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Court News

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By Molly Haines

Circuit Court

Sept. 23, 2008

Michael Asher, 1988, second-degree complicity criminal possession of a forged insturment, first-degree possession of heroin, use or possession of drug paraphernalia, continued to Oct. 7.

Ronnie Carmack, 1955, show cause deferred, continued to Oct. 31.

Randy A. Collins, 1963, shock probation in felony convictions, motion denied.

David Cook, 1950, trafficking in marijuana, possession of marijuana, use or possession of drug paraphernalia, jury trial set for Nov. 20.

Amie Cook Elmore, 1977, show cause deferred/installment payment, bench warrant set for $600.

Eric Ryan Farmer, 1978, two counts of first-degree burglary, 10 counts of second-degree burglary, two counts of receiving stolen property (firearm), nine counts of receiving stolen property over $300, first-degree persistent felony offender, jury trial set for Nov. 20.

Matthew Damon Farmer, 1977, two counts of first-degree burglary, 10 counts of second-degree burglary, two counts of receiving stolen property (firearm), nine counts of receiving stolen property over $300, first-degree persistent felony offender, jury trial set for Nov. 20.

Kenneth Gabbard, 1974, failure to report change in order to receive benefits, pleaded not guilty, continued to Oct. 7.

Jeremy Wayne Hunter, 1975, two counts of probation violation, continued to Jan. 27, 2009.

Ernest T. Penn, 1957, second-degree narcotics/drug unspecified, stipulated probable cause.

James Robert Snider, 1985, show cause deferred/installment payment.

Robert A. Stiver, 1954, motion to revoke conditional discharge, credit time served.

Kenneth Rae Wallace, 1957, shock probation in felony convictions, motion to suspend further execution of sentence, order to follow.

Bradford L. Wilhoite Jr., 1981, motion for discovery and inspection, jury trial set for Nov. 20.

Jonathon M. Allen, 1984, second-degree rape, pleaded guilty, adopted plea agreement, continued to Dec. 31.

Miranda Dews, 1972, failure to report change in order to receive benefits, pleaded not guilty, adopted plea agreement, continued to Oct. 7.

Justin T. Jones, 1984, probation violation, adopted plea agreement, continued to Oct. 7.

Jeffrey Lane Allnut vs. Mitzy Lynn Allnut, motion for hearing, see order.

Deutsche Bank National Trust Company vs. David Arey, continued to Oct. 21.

Unifund CCR Partners vs. Clara Elaine Cyphers, motion for summary judgment, see order.

Carol A. Gray vs. Lloyd P. Gray, motion for judgment, see order.

Unifund CCR Partners vs. Donald C. Guy, motion for summary judgment, see order.

Federated Financial Corp. of America vs. Charles Haines, motion for default judgment, see order.

Brandy Rose Howard vs. Ronald Lloyd Howard, motion for temporary custody, motion for child support, see order.

Countrywide Home Loans vs. Thomas Lyles, motion for judgment and order of sale, see order.

Asset Acceptance LLC. vs. William J. Meringer, motion for default judgment, see order.

Citifinancial vs. David G. Meriwether, motion hour, remand.

Countrywide Home Loans vs. Cindi Neal, motion for judgment and order of sale, continued to Oct. 21.

Gary W. Neal vs. Cindi Lee Neal, objections to DRC report, see order.

Chase Bank USA National vs. Scott W. Roberts, enforce arbitration award, see order.

Rebecca Dawn Snell vs. Barry Lynn Snell, motion for decree of dissolution marriage, see decree.

John William Stivers vs. Karen L. Stivers, motion for decree of dissolution marriage, see decree.

Mago Construction Company vs. Kenneth Tanklsey, motion that requests for admission stand admitted, order to follow.

Douglas Ward Hensley vs. Veronica G. Tisdale, motion for default judgment, order to follow.

Lola Wilson vs. Brian Wilson, docketed at request of plaintiff, see order.

Gene Ray Stewart Performance Horses LLC vs. Tracie Griess, notice to take deposition, remand.

Transportation Cabinet vs. Danny Ray Hudnall, see order jury trial set for Nov. 21, remand.

Mary Edmondson vs. Gary Perkins, motion to modify.

District Court

Sept. 26, 2008

Kelvin D. Gabbard, 1976, two counts of non-payment of fines, show cause hearing set for Jan. 1, 2009.

Charlie Hounchell, 1990, fourth-degree domestic violence, continued to Oct. 10.

