By CHRIS HARRIS, CJ Staff Writer
Commonwealth Journal
Somerset —
The case against five local individuals accused of attempting to bribe a public official has been dismissed without prejudice, according to the state Attorney General’s office.Everett Hyden, 64, Noble Hampton, 63, Virginia “Carol” Hampton, 44, Walter Creekmore, 62, and Darmus “Bubby” Dalton, Jr., 44, were all charged with bribery of a public servant, a class C felon, in connection with what Somerset Police have said was an attempt to get Commonwealth’s Attorney Eddy Montgomery to secure the release of a family member from prison.
The case was in Pulaski District Court, with Special Judge Michael Loy, when it was dismissed by motion of the Attorney General’s office, according to local defense attorney Scott Foster, who represents Dalton. This dismissal affects all of the above clients involved in the case, though they maintain different legal representation.“I’m thrilled for my client,” said Foster. “Mr. Dalton ... has been exonerated and is free to go about his daily living without this hanging over his head.”
The case is not necessarily over, however. The AG’s office told the Commonwealth Journal that the case could be reinstated in another court and that it is an “ongoing investigation.”The dismissal eliminates the need for a preliminary hearing in District Court.
The AG’s office provided little in the way of a statement beyond that and the fact that the case was “dismissed without prejudice.” Likewise, Det. Lt. Shannon Smith of the Somerset Police Department declined to offer any sort of statement on his agency’s behalf, simply stating that all media inquiries should be directed to the Attorney General.However, Robert Norfleet, another defense attorney in the case representing Virginia “Carol” Hampton had strong words concerning the reason for the dismissal. Norfleet asserts that the AG’s office will proceed with the case through a Pulaski County Grand Jury.
The difference is simple, he suggests: In a preliminary hearing, Norfleet would be able to act on his client’s behalf. The grand jury affords no such opportunity.“The advantage of the Commonwealth going to the grand jury without conducting a preliminary hearing is that I did not get an opportunity to present evidence to clear Ms. Hampton or to cross-examine the investigating detective,” said Norfleet. “Likewise, I do not get to question witnesses in front of a grand jury or communicate with a grand jury because those proceedings are confidential, in which defense counsel is not permitted to be present during their meetings.”
Added Norfleet, “With the grand jury, I don’t get to cross examine Shannon Smith. I don’t get to expose weaknesses. ... The biggest injustice is, I hated how they charged my client at her press conference, accusing of all these bad things, but when she gets ready to take the Commonwealth to task, they try to hide the ball and go to the grand jury.”Norfleet’s belief is that this move suggests the AG’s case isn’t as strong as previously thought.
“When the Commonwealth is willing to dismiss a case to avoid a preliminary hearing, it tells me one of two things: The Commonwealth lacks probable cause to get the case past a District Court judge, or something in the investigation is flawed,” said Norfleet. “In either case, the public has a right to know whether probably cause that Ms. Hampton created a crime existed. Likewise, Ms. Hampton had a right today to clear her name and reputation that has been damaged by statements made by the Commonwealth to the press.”Norfleet added that “we would have been able to show today that my client never paid any money (for a bribe), didn’t talk to Eddy, didn’t even know the guy who supposedly gave money to Eddy. They pretty much just charged my client for being Mom.”
Carol Hampton is the mother of Brandon Compton, 28, who was twice-convicted for drug-related offenses. Compton is the grandson of Noble Hampton, and Darmus Dalton is Carol Hampton’s boyfriend, according to Somerset Police. Creekmore is accused of getting the money from the family and giving it to Hyden, who is accused of offering it to Montgomery to get Compton out of jail.
According to Smith, at about 8:45 a.m. on Monday, June 7, Montgomery was approached outside his office at 126 S. Main Street by Hyden, who allegedly made Montgomery an offer — $20,000 in cash to get Compton released. The Somerset Police Department undertook a four-day investigation after they were contacted by Montgomery, resulting in four arrests on June 10 (and Dalton’s on June 16).
Several phone conversations were conducted between Montgomery and Hyden, according to SPD, and were recorded by detectives. The sting culminated in Hyden’s arrest after he allegedly showed up at Montgomery’s office to receive a hoped-for $2,000 kickback.
