Jan. 5.
FELONY
Monica Aebersole, 29, two counts of first-degree trafficking in a controlled substance, drug unspecified; two counts of second-degree trafficking in a controlled substance/drug unspecified, first offense; trafficking in marijuana, less than 8 ounces, first offense, probable cause established, transfer to Grand Jury.
Larry Denning, 53, flagrant non-support, remand.
Justin R. Skirvin, 21, receiving stolen property under $10,000, preliminary hearing Jan. 13.
Terry Ray Smith, 33, trafficking in a controlled substance, first, second or third offense; second-degree trafficking in a controlled substance/drug unspecified, first offense; trafficking in marijuana, less than eight ounces, first offense, probable cause established, transfer to Grand Jury.
MISDEMEANOR
Glenn A. Schooler, no age given, third-degree criminal mischief, pleaded not guilty, pretrial Jan. 6.
Monica Lynn Abersold, 29, second-degree disorderly conduct, continued to Jan. 6.
PROBATE
Harry S. Smith, probate hearing, administrator appointed.
Natasha O’Connor, settlement, final has been advertised, order signed.
Sevin Zyrin Johnson, motion hour, under submission, continued to Jan. 5.
Mckinzye Johnson, motion hour, under submission, continued to Jan 5.
Mya Ula-Jean Lou Johnson, motion hour, guardian appointed, continued to Jan. 5.
Harold Scott, probate hearing, administrator approved.
Taylor Gertrude Madisyn Culver, other hearing, name change.
TRAFFIC
Justin S. Clark, 19, bench warrant executed for failure to pay costs on diversion, $150 cash bond posted, paid in full, dismissed per Commonwealth.
Frank Rush, 28, operating on suspended/revoked operators license; failure of non-owner operator to maintain required insurance, first offense; improper registration plate; careless driving, continued first appearance, Jan. 6.
Brigg A. Wallace, 32, operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, second offense, guilty, $500 fine, $375 fee to Alcohol and Drug Education classes, 12 month suspension of operators license; failure of non-owner operator to maintain required insurance, first offense; reckless driving, merge; possess open alcohol beverage container in a motor vehicle, merge, continued to Jan. 6, show cause June 23.
Noe P. Ramirez, 22, speeding 12 miles per hour over limit; two counts of operating motor vehicle under/influence of alcohol/drugs with BAC 0.08; two counts of no operators/moped license; possess open alcohol beverage container in a motor vehicle; failure to produce insurance card; improper display of registration plates, pretrial Jan. 6.
Roberto Gomez, no age given, careless driving, merge; two counts of failure to wear a seat belt, merge; windshield, merge; no operators/moped license; 30 days serve, credit time served, conditionally discharged balance; failure of owner to maintain required insurance/security, continued first appearance Jan. 6; possess open alcoholic beverage container in a motor vehicle, merge; DUI, first offense, $200 fine plus $375 fee to Alcohol and Drug Education classes, 90 days suspended operators license, show cause June. 23.
Zavala Rigoberta Lopez, 36, arrested on this twice, owes $63 scheduled date Dec. 16; motion to suppress; restitution cases, continued to Jan. 13; unauthorized use of motor vehicle, first offense; no operators/moped license; failure to wear seat belts; operating motor vehicle under/influence of alcohol/drugs with BAC 0.08, first offense, continued to Jan. 6.
FINAL Judgments
James Brandon Hill, 31, pleaded guilty to count one second-degree criminal mischief, a class A misdemeanor and was sentenced to 12 months and a fine of $500; on count two he pleaded guilty to second-degree wanton endangerment, a class A misdemeanor and was sentenced to 12 months and a fine of $500; on count three he pleaded guilty to third-degree terroristic threatening, a class A misdemeanor and was sentenced to 12 months and a fine of $500, with said sentences to run concurrent to each other for effectively one twelve month sentence and a fine of $500 and court costs; the defendant will serve 110 days with credit for time served, he is to be released Dec. 10, 2010, at noon, the balance of the sentence and fine of $500 is hereby conditionally discharged for a period of two years subject to the courts conditions.

Douglas A. Embs, 32, pleaded guilty to count one first-degree possession of a controlled substance, first offense, a class D felony and was sentenced to three and a half years and a fine of $1,000; on count two he pleaded guilty to second-degree fleeing or evading police, a class A misdemeanor and was sentenced to 12 months and a fine of $500; on count three he pleaded guilty to resisting arrest, a class A misdemeanor and was sentenced to 12 months and a fine of $500, with said sentences to run concurrent to each other for effectively one three and a half year sentence and a fine of $1,000, the defendant was placed on probation under the supervision of the Division of Probation and Parole for a period of five years effective Dec. 6, 2010, and is subject to their conditions, he is to serve 180 days incarceration and is credited with time spent, namely 136 days as of Dec. 6, any cash/property bond posted may be released at this time.
Gregory Allen Carlton, 25, pleaded guilty on count one to second-degree assault, a class C felony and was sentenced to five years and a fine of $1,000, he was placed on probation under the supervision of the Division of Probation and Parole for a period of five years effective Dec. 6, 2010, and is subject to their conditions, he is to serve 120 days incarceration and is credited with time spent, namely 139 days as of Dec. 6, any cash/property bond posted may be released at this time.
INDICTMENT
Travis Wayne Doan, 35, was indicted on count one for first-degree trafficking in a controlled substance, second or subsequent offense, 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 he knowingly and unlawfully trafficked in a schedule II narcotic drug, namely Oxycodone, second or subsequent offense; on count two the defendant was indicted for committing the crime of third-degree trafficking in a controlled substance, second or subsequent 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 IV controlled substance, namely clonopin; on count three the defendant was indicted for becoming a second-degree persistent felony offender, punishable by imprisonment for not less than 20 years to 50 years on count one and five years to 10 years on count two, in the penitentiary, in that he is more than 21 years old and stands convicted of a felony after having been convicted of a prior felony, namely by final judgment of the Carroll Circuit Court for the offense of third-degree burglary for which he was sentenced to a term of one year or more, that he was over the age of 18 years at the time the offense was committed, and he completed service of the sentence imposed within five years prior to the date of the commission of the felony for which he now stands convicted, or he was discharged from probation, parole, conditional discharge, conditional release, furlough, appeal bond, or any other form of legal release from the previous felony conviction within five years prior to the date of commission of the felony for which he now stands convicted.