Jarrett R. Lyons, 1984, failure to wear seat belt, operating on suspended or revoked license, $200 cash bond set.

Samuel Hines Riley, 1970, two counts of first-degree sodomy, pleaded not guilty, preliminary hearing set for Oct. 3.

Owen Fiscal Court vs. Timothy Lashinksy, motion to require answer to interrogatories, continued to Oct. 10.

Midland Funding LLC. vs. James M. Jackson, motion for default judgment, see order.

St. Elizabeth Medical Center vs. Deann Carol Jackson, motion to dismiss for lack of prosecution, dismissed.

Sarah Apartments/Winter Wood Inc. vs. Roseann Payton, motion to dismiss for lack of prosecution, dismissed.

Janet Wetler vs. Patrick Sinegal, motion to dismiss for lack of prosecution, dismissed.

St. Elizabeth Medical Center vs. Troy E. Tucker, motion to dismiss for lack of prosecution, dismissed.

Jerry W. Ballard, 1979, no operator’s/moped license, trial in absence.

Larry D. Beckham, 1979, fourth-degree assault, continued to Oct. 10.

Kyle B. Bruener, 1988, failure to illuminate head lamps, pleaded guilty, $20 fine plus court costs; failure of owner to maintain required insurance, proof shown, dismissed.

Charles B. Dodson Jr., 1984, no/expired registration plates, continued to Oct. 10.

Marty House, 1964, operating a motor vehicle under the influence of drugs or alcohol, continued to Oct. 10.

Arthur L. Kinman, 1962, failure to wear seat belt, pleaded guilty, fined $25; failure to notify address change to Dept. of Transportation, proof shown.

Robert H. Lenear III, 1989, operating on suspended/revoked operator’s license, continued to Oct. 10.

Logan W. Perkins, 1987, no/expired registration plates, failure of non-owner to maintain required insurance, continued, operating a motor vehicle under the influence of drugs or alcohol, to Oct. 10.

Jessica Ransdell, 1973, alcohol intoxication in a public place, pleaded not guilty, bench trial set for Oct. 24.

Brian D. Roberts, 1971, alcohol intoxication in a public place, third-degree terroristic threatening, continued to Oct. 10.

Caryoln M. Tovar-Martinez, 1965, possession of open alcoholic beverage in a motor vehicle, pleaded guilty, $100 fine plus court costs.

Ana M. Venegas, 1964, failure of owner to maintain required insurance, no/expired, registration plates, trial in absence.

Michael Asher, 1988, third-degree criminal trespassing, public intoxication, continued to Oct. 24.

Michael R. Hubbard, 1957, see order.

Brian Ransdell, 1973, careless driving, license to be in possession, operating a motor vehicle under the influence of drugs or alcohol, possession of open alcoholic beverage in vehicle, continued to Oct. 10.

Summer L. Morrison, unlawful transaction with a minor, preliminary hearing set for Oct. 24.

Barry V. Carter, 1960, fourth-degree assault, continued to Oct. 10.

Dwight Clarkson, 1953, third-degree terroristic threatening.

Wisdom V. Moore, 1988, possession of marijuana, use or possession of drug paraphernalia, continued to Oct. 10.

Raymond D. Beatty, 1983, failure to wear seat belt, dismissed; failure of owner to maintain required insurance, continued to Oct. 10; possession of open alcoholic beverage container in a motor vehicle, dismissed; operating a motor vehicle under the influence of drugs or alcohol, pleaded guilty, fined $350 plus ADE, seven days to serve, suspended operator’s license for one year.

Jerry Clark, 1950, operating a motor vehicle under the influence of drugs or alcohol, bench trial set for Oct. 10.

Tina M. Frazier, 1964, disorderly conduct, pleaded guilty, conditionally discharged for $150 plus court costs.

Kevin D. Hall, 1970, fourth-degree assault, pleaded not guilty.

Juan Lopez, 1980, resident hunting/trapping without a license or permit, dismissed.

Brooke Y. McDonald, 1989, failure to wear seat belt, paid.

Antonio Parra-Tapia, 1974, non-resident fishing without a license/permit, dismissed.

Jose Ramires, 1968, third-degree unlawful transaction with a minor, dismissed.

Julie Ramires, third-degree unlawful transaction with a minor, pleaded guilty, 30 days conditionally discharged plus court costs.

Jose Leon Ramirez, 1968, third-degree unlawful transaction with a minor, pleaded guilty, 30 days conditionally discharged plus court costs, show cause hearing set for Feb. 13, 2009.

