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    .........................   Lawrence Circuit Judge John D. Preston Lawrence Circuit Judge John D. Preston

Lawrence Circuit Court Report:

Fitzpatrick enters 'not guilty' plea to murder charges in police chase case; Ballou's 'shock' motion is denied...


FitzpatrickFitzpatrickLouisa, KY -- Joshua A. Fitzpatrick, 34, entered a not guilty plea to a murder charge and other offenses of which he was accused in October of this year when the car he was driving was involved in a high speed chase by a KSP officer that ended when he crashed into the path of a motorcycle driven by Johnny K. Maynard, 40, of Catlettsburg.  Maynard died from the incident that occurred at the intersection of Hwy. 644 and B St. in Louisa near Lawrence Co. Middle and High Schools where LCHS 'senior night' was being held at the football field. 

Pre-trial is set for February 14 in Lawrence Circuit Court. He is being held in the Big Sandy Detention Center.

Circuit Judge John David Preston, denied a Motion for Shock Probation Friday, Dec. 13, on behalf of Nicholas C. Ballou, 26, filed by the Public Defender's Office. 

Ballou was sentenced to 20 years in August of this year by Judge Preston on charges of 1st Degree Assault and Criminal Abuse in the 1st Degree on a Child Twelve or Under, of which Ballou entered a guilty (Alford) plea. He was accused in 2011 of abusing his then two month old son by acts that left the infant legally blind and with permanent brain damage.  Shock Probation is an order implied by a judge in which a convicted offender serves 3-6 months of the original sentence, then the remainder of time is suspended in favor of probation. Shock Probation is sometimes considered for first time offenders and if the judge believes that the prisoner has a chance of reform.

Three family members, Jesse James Sr, 51, Jesse James Jr, 30, and Kelly James, 27, all entered guilty pleas in accordance with the Commonwealth's offer on Friday, Dec. 13 in Lawrence Circuit Court.  'The James Gang' were all charged with drug related offenses earlier this year. Final sentencing will be held on January 10, 2014.

In other Circuit Court news, the following cases heard included:

James P. Boggs II, 29, was sentenced to three years unsupervised, 60 days of community service with five days jail credit on  complicity and drug charges.

John F. Carey IV, 48, entered a not guilty plea on burglary charges and criminal mischief and persistent felony offender offenses. A pre-trial conference is scheduled for January 10.

Brian A. Chapman, charged with Complicity/ Receiving Stolen Property was scheduled for a jury trial May 5.

Seth Dyer, 29, was scheduled for trial Feb. 17, on a charge of Manufacturing Methamphetamine.

Clyde McKenzie Jr, 53, entered a not guilty plea on a theft charge. Pre-trial set for Jan. 10.

Zachary Raines, 20, entered a guilty plea on a Complicity/Theft charge. Defendant is incarcerated in Ohio.

William R. Sloas, 42, was sentenced per judgement prepared by the Commonwealth on multiple charges with 67 days jail credit.

Zachery T. Spears, 25, was sentenced per judgement prepared by the Commonwealth on the charge of Incest with 6 days jail credit.

John Curtis Spillman, 30, was sentenced per judgement prepared by  Commonwealth on charge of Flagrant Non Support, to run concurrent with a Boyd Co. Case, and 40 days jail credit.

Michael R. Welch II, charged with Complicity/Receiving Stolen Property was scheduled for a jury trial May 5.

Other cases were either rescheduled for a later date, or other provisions made.

Webbville man also registers as Dem candidate;

Rocky still in until 2015?

York says LRC, Dems putting out 'bull'


State Rep. Jill York in yesterday's Christmas Parade. Is she in or out?State Rep. Jill York in yesterday's Christmas Parade. Is she in or out?(Updated Dec. 19, 2013) --  LOUISA, Ky. -- Despite conflicting stories for months it appears that longtime State Rep. Adkins may be in office next year... and maybe not.

Magistrates after this morning's fiscal court meeting said they received a letter from Adkins informing them that he was still their rep and would be until at least the end of 2014.

He is right according to the KY. Legislative Research Commission.

But according to Clerk Chris Jobe the new districts will be used in both Senate and Legislative races. He said the mapping project ordered by the legislature are also not yet certified.

House leaders have apparently decided to not agree on districts and the Senate has adopted the new boundaries, but House Speaker Greg Stumbo and other Democrats are using the "ten year old" districts that have been used before, a spokerson from the LRC said.

The KRC has determined that the State Representative Districts will stay the same until the next election is over which means Adkins will still be in the post he has held for nearly 30 years until at least the end of 2014. He would then have the choice to move into the new district, a spokesperson for the LRC said.

Jobe said Adkins' name will not be on the ballot.

State and local reports stated that the new districts would take effect when the governor signed the bill, but the LRC website contains the old districts for the House and the new districts for the Senate.

"The Senate has decided to go ahead with the new districts immediately, but the House has decided to operate under the old districts until next year, said Bruce Phillips, a spokesperson for the LRC. "It has caused a lot of confusion, I will say that."

Long time State Rep. Rocky Adkins has not slowed down as Lawrence County's main in Frankfort. Shown here at the new courts building media day last week. But is he in or out in 2014?Long time State Rep. Rocky Adkins has not slowed down as Lawrence County's main in Frankfort. Shown here at the new courts building media day last week. But is he in or out in 2014?He could not determine when, or if this information was made public in Lawrence County.

