Fulton County District Court (Nov. 27)

November 25, 2019

The following cases were decided on Nov. 19, in Fulton County District Court by Judge Hunter B. Whitesell:

Jeremiah B. Johnson, review, Sch Memo: pretrial conference 10-29-19, bench warrant issued 10-29-19, request of defendant, criminal abuse – third degree – child 12/under, enter six-month diversion.

William M. Robbins, show cause hearing, Sch Memo: failure to appear to pretrial conference 4-3-18, found in contempt, sentenced to three days, operating on suspended/revoked operator’s license, *FTA Eligible*, continue pretrial conference 12-3-19; operating motor vehicle under influence of alcohol/drugs, etc. .08 1st offense, *FTA Eligible*, *Enhanceable*; and controlled substance prescription not in original container 1st, *Enhanceable*.

David Richards, review, Sch Memo: bench warrant issued 11-5-19, warrant, recall bench warrant, theft by unlawful taking or disposition shoplifting under $500, enter 24-month diversion.

Jeremiah B. Johnson, review, Sch Memo: pretrial conference 10-29-19, request of defendant, warrant, recall bench warrant.

Bruce W. Thompson, Jr., motion our, Sch Memo: motion to suspend further execution of the final judgment/sentenced of imprisonment, motion to suspend (further execution of sentence), motion granted, to complete drug court.

Curtis D. Thomas, show cause hearing, Sch Memo: failure to pay timepay 2-11-16 ($138), bond $168, found in contempt, failure to pay, sentenced to $50 a day jail credit, to pay transportation fees of $123.75, to pay by 8-13-19.

Trevor C. Massey, arraignment, fleeing or evading police, 1st degree (motor vehicle), pled guilty, sentenced to 360 days, 330 days conditionally discharged for two years, court costs $193, subject to restitution and 5% fee, charges to run concurrent; theft by unlawful taking or disposition shoplifting under $500, pled guilty, sentenced to 360 days, 330 days conditionally discharged for two years; theft by unlawful taking or disposition shoplifting under $500, pled guilty, sentenced to 360 days, 330 days conditionally discharged for two years; theft by unlawful taking or disposition shoplifting under $500, pled guilty, sentenced to 360 days, 330 days conditionally discharged for two years; theft by unlawful taking or disposition shoplifting under $500, pled guilty, sentenced to 360 days, 330 days conditionally discharged for two years; theft by unlawful taking or disposition shoplifting under $500, pled guilty, sentenced to 360 days, 330 days conditionally discharged for two years, total $193, to pay by 8-13-20.

Zachary Lynn Glover, arraignment, theft by unlawful taking or disposition shoplifting under $500, pled not guilty, appointed public defender as attorney, preliminary hearing 12-3-19; possession of marijuana; and tampering with physical evidence.

Zachary Lynn Glover, arraignment, possession controlled substance, 1st degree, 1st offense methamphetamine), *METHBLK*, pled not guilty, appointed public defender as attorney, preliminary hearing 12-3-19.

Kathy Darlene Baker, arraignment, fugitive from another state – warrant required, signed waiver of extradition to Missouri, review 12-17-19.

Kathy Darlene Baker, arraignment, possession of controlled substance, 1st degree, 2nd offense (methamphetamine), *METHBLK*, pled not guilty, appointed public defender as attorney, preliminary hearing 1-7-20; and drug paraphernalia – buy/possess.

Paris Lynne Mallin, pretrial conference, Sch Memo: bench trial set for 11-26-19, assault 4th degree domestic violence minor injury, *Enhanceable*, continue pretrial conference 11-26-19, remove from trial docket; and resisting arrest.

Paris L. Mallin, pretrial conference, assault 4th degree domestic violence no visible injury, *Enhanceable*, continue pretrial conference 11-26-19, remove from trial docket; and assault 4th degree no visible injury.

Trevor Massey, arraignment, theft by deception – include cold checks under $500, pled guilty, sentenced to 30 days, conditionally discharged for two years, court costs $231, to pay restitution and 5% fee, total $391.50, to pay by 5-14-20.

