#WhyIAmAProsecutor (9/5/2017)

From the Office of Lou Anna RedCorn
Fayette Commonwealth’s Attorney
 
Hello! We are working hard enforcing the laws, helping crime victims, and striving to keep Lexington a safe and healthy place to live. Here is an update on what’s happening in our office. 
“Why I Am A Prosecutor”
Before becoming your Commonwealth’s Attorney in 2016, I was an Assistant for thirty years. I have always been surrounded by hardworking, dedicated public servants – prosecutors, advocates, and staff – who work tirelessly for victims, for public safety and ultimately for justice. I want you to know some of these individuals like I know them. Between now and the end of 2017, we are highlighting some of the women and men of the Fayette Commonwealth’s Attorney Office. In doing this, we are joining with the National District Attorney’s Association, to showcase the ethics, integrity and commitment of prosecutors across the nation. Each working to make their communities a better place to live.

Meet Kimberly, Paco, and Rewa…
While KRS 532.031 is entitled “Hate crimes” it does not create a crime because it does not impose any term of imprisonment. What it does do is this: 
1) permits the judge to use the designation of a hate crime as the sole basis to deny probation or some other form of conditional discharge; and 
(2) permits the Parole Board to consider that designation when delaying or denying parole.

The “hate crime” designation may only be applied to kidnaping and certain assaults, sex offenses, damage to property, arson, riot and disorderly conduct cases. 

In designating a crime a “hate crime” the judge has to find by a preponderance of the evidence (meaning more likely than not), that race, color, religion, sexual orientation, or national origin of another individual or group of individuals , was the “primary motivating factor” in the offense. The finding is made by a judge, not a jury. 

During the 2017 Session, the statute was amended to include law enforcement by adding the following language: “or because of a person’s actual or perceived employment as a state, city, county, or federal peace officer, member of an organized fire department, or emergency medical services personnel.”

Thus, while KRS 532.031 may have some impact on how much time a defendant ultimately serves, it has no impact on the length of a defendant’s sentence. 
Steal from your client? Go to prison!
Robert Williamson
was indicted by a Fayette County Grand Jury in November, 2014, for stealing over $2 million from thirteen different victims. Mr. Williamson knew all of his victims and had developed a working relationship with each of them. They trusted him. He told each of his victims that he would invest their hard-earned money and he guaranteed a substantial return on the investment. The victims were planning to use that money in their retirements. However, instead of investing the money, he stole it and used it to live his extravagant lifestyle.  Mr. Williamson was on the run from authorities until October, 2016, when he was arrested in Florida and extradited to Kentucky. In May, 2017, Williamson pled guilty to thirteen counts of Theft By Failure to Make Required Disposition of Property over $500. The recommended sentence was 15 years. On Friday, August 4, 2017, Judge Kimberly Bunnell sentenced Williamson to 15 years in prison. The case was investigated by the Department of Insurance and Det. Michael Helsby of the Lexington Police Department, and prosecuted by Assistant Commonwealth’s Attorney Andrea Williams.
Kyle McIntosh
(above) was hired by the victims, a married couple, to help them in their business of buying and restoring old cars. The victims had a medical emergency that kept them from managing the business as closely as they once had. During that time, McIntosh stole over $300,000 from the business. He stole money, cars and parts for cars that he resold and kept the profits for himself. 
McIntosh was indicted in June of 2016, and he pled guilty in April of 2017, to a recommendation of eight years. On Friday, August 4, 2017, Judge Pamela Goodwine sentenced the defendant to eight years in prison. The case was investigated by Det. Michael Helsby of the Lexington Police Department, and prosecuted by Assistant Commonwealth’s Attorney Andrea Williams.  
Sentencings
Lou Anna RedCorn
Fayette Commonwealth’s Attorney
116 N Upper Street, Lexington, KY 40507
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