Commonwealth Journal

Local News

March 23, 2009

Several criminal cases resolved in circuit court

Somerset — Pulaski Circuit Judge David Tapp took advantage of an extra hour in the courtroom last week to resolve several cases which would have been delayed.

Tapp heard a handful of criminal cases in between his civil cases Friday.

Since the county’s circuit courtroom is shared by three judges with several separate dockets, judges find themselves calling cases at every opportunity.

“The quicker we resolve these cases, the lower the costs to Pulaski County,” said Pulaski County Commonwealth’s Attorney Eddy F. Montgomery.

“We have to take every opportunity to keep these cases moving and get these prisoners off the county rolls. I appreciate Judge Tapp taking the time from his civil docket to allow us to wrap up these extra cases. Every day we save in resolving these cases is more money the county can spend on other projects.”

Those whose cases were heard early include:

• Charli L. Jones. Jones was sentenced to five years in prison for the charges of tampering with physical evidence, felony theft by unlawful taking, and second degree criminal possession of a forged instrument.

Assistant Common-wealth’s Attorney Jeremy Bartley says that, on July 15, 2008, Jones injured a store employee at Mark’s Hallmark in Somerset as she shoplifted from the store. Also, in May of 2008, Jones was found to be in possession of forged currency. When law enforcement approached Jones to investigate the forged currency case, she attempted to tear the bills up and flush them down a toilet.

At her sentencing hearing, Jones requested probation, claiming that she needed to remain out of jail in order to care for her children. Bartley argued that probation would not be appropriate in her case.

• Richard Brooks. Brooks, of Fredericktown, Pa., was sentenced to three years in prison for flagrant non-support and first degree bail jumping.

Assistant Common-wealth’s Attorney David L. Dalton says that, in October of 2008, Brooks pleaded guilty to felony flagrant non-support totaling $15,069.69. Brooks was released from jail, and was ordered to work toward paying his child support before returning for sentencing. Dalton alleges that Brooks neither paid the child support nor appeared for final sentencing.

Several other cases were heard during a Thursday, March 19, criminal motion hour:

• William Eric Brown, 24, of Bronston, was sentenced to ten years in jail for third degree burglary and felony theft.

Bartley says that, in September of 2008, Brown committed a break-in and theft from a storage unit on Three Springs Road.

• Bige Baker II, 25, of Bronston, was sentenced to 12 years in jail for a variety of felony offenses resulting from multiple investigations by the Lake Cumberland Area Drug Task Force and the Pulaski County Sheriff’s Department.

According to Bartley, in February of 2008, the sheriff’s department found Baker to be in possession of knives taken during a burglary. In October of 2007, operatives with the LCADTF purchased oxycodone and methamphetamine from Baker. In March of 2008, Baker was again caught by the LCADTF, this time assisting in a meth lab on Dixon-Smith Road in Eubank.

Pulaski Circuit Judge Jeffrey T. Burdette overruled a defense motion for probation.

• Jesse R. Roberts, 21, of Eubank, was sentenced to eight years in jail for a slew of burglary and theft charges resulting from an investigation by the Pulaski County Sheriff’s Department.

According to Dalton, from December of 2007 through May of 2008, Roberts broke into a series of homes, buildings, and barns, committing three counts of second degree burglary, eight counts of third degree burglary, and eight counts of felony theft.

• Tommy W. Vaughn Jr., 31, of Somerset, was sentenced to seven years in jail for complicity to first degree trafficking in a controlled substance.

According to Assistant Commonwealth’s Attorney Susan Ham, in January of 2008, the Pulaski County Sheriff’s Department caught Vaughn assisting in the sale of Oxycodone. Judge Burdette ordered the seven-year sentence to run consecutive to a prior ten year conviction for drug trafficking, bringing Vaughn’s total sentence to 17 years.

• Steve Wayne Miller, 28, of Somerset, was sentenced to five years in jail for second degree burglary and felony receiving stolen property.

According to Montgomery, in September of 2008, Miller broke into a residence on Frog Hollow Road in Science Hill. Miller was later caught pawning items that were taken from the residence. The case was investigated by the Pulaski County Sheriff’s Department.

• Michael D. Nevels, 27, of Bronston, was sentenced to one year in jail for complicity to second degree trafficking in a controlled substance.

According to Bartley, in June of 2008, Nevels provided assistance to Keith Taylor, a co-defendant, in the sale of hydrocodone. The case was investigated by the Pulaski County Sheriff’s Department.

• Scott Jacob Ward, 28, of Somerset, pleaded guilty to criminal possession of a forged instrument, second degree.

According to Montgomery, in August of 2008, Ward attempted to pass a forged check at Cumberland Security Bank.

Montgomery recom-mended one year imprisonment. Judge Burdette set final sentencing for April 16.

