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Officer Don's Crime/Safety Prevention Tip

Officer Don Evans 
 
Warning For Kentucky Consumers About Haitian Disaster Relief Scams
 
As Kentuckians open their hearts and pocketbooks to support earthquake relief efforts in Haiti, Attorney General Jack Conway warns that scammers may try to prey on their generosity. He asks that Kentucky consumers choose carefully when considering urgent appeals for aid that may come through emails, social networking sites or even direct calls.

"I want to ensure that the generosity of Kentuckians is felt by those who are in desperate need of aid, and not lining the pockets of unscrupulous scam artists," said General Conway. "By donating to established organizations, your donation can make a difference for the scores of men, women and children of Haiti whose lives have been devastated by Tuesday's earthquake."

Before making a donation, General Conway recommends following these tips:

Donate to recognized charities that you have given to before.

Avoid responding to unsolicited incoming emails including clicking links contained within those messages as they could contain viruses.

Be skeptical of individuals representing themselves as surviving victims.

Remember that charitable solicitors take a portion of the proceeds to cover their costs, which leaves less for victim assistance.

Utilize online resources to research charities before making a donation.

Avoid giving or sending cash. For security and tax record purposes, contribute by check or credit card and write the official name of the charity on your check.

Never give your personal or financial information to anyone who solicits contributions.
 
You can go online to organizations like the Red Cross at http://tinyurl.com/ycrzorp or Mercy Corps at http://tinyurl.com/yeo3p2y to make a contribution to the disaster relief efforts.
 
Those interested in providing assistance can also contact the Center for International Disaster Information at http://www.cidi.org/.
  
If you have been a victim of a consumer scam, help is available by contacting the Office of the Attorney General's Consumer Protection Hotline at 1-888-432-9257 or visit
http://ag.ky.gov/civil/ consumerprotection/complaints/.
 
To research a particular charity, visit http://ag.ky.gov/civil/consumer protection/charity/.

Through the Office of the Attorney General's website, consumers can find out if a charity is registered, what percentage of the donation actually goes to the charity and what percentage goes to a paid solicitor.

www.OfficerDon.com

 
Sheriff Kathy Witt

Sheriff Kathy Witt

    Fugitives Wanted by the Fayette County Sheriff's Office
 

WANTED

Joann Carter

Joann Carter

Wanton Endangerment 1st

DOB: 7/29/1968
Race:  White
Sex:  Female
Height: 5'4"
Weight: 170
Hair:  Brown
Eyes:  Brown
 
Click here to see who is wanted by the Fayette County Sheriff's Office.
 
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Issue: #65 January/2010  
 
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TOP STORIES

Victim's Voice - The Quest For Justice
Introducing - New victim's blog.
Victim's Voice - The Quest For Justice
Larson's Victim Assistance Program is 25 years old - it is recognized as one of the top programs in the United States.
Straight Talk From Ray the D.A.
The real cost of crime in Lexington in 2009. 
The Killers Of Kentucky's Death Row 
Death Row inmate Ronnie L. Bowling.
Straight Talk From Ray the D.A.
How many times must we re-learn the same lesson?
Outrage 
Whose side is our government on, anyway? 
Straight Talk From Ray the D.A. 
A few questions for the folks who seem determined to de-criminalize illegal drugs.
Crime Beat . . . . On The Street 
Drunken trucker convicted of wanton murder in death of Commonwealth's Attorney Doug Wright.
American D.A. - LIVE
Case #1:  The Manslaughter Case Against Sheila Whitler
Case #2:  The Case Of Burglar Cody Moore
Office News
Sally Manning appointed as an Assistant Commonwealth's Attorney. 
Office News
Ben Starkey appointed as an Assistant Commonwealth's Attorney. 
Recent Court Case
Burglary spree results in lengthy prison sentence.  Suspect violated bond conditions twice.
Recent Court Case
Violent assault results in prison sentence.
Information Center
Want to know what cases were Indicted, Dismissed, or Transferred Back To District Court by the Grand Jury and what cases are set for Trial?  Check it out here.
Who is on Home Incarceration in Lexington?
Convicted criminals in the Home Incarceration Program (HIP) in Lexington.
Recent Circuit Court Sentencings
Who went to prison and who was probated.
 
Victim's Voice  

Victim's Voice

Introducing - New Victim's Blog
 
In Victim's Voice is a new blog which will become a regular part of the Fayette Commonwealth's Attorney's Office webpage.  Contributors will include local and national Victim's Advocates, and, most importantly, crime victims.

But first, a little history about crime victims and their treatment by the criminal justice system in America.

President Ronald ReaganIn April, 1982, President Ronald Reagan established the President's Task Force on Victims of Crime.  President Reagan charged the members of that Task Force to recognize the plight of those forgotten by the criminal justice system - the innocent victims of crime - and make recommendations to restore balance to the criminal justice system.

They found:  "The innocent victims of crime have been overlooked, their pleas for justice have gone unheeded, and their wounds - personal, emotional and financial - have gone unattended."

