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Circuit Court Sentencing
I too look at our docket and sentencing and wonder what is going on? Why are repeat offenders given such lenient sentences. I decided to do some research and what I found helped make sense of it all. Due to the astounding amount of people we have in prisons and jails on drug offenses our facilities are maxed out. According to Dickman Law Offices, recently a new law in Kentucky made radical changes in drug cases, sentencing and parole eligibility. The primary purpose was to reduce Kentucky’s inmate population and prison costs, and to increase public safety.
To quote Atty. Paul Dickman, the bill will allow many drug offenders to enter treatment programs and community supervision rather than prison. This could reduce the prison costs, and with treatment for the addict, it reduces some of the repeat offending. Another major set of changes brought about by the bill is reduced penalties for many drug offenses. While penalties for trafficking large quantities of drugs remain the same for the most part, HB 463 reduces penalties for both possession offenses and trafficking lesser quantities of drugs. While I believed the judge (Preston) had become lenient, it is actual law on drug offenses that changed. Any further research can be found by looking at the HB 463 law. --Tane' Woods Mosley
Jessica Blevins, 34, Was present to be arraigned on charges of Complicity 1st Degree Possession of Cs/Cocaine, 1st offense (2 counts) Complicity to Use or Possess Drug Paraphernalia. Pretrial date set for 11-23-16. Defendant to remain on bond.
Christopher Borders, 44 Was arraigned on charges of Wanton Endangerment 1st Degree and Terroristic Threatening, 3rd Degree. Pretrial set for 11-23-16. Defendant to remain on bond.
Debra Earle, 59 Was present on charges of Complicity Trafficking in a Controlled Substance, 2nd Degree, 1st offense, Complicity 1st Degree Possession of CS/Drug Unspecified, 1st offense, Complicity Fraudulent Use of ID Card of Electronic Code for Benefits, Complicity Drug Paraphernalia. Hearing was set for Nov. 10, 2016.
Megan Evans, 32 Was present to show completion of a diversion. Order was granted.
Amanda Grim, 34 Was arraigned on POSSESSION OF A FIREARM BY A CONVICTED FELON, Pretrial set for 11-23-16. Defendant was also arraigned on THEFT BY UNLAWFUL TAKING, ALL OTHERS $5OO OR MORE BUT UNDER &10,000, AND PERSISTENT FELONY OFFENDER, 2ND DEGREE. Pretrial date set for 11-23-16. Defendant to remain on bond.
Christopher Hall, 30 Arraigned on charges of COMPLICITY MANUFACTURE METHAMPHETAMINE, 1ST OFFENSE, COMPLICITY CONTROLLED SUBSTANCE ENDANGERMENT TO CHILD, 4TH DEGREE (3 COUNTS), COMPLICITY POSSESSION OF A CONTROLLED SUBSTANCE, 1ST DEGREE, 1ST OFFENSE (METHAMPHETAMINE), POSSESSION OF DRUG PARAPHERNALIA AND PERSISTENT FELONY OFFENDER. Pretrial set for 11-23-16. Bond to remain the same at 20,000 Cash.
Lori Hall, 43 Was present for PROBATION VIOLATION for FELONY OFFENSE. Defendant sentenced to a graduated sanction and sentenced to 30 days.
Sandra Hatfield, 36 Was present for PROBATION VIOLATION FOR FELONY OFFENSE. Defendant’s Probation was revoked and defendant was remanded to the Dept. of Corrections.
Brittany Hicks, 28 Was present on PROBATION VIOLATION FOR FELONY OFFENSE. Defendant received a Graduated Sanction of 1 additional yr. On probation.
James Howard, 32 was present on a PROBATION VIOLATION FOR FELONY OFFENSE. Defendant’s probation was revoked and he was remanded to the Dept. of Corrections.
Sharon King, 52 was present on charge of COMPLICITY TAMPERING WITH PHYSICAL EVIDENCE. An order to dismiss was signed.