Meanwhile Republican Jill York believes she is the Representative for Lawrence and Carter County because by state law, she says, the districts were changed immediately when the Governor signed it.

Here's what Rep. York told The Lazer today concerning the issue:

'....They can't make separate decisions. Our legislation with the maps had an emergency clause attached to it. The maps being made were pushing all the maximum deadlines for compliance with the law. Emergency clauses mean once signed by Governor -- boom! they are in effect.

Can think of no reason for the delay other than political strategy by the Democrats in the House, who for some reason want to ignore the emergency clause.

As it is -- with Stumbo and Stivers disagreeing on when the maps are in effect (now versus after election) -- all reps are in limbo. Making "soft transitions" and beginning to get to know the new areas. There is overlap and it is inefficient. Also don't think it will hold up as the special elections have been run in the "new districts" and those winners will be sworn in to districts that Stumbo's reasoning says aren't there yet.

I'm going to forward your comments and mine along to folks at LRC who need to know the confusion that this bull is causing.



Jill York
96th House District


Rep York has been attending local events as the Representative, but so has Adkins, a legendary "visitor" in Lawrence County. Currently the two are not in the same district.

The kicker may be political.

With the GOP effort to take control of the State House, Democrats do not want to give up Adkins' Democrat seat to a Republican. The Republicans are within half a dozen seats of taking the House for the first time in more than 40 years.

The Senate is controlled by the Republicans by a similar margin.

Jobe said a Lawrence County man has filed to run for the State Rep. position. Barry Webb, Democrat from Webbville will seek the position that two parties already claim.

We are still waiting for a reply from Adkins' office.  Stay tuned...

Stark suggests 'ham or turkey' instead of $100 cash for city employees;

Mayor, council clash over employee pay raises during rescheduled city meeting; Stark, Schaeffer very upset...


Council member Brad Stark, left, clashed with Louisa mayor Ted Preston over employee pay raises at Thursday night's meetingCouncil member Brad Stark, left, clashed with Louisa mayor Ted Preston over employee pay raises at Thursday night's meeting


LOUISA, Ky. -- Due to lack of a quorum Tuesday night the Louisa City Council held a special meeting tonight (Thursday evening) where they discussed a one time pay raise for the city workers. Tempers flared several times in what one city council member called the "most unprofessional council meeting I have ever seen."

After the heated exchanges, Council member Lisa Schaefer apologized to the audience members that included mostly city workers, for the way the meeting was conducted. Schaefer was referring to rude comments made between Mayor Teddy Preston and council member Brad Stark among other things that she considered to be unprofessional.

After Schaefer apologized, council member Rita Rose said she, too, was tired of all the bickering and said she was tempted to resign. "I have been in this for seven years and I'm sick of all the bickering and name calling, I am thinking of resigning."

Most years in December the council has voted to give the workers a $100 one time raise on their paychecks for a sort of Christmas bonus, however last year there was no funds in the budget so the workers were given a day off with pay instead.

This year, however, after a motion to give them $100 was made by Tom Parsons, it died for lack of second.  Schaefer said she didn't even hear the motion and so another motion was quickly made by Stark to give them a  $50 one time raise even after it was noted by Stark that the $50 raise after taxes would be hardly a raise.

Council member Parsons voted 'nay' to the $50 and was thanked by a city worker for his endeavor to give them more than that.

"I realize that after taxes are taken out the raise wont be much so maybe the workers would prefer a ham or turkey," Starks suggested.

The mayor rebutted by saying that the workers have said in the past that they would rather have the money. Stark then asked Louisa City Clerk Kathy Compton to find a place to take the raise from the budget.

Compton said she wasn't cutting anyone's budget and it wasn't her place to do so.

"It is my job to bring the council the information and you decide where cuts can be made," Compton said.
Stark explained that the cut would only be temporary and could be reimbursed once tax money was received.

At this point tempers began to flare when the mayor accused the council of being a one man show.
"In the past when we were able we always gave the workers a $100 raise but one person runs the council so I guess it doesn't matter," the Mayor said.

Stark replied back that he didn't agree with the statement the mayor made and told him to "knock it off."
The mayor explained in  heated voice that he believed that Stark felt like he always had to be "head chief."

At that time the mayor called for silence and Louisa City Clerk Kathy Compton asked if the meeting could proceed.

The heated discussion continued after the meeting was adjourned, however, during the meeting the vote passed to give the employees a one time raise of $50 and if the water and sewage side had it in their budget, those employees would also get the one time raise.

Also during the meeting the council passed a second reading of an employee raise that has been hanging in limbo for 24 weeks.

In the July meeting the council voted in favor of the first reading of a motion to give city workers a 2% raise, but the employees have been waiting for the second reading since.  It is questionable whether they will get back pay for the 24 weeks that their paychecks did not reflect the 2% raise.

The council passed the first reading of establishing the water and sewer department budget last night,"as long as changes have been made that the council asked for during the November meeting."

The same goes for raises for employees of the water and sewer department for the $50 one time raise this month.

The council also voted for a resolution approving financing terms for a new garbage truck.

Council member Gloria Johnson was the only council member who was not present.

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