Lois Harrington, Chair of the Task Force, wrote the following:

"Something has happened in America:  Crime has made victims of us all.  Awareness of its danger affects the way we think, were we live, were we go, what we buy, how we raise our children, and the quality of our lives as we age."

"Every 23 minutes, someone is murdered.  Every six minutes a woman is raped.  While you read this statement, two people will be robbed in America and two more will be shot, stabbed, or seriously beaten.  Yet to truly grasp the enormity of the problem, those figures must be doubled, because more than 50 percent of violent crime goes unreported."

"The criminals know that the risk of punishment is minuscule.  A study of four major states revealed that only 9 percent of violent crimes reported were resolved with the perpetrator being incarcerated."

"Victims who do survive their attack, and are brave enough to come forward, turn to their government expecting it to do what a good government should - protect the innocent."

"The American criminal justice system is absolutely dependent on these victims to cooperate and testify.  Without their cooperation in reporting and testifying about crime, it is impossible in a free society to hold criminals accountable."

"When they do come forward to perform this service, they found little protection.  They discovered that the system was appallingly out of balance.  They learned that somewhere along the way the system lost track of the simple truth that it is supposed to be fair and protect those who obey the law while punishing those who break it."

"Somewhere along the way, the system simply treated crime victims with institutional disinterest."

"The neglect of crime victims is a national disgrace."

In 1985, the Office of the Fayette Commonwealth's Attorney established its Crime Victims' Assistance Program.  Our goal was then and continues today, to emphasize the role of the victim in the criminal justice system, in the hope that they will begin to feel that the system works for them - not against them.

Stay tuned for more from Victim's Voice as we continue an aggressive Quest for Justice.

 
Victim's Voice  

Victim's Voice

Larson's Victim Assistance Program Is 25 Years Old - It Is Recognized As One Of The Top Programs In The United States
 
Gail WhittBy Gail Whitt

In 1982 President Ronald Reagan called upon our nation to take better care of crime victims.  Fayette Commonwealth's Attorney Ray Larson responded.  He sought to restore faith in the criminal justice system and give crime victims a voice they were never given before.  More than 25 years later we are still working to improve the plight of crime victims.   

President Bush & Ray Larson

President George H. W. Bush presents the Outstanding Victim Service Award to Ray Larson.

Ray Larson began the Fayette Commonwealth's Attorney's Office's Crime Victim Assistance Program in 1985.  It was one of the first in Kentucky.  Crime Victim Advocates followed the recommendations set out by the Task Force on Victims of Crime and quickly turned the program into one of the leading in the nation. In 1992 Ray Larson and the Fayette Commonwealth's Attorney's Office's Crime Victim Assistance Program were recognized at the White House by President George H. W. Bush as being one of the top three victim assistance programs in the United States.

The evolution of the program included input from crime victims and all agencies that assist crime victims.  This network of support has been invaluable in developing and shaping the Crime Victim Assistance Program into one that has continued to promote fair treatment of crime victims.

In the beginning our goal was focused on enacting laws giving crime victims rights and services.  Although some deficiencies still remain unmet, Ray Larson continues to find new ways to help crime victims.  He is dedicated to establishing effective enforcement mechanisms that will expand the protection of innocent victims of crime.

Stay tuned in the following weeks as you will hear more about the Crime Victim Assistance Program, the advocates that make it work and the initiatives that will strengthen the protection of crime victims' rights.

 
Straight Talk From Ray the D.A.  

Straight Talk from Ray the D.A.

The Real Cost Of Crime In Lexington During 2009
 
The Cost of Crime in 2009The Cost of Crime in 2009The Cost of Crime in 2009The Cost of Crime in 2009 - - - $58,713,663.00
The Cost to Incarcerate in the Fayette County Jail for 2009 - - - $26,280,000.00.
That's DOUBLE the Cost of Incarceration!!!

The anti-incarceration crowd and their accomplices in the media never - never mention the COST of CRIME to victims - they only complain about the COST to INCARCERATE the criminals who commit all of those crimes.

The cost of incarcerating 1,200 inmates in the Fayette County Jail @ $60 per day:

    1,200 inmates x $60 per day = $72,000 daily cost of incarceration.
    $72,000 x 365 days per year = $26,280,000 annual cost of incarceration.

How to calculate the REAL cost of crime to the victim?

Mark Cohen, an analyst for the Federal Sentencing Commission, determined the real cost of crime by calculating the costs of pain, suffering and fear as a result of crime. How? In part, on jury verdicts in civil trials and how they apportioned damages between direct economic financial losses suffered by a crime victim and the pain and suffering they endured as a result of the crime they suffered.