William King, 57 was sentenced on COMPLICITY TAMPERING WITH PHYSICAL EVIDENCE. Defendant was sentenced to 1 year to serve with a Diversion and 1 year of supervised probation.
Wayde Leedy, 21 Was sentenced on BURGLARY, 1ST DEGREE, charge was dismissed, on charge ASSAULT, 1ST DEGREE, charge was amended to a misdemeanor assault and was sentenced to 12 months and other conditions.
Robert Locklear, 44 Pled guilty on FLAGRANT NON SUPPORT, will be sentenced to 3 years Probated (unsupervised) over 5 years with other conditions. Final sentencing will be on 11-23-16, defendant to remain on bond.
Christopher Mullett, 38 was present on charges of COMPLICITY TRAFFICKING IN A CONTROLLED SUBSTANCE, 2ND DEGREE 1ST OFFENSE, COMPLICITY 1ST DEGREE POSSESSION OF CS/DRUG UNSPECIFIED, 1ST OFFENSE (2 COUNTS) COMPLICITY FRAUDULENT USE OF ID CARD OF ELECTRONIC CODE FOR BENEFITS, TAMPERING WITH PHYSICAL EVIDENCE, COMPLICITY TO POSSESS DRUG PARAPHERNALIA. A motion to suppress and revocation was filed on this case and reset for 11-10-16.
William Muncy, 42 was arraigned on 3 COUNTS OF BURGLARY, 3 RD DEGREE, (2 COUNTS) FRAUDULENT USE OF ID CARD OF ELECTRONIC CODE FOR BENEFITS, 1ST DEGREE POSSESSION OF CS/COCAINE, 1ST OFFENSE, OPERATING ON SUSPENDED/REVOKED OPERATORS LICENSE AND PERSISTENT FELONY OFFENDER. Pretrial date was set for 11-23-16, a Public Defender was appointed and bond to remain at 15,000.
Sammie Pack, 53 was arraigned on COMPLICITY FRAUDULENT USE OF ID CARD OF ELECTRONICS AND COMPLICITY FRAUDULENT USE OF ID CARD OF ELECTRONIC CODE FOR BENEFITS. Pretrial date set for 11-23-16.
Terri Sammons, 35 was sentenced on the charge of COMPLICITY RECEIVING STOLEN PROPERTY to 3 years Supervised Probation with a Pretrial Diversion and 180 days in jail. Jail time already served.
David Vance, 42 Pled guilty to the following charges: COMPLICITY CULTIVATION OF MARIJUANA, 5 OR MORE PLANTS (3 years supervised pretrial diversion over 5 years) 1ST DEGREE POSSESSION OF CS/DRUG UNSPECIFIED, 1ST OFFENSE (3 years supervised pretrial diversion over 5 years) TAMPERING WITH PHYSICAL EVIDENCE (Same as above) OPERATE MV UNDER THE INFLUENCE OF ALCOHOL OR DRUGS (12 months) CRIMINAL TRESPASSING 3 RD DEGREE (dismissed) Final Sentencing to be held on 11-23-16.
Michael Wilks, 40 pled guilty on the following charges: COMPLICITY CULTIVATION OF MARIJUANA, 5 PLANTS OR MORE (2 years) PERSISTENT FELONY OFFENDER (dismissed)
FLEEING OR EVADING POLICE, 2ND DEGREE ON FOOT (12 months) POSSESSION OF DRUG PARAPHERNALIA (12 months concurrent) CRIMINAL TRESPASSING 3RD DEGREE (dismissed)
Clarence Earle, 51 Was present on the following charges with a hearing set for next month on 11-10-16. COMPLICITY OF TRAFFICKING IN A CONTROLLED SUBSTANCE, 2ND DEGREE, 1ST OFFENSE DRUG UNSPECIFIED, COMPLICITY 1ST DEGREE POSSESSION OF CS/DRUG UNSPECIFIED (2 COUNTS) COMPLICITY FRAUDULENT USE OF ID CARD OF ELECTRONIC CODE FOR BENEFITS AND COMPLICITY DRUG PARAPHERNALIA (2 COUNTS)
ERIC TYLER WARD, 21 Was present for a status hearing on previous charges. A motion to set aside pretrial diversion and set for sentencing on 11-10-16.