Julie Ramirez, 1975, third-degree unlawful transaction, dismissed.

Christina M. Singleton, 1983, fourth-degree assault, pleaded guilty, continued to Oct. 10.

Brad L. Wilhoite Jr., 1981, disorderly conduct, submitted.

Amie L. Cook, 1977, failure to wear seat belt, continued to Oct. 10.

Michael D. Cox, 1988, speeding 15 mph over the limit, pleaded guilty, fined $30 plus court costs.

Jamie L. Greene, 1978, failure to wear seat belt, DOT.

Steven C. Lewis, 1969, fish not to be taken other than by pole, nonresident hunting/trapping without a license/permit, pleaded not guilty, bench trial set for Oct. 10.

Drew T. Mason, 1986, operating ATV on roadway, DOT.

Stanley A. Patton, 1990, improper start from parked position, pleaded not guilty, bench trial set for Oct. 10.

Christopher D. Schave, 1984, failure to wear seat belt, DOT.

Michael P. Smith, 1980, failure to wear seat belt, pleaded guilty, $25 fine, paid in full.

Chaabi Youssef, 1982, speeding 23 mph over the limit, following another vehicle too closely, DOT.

Grand Jury Indictments

Sept. 23, 2008

On Sept. 23, 2008, the Owen County Grand Jury met and returned the following indictments:

• Renaee Gaines, 36, on the charge of theft by unlawful taking.

According to the indictment, she unlawfully took or exercised control over movable property of another with a value of $300.00 or more, with the intent to deprive the owner thereof. More specifically, as Deputy County Judge/Executive of Owen County, during said time period, she unlawfully took $16,959.75 from Owen County.

If convicted she is punishable by imprisonment for up to five years with a fine of up to $10,000.

On the charge of complicity to theft by unlawful taking or disposition of property with a value of $300.00 or more by William P. O’Banion.

According to the indictment, she solicited, commanded or engaged in a conspiracy with him to commit said offenses, or aided counseled or attempted to aid him in planning or committing said offense, or having a legal duty to prevent the commission of said offense, she failed to make a proper effort to do so. More specifically, as Deputy County Judge/Executive of Owen County, on or about a day or days between October 27, 2006, and October 22, 2007, she aided, assisted, counseled, conspired with or attempted to aid William P. O’Banion County Judge/Executive of Owen County, to unlawfully take from Owen County, $3,301.96 and $3,301.96, respectively, allegedly as training incentive monies, all in violation of applicable law.

If convicted, she is punishable by imprisonment for up to five years with a fine of up to $10,000.

On the charge of official misconduct.

According to the indictment, she committed an act relating to her office which constituted an unauthorized exercise of her official functions, or refrained from performing a duty imposed upon her by law or clearly inherent in the nature of her office, or violated a statute or lawfully adopted rule or regulation relating to her office. More specifically, as Deputy County Judge/Executive of Owen County, on October 22, 2007, she aided, assisted, counseled, conspired with or attempted to aid William P. O’Banion, County Judge/Executive of Owen County, to unlawfully take from Owen County $3,301.96 allegedly as training incentive monies, all in violation of applicable law.

If convicted, she is punishable by imprisonment for up to 12 months and/or a fine of up to $500.00

On the charge of complicity to theft of services with a value of $300.00 or more by William P. O’Banion.

According to the indictment, she solicited, commanded or engaged in a conspiracy with him to commit said offense, or aided, counseled, or attempted to aid him in planning or committing said offense, or having a legal duty to prevent the commission of said offense she failed to make a proper effort to do so. More specifically, during said time period as Deputy County Judge/Executive of Owen County, she aided, assisted, counseled, conspired with or attempted to aid William P. O’Banion, County Judge/Executive of Owen County, to write-off, waive or discharge the balance of his ambulance bill in the amount of $632.20, in violation of applicable law.

If convicted, she is punishable by imprisonment for up to five years with a fine of up to $10,000.

On the charge of first-degree official misconduct.

According to the indictment, she knowingly committed an act relating to her office which constituted an unauthorized exercise of her official functions, or refrained from performing a duty imposed upon her by law or clearly inherent in the nature of her office, or violated a statute or lawfully adopted rule or regulation relating to her office. Most specifically, as Deputy County Judge/Executive of Owen County, on or about a day or days between October 1, 2007, and July 31, 2008, she aided, assisted, counseled, or conspired with or attempted to aid William P. O’Banion, County Judge/Executive of Owen County, to write off, waive or discharge various ambulance bills owed by individuals to Owen County, for ambulance services provided them by the Owen County Ambulance Services in violation of applicable law.