• Kenneth Roberts, 57, of Eubank, was sentenced to two years in jail for the offense of first degree possession of a controlled substance.

According to Dalton, in July of 2007, an investigation by the Lake Cumberland Area Drug Task Force found Roberts to be in possession of 880 milligrams of cocaine.

The following defendants were revoked off of conditional release:

• Chris Reynolds, 24, of Somerset, was revoked from pretrial diversion for use of marijuana, use of adipex, and failure to attend substance abuse counseling following an evidentiary hearing.

Dalton stated that Reynolds was on diversion for a prior third-degree burglary conviction, and he recommended five years in jail. Judge Burdette set sentencing for April 16.

• Derrick L. Johnson, 40, of Somerset, was imprisoned for three years following his stipulation that he failed to complete a literacy program, used oxycodone and marijuana, and failed to pay his supervision fees.

Johnson had been on probation for third degree burglary and felony theft by unlawful taking.

• Johnny Ray Farmer, 27, was revoked from pretrial diversion following his stipulation that he had used a controlled substance, failed to pay supervision fees, and failed to pay drug test fees. In addition, testimony was taken which showed that Farmer had been convicted of misdemeanor theft, and had been picked up new charges for DUI and driving on a license suspended for DUI.

Dalton stated that Farmer was on diversion for a prior first degree trafficking in a controlled substance conviction. Dalton recommended five years of imprisonment. Judge Burdette set sentencing for April 16.

• Michael C. Sanchez, 33, was revoked from pretrial diversion following his stipulation that he had failed to pay his child support as ordered.

Montgomery said that Sanchez was on diversion for a prior flagrant non-support conviction, and he recommended five years in jail. Judge Burdette set sentencing for April 16.

• Jonathan Cook, 23, was imprisoned for three years following his stipulation that he failed to pay his child support as ordered.

Montgomery stated that Cook had been on conditional discharge for a prior flagrant non-support conviction.

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    In the weeks leading up to Tuesday’s primary election, it was impossible to miss the colorful signs dotting nearly every Pulaski roadway. The names in the race for the 15th State Senatorial District seat popped out: A.C. Donahue. Chris Girdler. Mark Polston.
    Once citizens hit the ballots, however, the results mirrored the dimensions of the signs themselves: Chris Girdler stood the tallest.
    Girdler, deputy district director for Congressman Harold “Hal” Rogers, ran away with the votes inside Pulaski County’s borders, earning 3,926 votes for 62.05 percent of the total number cast.
    That number more than doubled the next highest vote-getter, businessman Mark Polston, who raked in 1,624 votes for 25.67 percent. 
    However, Polston — who owns Classic Carpet, a home-flooring business located just off the southern 914 bypass — can claim a moral victory ... three of them, in fact. In all three counties in the district other than Pulaski — those being Adair, Casey, and Russell Counties — Polston actually edged out Girdler.
    In Adair, Polston beat Girdler 629 to 394. In Casey County, it was 538 to 417, and in Russell, it was 1,862 to 1,038.
    Polston said he just “couldn’t pull it out with the numbers” and that “the machine worked for” Girdler in Pulaski County.
    “I think that was their strategy — I think they had a Pulaski County strategy all along,” said Polston. “They played the political game well.”
    Polston said the difference between his and Girdler’s campaigns was that “mine was a very, very grass roots campaign,” he said. “I did not have a political machine behind me. I understand how this process works, and in this instance, he prevailed.”
    As for why Girdler didn’t take three of four counties, the winning candidate — since there are no Democrats in the race, winning the Republican primary was effectively a final victory for Girdler — said he didn’t have an answer for that. 
    However, “I believe things happen for a reason and I hope the long and strenuous campaign will only heighten my desire to move beyond the bitterness and partisanship of the recent past,” said Girdler.
    “Regionalism is a goal of mine, and I look forward to helping all four counties,” he added, noting that he campaigned heavily in each of them. 
    Sen. Vernie McGaha, the long-time state senator whose seat the candidates were vying for, actually supported Polston after Liberty’s Todd Hoskins dropped out of the race earlier this month. 
    Donahue, a local attorney, got 556 votes in Pulaski County, 8.79 percent of the vote. He only received 145 votes in Russell County, 74 in Adair County, and 75 in Casey County, where hometown candidate Hoskins almost matched him with 71 votes despite no longer being officially in the race.
    Polston said he’s “still digesting” what happened, and though “the process has been a very good experience for me,” he wouldn’t commit to running again in the future. “I wouldn’t shut the door to anything, but I’m not opening any doors either.”
    Still, “I think I got a lot of people involved in the process that had not been involved before and would not have been otherwise,” he said. “A lot of people got out and worked really hard, got motivated to talk to friends and neighbors. I think a lot of people became involved through this campaign that are going to be involved for a long time.”
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