PAINTSVILLE, Ky. -- The Kentucky State Police Post 9 in Pikeville is investigating an escape by two men from the Big Sandy Regional Detention Center. Early this morning two inmates escaped from the Big Sandy Regional Detention Center. It appears that the two men escaped in the early morning hours of Monday, November 1, 2016 through the ductwork within the detention center.
The initial investigation revealed that Justin Arnett, 25 and Melvin Garland, 31 were both from Salyersville. Arnett is described as a white male, 5'7" tall and 145 pounds with blond hair and blue eyes. Garland is described as a white male 6 foot tall and 175 pounds with blond hair and green eyes.
Anyone with information is that could help the investigation is encouraged to call their local law enforcement or KSP post 9.
Big Sandy Detention Center Administrator F.D. "Pete" Fitzpatrick issues press release on escaped prisoners:
Two inmates escaped from the Big Sandy Regional Detention Center yesterday 11-1-16, after assessing a service door in the ceiling of their cell and then proceeding to the roof and removing the ductwork from the air conditioning unit.
Based on video surveillance recording, inmates Melvin Scott Garland and Justin M Arnett escaped around 1:30 AM yesterday morning.
Melvin Scott Garland, 31 of Royalton Kentucky was being held on a bench warrant for failure to make restitution for Burglary 3rd from Magoffin County. Garland was sentenced 10-24-16 to 10 years in Morgan County Circuit Court for Burglary 3rd degree, Criminal Mischief 3rd, Persistent Felony Offender 1st and Theft by Unlawful Taking $500 or more but under $10,000. He also had a warrant for Receiving Stolen Property under $500 from Magoffin County, and a bench warrant for failure to pay as ordered on Possession of Marijuana from Morgan County.
Justin M Arnett, age 25 of Salyersville Kentucky was being held on an indictment warrant for Public Intoxication, Possession of a Controlled Substance 1st offense and promoting contraband 1st from Perry County, and an indictment warrant for Promoting Contraband 1st and Persistent Felony Offender II from Johnson County and a bench warrant for Alcohol Intoxication in a Public place 1st and 2nd offense from Magoffin Co.
The Big Sandy Regional Detention Center is currently on lockdown after the escape. Escape protocol procedures were implemented last night after the escape was verified by video surveillance. As of 9:12 AM this date the inmates have not been apprehended. Anyone with information as to their whereabouts is asked to notify the Kentucky State Police Post 9 or local law enforcement.
LOUISA, Ky. -- Republican Governor Matt Bevin visited our beloved Dee’s restaurant yesterday in Louisa, Oct. 27th along with state Rep. Jill York.
The governor began by telling a short bio of his life and the poor beginnings that he had personally overcome then moved on to answer questions from the small crowd of local politicians and concerned citizens that had gathered there.
He made it a point to let the people of Lawrence Co. in on some of the things he had in the works for our great state. Most of the questions were centered on our declining coal industry, and the lack of jobs plaguing our economy. He told of his trips to several countries in order to persuade company owner’s to take a chance on Kentucky.
The discussion quickly led to the reason many people in our state are unable to work, and sometimes the consequence of depression from losing their livelihood. The Drug Epidemic that also plaques our small community, state as well as the country. He was asked by Mayor Harold Slone about Medicaid paying for drug rehabilitation.
“I have fought for the use of Medicaid to pay for drug rehabilitation, the money being used keeps trickling down until we get to the core of the problem!,” Bevin said. One of the facts that he made very clear after being posed a question about funding for our roads (by the Levisa Lazer) was that the previous administration had broken our state. He did recently award a $250,000 grant to Louisa for our roads, but he said he just couldn't “draw blood from a rock”!