James Arthur McKim IV, arraignment, Sch Memo: $183, speeding 20 mph over limit, *FTA Eligible*, issue failure to appear.

Riley a. Madison, arraignment, Sch Memo: $181, speeding 19 mph over limit, *FTA Eligible*, enter six-month diversion.

John Matthew Irwin, review, Sch Memo: indicted in case #19-CR-122, warrant, recall bench warrant, indicted 11-14-19.

Katherine Ralston, arraignment, summons, theft by deception – include cold checks under $500, issue bench warrant, bond $250 cash; and theft by deception – include cold checks under $500.

Deanna Lynn Ochalek, arraignment, theft by unlawful taking or disposition shoplifting under $500, pled not guilty, appointed public defender as attorney, pretrial conference 1-21-20; theft by unlawful taking or disposition shoplifting under $500; and theft by unlawful taking or disposition shoplifting under $500.

Daniel S. Wilbanks, arraignment, theft by unlawful taking or disposition shoplifting under $500, pled not guilty, appointed public defender as attorney, pretrial conference 1-14-20; illegal possession of legend drug; possession of controlled substance, 3rd degree – drug unspecified; possession of open alcohol beverage container in a motor vehicle, *FTA Eligible*; drug paraphernalia – buy/possess.

Gary Wayne Renfrow, arraignment, failure to give right-of-way to emergency stopped vehicle, *FTA Eligible*, dismiss.

Aaron L. Pugh, arraignment, no/expired registration plates, dismiss on proof; no/expired Kentucky registration receipt, dismiss on proof; failure to produce insurance card, dismiss on proof; license to be in possession, *FTA Eligible*, dismiss on proof; and failure to notify address change to Department of Transportation.

Destiny Jackson, arraignment, failure of owner to maintain required insurance/security 2nd or greater, *FTA Eligible*, *Enhanceable*, continue first appearance 12-3-19; booster seat violations, *FTA Eligible*; and license to be in possession, *FTA Eligible*.

Melissa Duncan, arraignment, operating on suspended/revoked operator’s license, *FTA Eligible*, issue bench warrant, bond $250 cash, issue failure to appear; and failure of owner to maintain required insurance/security `1st, *FTA Eligible*, see charge #1.

Michael Hunter Emery, review, Sch Memo: request of county attorney, to enter plea, warrant, theft by unlawful taking or disposition shoplifting under $500, continued review 11-26-19; attempt burglary, 3rd degree; and disorderly conduct, 2nd degree.

Timothy Ray Thurman, review, dismiss on compliance.

Eleanor Foster, pretrial conference, Sch Memo: arraignment 7-17-18, pretrial conference 8-14-18 (issued bench warrant), review 8-20-19 (recalled bench warrant), leaving scene of accident/failure to render aid or assistance, *FTA Eligible*, continue pretrial conference 11-26-19.

Blake B. Roach, review, Sch Memo: request of defendant, warrant, continue review 11-26-19, recall bench warrant.

Elizabeth A. Browning, review, Sch Memo: mental health assessment, order to show cause 12-10-19.

Julia N. Paschall, review, Sch Memo: online drug education class, complied.

Micky Harris, review, Sch Memo: proof of payment of fines, order to show cause 12-10-19.

Jonathan Lee Smith, pretrial conference, theft by unlawful taking or disposition shoplifting under $500, pretrial conference 1-21-20, jury trial 2-19-20.

Shannon Rushin, pretrial conference, theft by unlawful taking or disposition all others under $500, continue pretrial conference 1-28-20.

Harold Ray Worthy, pretrial conference, criminal trespassing – 3rd degree, continue pretrial conference 12-10-19; and harassment – no physical contact.

Harold Ray Worthy, pretrial conference, stalking – 2nd degree, *Addr Prot Fee Eligible*, continue pretrial conference 12-10-19.

Harold Ray Worthy, pretrial conference, harassment – no physical contact, pretrial conference 12-10-19; and harassing communications, see charge #1.