If convicted, she is punishable by imprisonment for up to 12 months and/or a fine of up to $500.00.

• Gayla Lewis, 32, on the charge of complicity to theft by unlawful taking or disposition of property with a value of $300.00 or more by William P. O’Banion.

According to the indictment, she solicited, commanded or engaged in a conspiracy with him to commit said offense, or aided, counseled, or attempted to aid him in planning or committing said offense, or having a legal duty to prevent the commission of said offense, she failed to make a proper effort to do so. More specifically, as County Treasurer of Owen County, on or about a day or days between the October 27, 2006, and October 22, 2007, she aided, assisted, counseled, conspired with or attempted to aid William P. O’Banion, County Judge/Executive of Owen County, to unlawfully take from Owen County, $3,301.96 and $3,301.96, respectively, allegedly as training incentive monies, all in violation of applicable law.

If convicted, she is punishable by imprisonment for up to five years with a fine of up to $10,000.

On the two charges of first-degree official misconduct.

According to the indictment, she committed an act relating to her office which constituted an unauthorized exercise of her official functions, or refrained from performing a duty imposed upon her by law or clearly inherent in the nature of her office, or violated a statute or lawfully adopted rule or regulation relating to her office. More specifically, as County Treasurer of Owen County, on October 22, 2007, she aided, assisted, counseled, conspired or attempted to aid William P. O’Banion, County Judge/Executive of Owen County, to unlawfully take from Owen County, $3,301.96 allegedly as training incentive monies, all in violation of applicable law; she committed an act relating to her office which constituted an unauthorized exercise of her official functions, or refrained from performing a duty imposed upon her by law or clearly inherent in the nature of her office, or violated a statute or lawfully adopted rule or regulation relating to her office. More specifically, as County Treasurer of Owen County on or about a day or days between October 1, 2007, and July 31, 2008, she aided, assisted, counseled, conspired with or attempted to aid William P. O’Banion, County Judge/Executive of Owen County, to write-off, waive or discharge of various ambulance bills owed by individuals to Owen County, for ambulance services provided them by the Owen County Ambulance Service in violation of applicable law.

If convicted, she is punishable by imprisonment for up to 12 months and/or a fine of up to $500.00 on both charges.

• William P. O’Banion, 43, on the charge of theft by unlawful taking.

According to the indictment, while he was acting as County Judge/Executive of Owen County, On October 27, 2006, he unlawfully took from Owen County, $3,301.96 allegedly as training incentive monies, all in violation of applicable law.

If convicted he is punishable by imprisonment for up to five years with a fine of up to $10,000.

On the charges of first-degree official misconduct.

According to the indictment, he committed an act relating to his office which constituted an unauthorized exercise of his official functions, or refrained from performing a duty imposed upon him by law or clearly inherent in the nature of his office, or violated a statute or lawfully adopted rule or regulation relating to his office. More specifically, on October 22, 2007, while he was acting as County Judge/Executive of Owen County, he unlawfully took from Owen County, $3,301.96 allegedly as training incentive monies, in violation of applicable law; he knowingly committed an act relating to his office which constituted an unauthorized exercise of his official functions, or refrained from performing a duty imposed upon him by law or clearly inherent in the nature of his office, or violated a statute or lawfully adopted rule or regulation relating to his office. More specifically, on or about a day or days between October 1, 2007, and July 31 2008, while he was acting as County Judge/Executive of Owen County, authorized the write-off, waiver or discharge of various ambulance bills owed by individuals to Owen County, for ambulance services provided them by the Owen County Ambulance Service in violation of applicable law.

If convicted, he is punishable by imprisonment for up to 12 months with a fine of up to $500 on both separate charges.

On the charge of theft of services.

He intentionally obtained ambulance services from the Owen County Ambulance Service with a value of $300 or more by deception or by false token or other means to avoid payment for said ambulance services which he knew were available only for compensation to Owen County. More specifically, during said time period while he was acting as County Judge/Executive of Owen County, he intentionally obtained ambulance services from the Owen County Ambulance Service with a value of $1,191.50 of which his medical insurance paid $559.30 leaving a balance for him to have paid of $632.20 which he wrote-off, waived or discharged in violation of applicable law.

If convicted, he is punishable by imprisonment for up to five years with a fine of up to $10,000.