Bevin stated that during the three and a half years he has left, he has confidence to turn that around. Another question posed by the Levisa Lazer was being a man of faith, if he was for the legalization of medical marijuana, his reply, “Yes! But only in the medicinal form and no other."
The Republican Governor was well received by both parties in Louisa.
As I was leaving, I stopped to explain that I was a recovering addict that had lived in Lawrence Co. most all of my life. I wanted him to know that once you've made a mistake, retaining gainful employment was nearly impossible having had any kind of criminal record. He explained that he was heavily involved in passing a new law that allows the expungement of non violent felonies after paying your dues to society, and no other charges in a five year time. Music to my ears!
'TAKING IT TO THE LIMIT'
LOUISA, Ky. -- On 10-27-16 in Lawrence County district court Stacy D. Childers, 36 pled guilty and was convicted of a DUI charge, her second offense.
But you haven't heard the rest of the story.
When convicted on driving under the influence in Kentucky they take your drivers license immediately, Thus Mrs. Childers lost her license.
But on the very next day after her arrest State Trooper Bryan Layne and Constable Paul Wells responded to a 911 dispatch call at Wendy’s restaurant in Louisa, in reference to a disorderly female subject yelling and cursing at the people working the drive –thru window.
Upon arriving on the scene the officers observed Stacy Childers at the drive-thru window with the vehicle in park, but running. A male passenger, Clarence Childers appeared to be passed out in the passenger‘s seat while all of the commotion was going on.
According to a citation issued in this incident, Ms. Childers appeared to be extremely under the influence and was NOT aware of her surroundings.
“She was just sitting in the drive-thru line, holding all of the cars up and eating her salad,” a witness at the scene who asked to not be identified, said.
Both officers stood on the passenger side of the car long enough to observe her for several minutes and she still did not see them, or was basically so under the influence she was oblivious to what was going on, or that she was eating her food while still sitting in the drive-thru. The officers asked Ms. Childers to exit the car and she was unsteady on her feet, staggering while doing so. She failed all of the field sobriety tests, the citation stating that “the subject lost thought process and couldn't remember or follow instructions. She admitted to taking one half of a klonopin and a suboxone on this date which didn't appear to be truthful,” one of the Officers said.
Along with being arrested for a 3rd offense DUI with aggravating circumstances, she was also charged with Driving on a Suspended license, and no registration receipt. All of this one day after being in court the day before, and convicted of the second DUI.
Ms. Childers was arrested and transported to the Big Sandy Regional Detention Center with no bond. I would hate to think of how this could have turned out had someone not called 911 and reported this incident. She remains in the BSRDC.
CHAPMAN, KY. -- Just in time? When the bottom dropped out of the coal industry two years ago an oil and gas operation near Fallsburg drilling in the Berea Sandstone produced enough tax monies to make up for what was lost in coal severance taxes, County Judge/Exec. John Osborne said it was just in time.
"Horizontal drilling in the Berea Sandstone is a game changer," said Andrew V. McNeill, executive director of the Kentucky Oil and Gas Association at the time. "Kentucky's small, independent operators are leading the way in deploying these technologies to responsibly develop Kentucky's oil and gas resources."
Lawrence County was the number one oil producer in the Bluegrass State in 2014. Oil production value in Kentucky was $293,513,075 in 2014, an 8 percent increase over 2013.
Kentucky's total natural gas production value for 2014 was $426,288,724, up $32.5 million from the prior year, McNeill said.
Oil production in Kentucky is taxed like coal production, about 4.5 percent of the production value. Taxes from oil production in Lawrence County totaled $2.2 million, most of that going to the state, but some $600,000 went to the county government, according to Osborne.
"It has produced about 100 or more jobs in the East Fork, Brushy Fork and Fallsburg areas," Osborne said. "Revenue from oil production about balanced out losses from coal severance tax revenues," he said. But that has been two years ago and although there are still some wells producing in that area, the amount has gone down considerably.
Drilling in Lawrence County started about four years ago at a depth of 1,000 to 2,000 feet. Since then, there's been a significant increase in horizontal drilling and fracking. More than 530,000 barrels of oil were produced in 2014, up from 222,000 in 2013, McNeill said.