Harold Ray Worthy, pretrial conference, harassing communications, continue pretrial conference 12-10-19; and stalking – 2nd degree, *Addr Prot Fee Eligible*.

John S. Littles, pretrial conference, violation of foreign emergency protective order/domestic violence order, continue pretrial conference 3-3-20, to be dismissed if no further complaints.

Pamela R. Crider, pretrial conference, theft by unlawful taking or disposition shoplifting under $500, continue pretrial conference 12-3-19.

Elizabeth Ann Browning, pretrial conference, assault 4th degree domestic violence minor injury, *Enhanceable*, issue bench warrant, bond $500 cash; resisting arrest; and terroristic threatening, 3rd degree.

Levi Matthew Kelly, diversion completion, Sch Memo: six-month diversion, paid in full, dismiss on compliance.

Terry Curling, pretrial conference, Sch Memo: continued from 11-12-19, summons, no/expired Kentucky registration receipt, dismiss without prejudice; and no/expired registration plates, dismiss without prejudice.

Kelly Price, pretrial conference, operating on suspended/revoked operator’s license, *FTA Eligible*, pled guilty, sentenced to 30 days, conditionally discharged for two years; and operating motor vehicle under influence alcohol/drugs .08 2nd offense, *FTA Eligible*, pled guilty, sentenced to 180 days, 160 days conditionally discharged for two years, fine $350, court costs $193, DUI service fee $375, public defender fee $100, license suspended 12 months, to serve weekends reporting 11-29-19 at 6 p.m., bond to apply, total $1,043, t pay by 3-17-20.

Skyler Johnson, pretrial conference, operating motor vehicle under influence of alcohol/drugs, etc. .08 1st offense, *FTA Eligible*, *Enhanceable*, motion of Commonwealth to continue pretrial conference 11-26-19.

Taylor Layne Howard, show cause hearing, Sch Memo: alcohol assessment, cause shown.

Travis Lamont Newberry, show cause hearing, Sch Memo: domestic violence assessment, found in contempt, sentenced to 10 days, to report 1-2-20 or purge on proof of assessment.

Christopher L. Trice, show cause hearing, Sch Memo: failure to pay court costs, diversion fees, issue bench warrant, bond $100 cash, no surety.

Anthony Curtis, other hearing, Sch Memo: refusal hearing, operating motor vehicle under/influence alcohol/drugs .08 aggravator 2nd offense, *FTA Eligible*, *Enhanceable*, amend to operating motor vehicle under influence of alcohol/drugs .08, 2nd offense, pled guilty, sentenced to 180 days, 173 days conditionally discharged for two years, fine $350, court costs $193, DUI service fee $375, public defender fee $100, license suspended 12 months, to report to jail 12-4-19 at 6 p.m., credit time served, total $1,043, to pay $50 monthly beginning 7-9-20.

James William Fulkerson, preliminary hearing, criminal mischief, 1st degree, court finds probable cause, bound over to Grand Jury 1-9-20.

Charles Jacob Russell, preliminary hearing, theft by deception – include cold checks under $500, continue preliminary hearing 12-3-19, defendant waives 20-day rule; and possession of controlled substance, 1st degree, 1st offense (methamphetamine), *METHBLK*.

James Williams Fulkerson, pretrial conference, assault 4th degree minor injury, pled guilty, sentenced to 360 days, conditionally discharged for one year, court cost $163, waived due to indigent.

Patrick Cole Frazier, pretrial conference, operate motor vehicle under influence of alcohol/drugs with .08, aggravator, 1st offense, *FTA Eligible*, *Enhanceable*, amend to operating motor vehicle under influence of alcohol/drugs with .08 1st offense, pled guilty, sentenced to 30 days, conditionally discharged for two years, fine $200, court costs $193, DUI service fee $375, license suspended 120 days, total $793, to pay by 2-13-20; possession of open alcohol beverage container in a motor vehicle, *FTA Eligible*, dismiss; and reckless driving, *FTA Eligible*, dismiss.