Fracking has been around some 70 years. Hydraulic fracturing involves the use of water pressure to create fractures in rock that allows the oil and natural gas it contains to escape and flow out of a well.
The county has another formation that interests the industry, Rogersville shale, which requires drilling about 10,000 feet down, he said. "A deep test well permit has been issued. The formation extends south to Johnson County and could extend to the east in West Virginia," he said.
Bruin Energy Company, LLC started drilling what could be a $10 million well for Cimarex Energy Company, a nationally known enterprise, about eight miles south of Louisa in the Cherryville area said Dick Wilson, vice president of the Appalachia Chapter of the National Association of Royalty Owners (NARO). The drilling rig has already been set in place (see Lazer photos) and drilling will commence soon, Wilson said.
"The site work is complete and they have been drilling for about two weeks," Wilson said. "There have been several wells already drilled in Lawrence Co. and one in Johnson Co. at an estimated cost in the range of $50 million.
Mineral and Royalty Owners, as well as industry professionals will gather October 30-November 1, 2016 at The Greenbrier Hotel in White Sulphur Springs, W.Va to hear industry leaders and government representatives address development of one of the world’s largest natural gas deposits in fueling the nation’s energy needs. And it is centered in Lawrence County.
At its sixth annual meeting of (NARO) will feature expert presentations about issues of critical interest to royalty owners from Ohio, West Virginia, Kentucky, and North Carolina from drilling to estate planning to understanding royalty payments during its Monday, October 31, session, to attracting new natural gas users, ethane cracker plants, new pipelines, dispute resolution, and property tax appraisals at its Tuesday, November 1, session. And you can bet Lawrence County will be in the thick of the conversation.
Wilson said gas from the new well at Cherryville will be piped about two miles to a Columbia Gas Co. 20" line and sent throughout the U.S. while the oil will be trucked to the new Catlettsburg Marathon facility currently under construction, if possible. If not, the company will truck it about 60 miles further up I-64 to another facility. Either way, county roads will have to handle the traffic.
Wilson did not know about Lawrence County's current problem of not having an ordinance that requires overweight trucks to put up bond money to help pay to fix thinly blacktopped roads back to their original shape. The fiscal court could not come up with a plan for doing so for logging trucks and other heavy machinery during the past two regular meeting times.
He said the company will pay whatever local and state taxes required for its operation but at this time there is no requirement for paying to fix Lawrence county roads.
State Rep. Rocky Adkins, the Democratic floor leader in the Kentucky General Assembly, filed a bill in the last legislative session to update and modernize Kentucky's oil and gas drilling regulations. McNeill called it a consensus bill designed to modernize and strengthen Kentucky's oil and gas regulations.
"It's landmark legislation for Kentucky's oil and gas industry," McNeill said. "Modernizing the industry's regulations balances the need to promote investment in the state's oil and gas industry while ensuring the regulatory framework protecting the Commonwealth's environment is strengthened."
The law is designed to update the state's regulations that are some 50 years old, Adkins said. The bill includes provisions on groundwater monitoring and strong guidelines on how drilling is done, he said.
But nothing in the law protects county roads.
"Responsible deep shale development in Kentucky will create thousands of jobs, significantly increase oil and gas industry severance revenues and support local economies," he said.
For every oil and gas drilling job in deep shale, three more jobs are created, he said.
(Editor's Note: The mission for NARO, a 35 year old non-profit organization established originally in Oklahoma, is one of education and advocacy. “We are the only national organization representing the 7.5 to 12 million mineral owners in the United States. We are proud to assist them in learning how to care take and protect their mineral property. The vast majority of US mineral owners have their property through inheritance and never thought they would be in the oil and gas industry as a development partner– but here they are! And there is a lot to know!” said Cynthia Simonds, NARO’s National Development Director
NARO works in Washington DC as well as all the state capitols to make sure mineral owners are represented and considered when new legislation affecting the industry is discussed.)