Cohen's estimated average per-crime cost to victims was calculated in 1984 (using the value of the dollar in 1985) as follows:

Rape

$51,058

Robbery

$12,594

Assault

$12,028

Personal Theft

$181

Auto Theft

$3,127

Burglary

$939

The Cost of these Crimes to Crime Victims in 2009 Compared to the Cost in 1985 (using Cohen's 1984 cost calculations): 

 

Specific Crime

 No. of Specific Crimes

Cost Per Crime (in 1985 dollars)

Cost of 2009 Crimes (in 1985 dollars)

Cost of 2009 Crimes (in 2009 dollars)

Rape

110

$51,058

$5,616,380

$11,288,923

 Robbery

 531

$12,594 

$6,687,414 

$13,441,702 

Assault

1,002

$12,028

$12,052,056

$24,224,632

Larceny

6,301

$181

$1,191,523

$2,394,961

Auto Theft

504

$3,127

$1,576,008

$3,167,776

Burglary

2,223

$939

$2,087,397

$4,195,668

Total

 

 

$29,210,778

$58,713,663

Determining the Cost of Crime in 2009 Dollars:

A great tool when converting the present value of a dollar compared to the dollar's value in previous years is the CPI Inflation Calculator. This calculator represents the changes in prices from year to year, and has been calculated since 1913.

Based on the CPI Inflation Calculator, $1.00 in 1985 would be worth $2.01 today.

The Bottom Line:

In 2009, the REAL cost of crime to Lexington citizens was $58.7 million dollars.

The cost to incarcerate criminals ($26.28 million dollars) would be less than one-half the cost of those crimes committed in Lexington during 2009.

Editor's Comment: You do the math. Does it cost half as much to lock up those who commit crime-after-crime than it does to put them back on the street? The answer is simple. But the anti-incarceration gang and their accomplices in the media are more than happy to let the criminals out and shift the cost of crime from the government to the backs of the very citizens they are supposed to protect. They aren't listening to us.

 
Kentucky's Death Row  

The Killers of Kentucky's Death Row

Kentucky's Death Row Inmate Ronnie L. Boling
 
Ronnie Bowling, then and now.

Ronnie L. Bowling, then and now.

Ronnie L. Bowling
Male/White, 20 years old at the time
Victims:  Marvin Hensley & Ronald Smith

In Laurel County in 1989, this killer, Ronnie L. Bowling, executed two service station attendants in separate robberies. He shot and killed a service station attendant during the early morning hours of January 20, 1989, shooting the victim six times in the head, chest and back. In the early morning hours of February 22, 1989, Bowling shot and killed a service station owner in the head and hand. Bowling was arrested after attempting to rob a third service station on February 25, 1989. Bowling entered the station and had a brief conversation with the owner. As he turned to leave, he pulled out a revolver and began shooting at the owner, who was able to avoid the gunfire.  The Kentucky State Police were notified and they followed Bowling for some thirty miles before he finally stopped and was arrested.

Additional facts about the case:
Aggravating circumstances which made this case eligible for the Death Penalty:  multiple murders and murders which occurred during the commission of a robbery.
Length of appeal to date:  18 years.

 
Straight Talk From Ray the D.A.  

Straight Talk from Ray the D.A.

How Many Times Must We Re-Learn The Same Lesson?
 
Thomas Sowell

Thomas Sowell

When the incarceration rate goes up - the crime rate goes down.  So now that the crime rate has dropped, there are those working relentlessly to release even more convicted criminals.  Don't we owe our citizens a little protection from criminals?
 
Thomas Sowell
asked the same question a few years back.  He shared his typical commonsense thoughts. Professor Sowell wrote:
 
"A few years ago, East Palo Alto, California saw its highest murder rate in the country drop dramatically in just one year by doing just one thing - catching more criminals and locking them up.  Conversely, the state of Washington saw its crime rate soar as its imprisonment rate declined over three years.

The intelligentsia were lamenting the fact that the United States was locking up record numbers of criminals.  They were utterly baffled as to why the crime rate was declining.  It is easy to understand their confusion.  According to their theories, crime can only be reduced by getting at the 'root-causes' of crime by having all sorts of social programs called 'alternatives to incarceration.'

In their lofty and self-congratulatory view of the world, it is 'simplistic' to think murders will decline when more murderers are behind bars. . . Unfortunately others are paying with their lives for the presumptions of those who are anxious to blame 'society' for crime, and showcase their own 'superiority'." 

Aside from the trauma and deaths suffered by victims, study after study reveals that the financial cost of crime to innocent citizens dwarfs the cost of incarcerating the criminals who choose to commit those crimes.

Yet, at this very moment the intelligentsia and other ideological zealots who are in favor of turning prisoners loose are at work in Kentucky and around the country, trying to create laws to establish "alternatives to incarceration," that will permit the release of even more convicted criminals.

The question is not why they do this.  The real question is why the rest of us permit it to happen without protest.  The answer is, we really don't know what is happening to us until it has already happened.  Then it's too late.

 
Outrage  

Whose Side Is Our Government On, Anyway?

OutrageMore than 1,000 illegal immigrants who were charged in Texas with serious, REAL SERIOUS, crimes and jailed awaiting trial were deported by federal immigration authorities (I.C.E.) to their home country and set free.

SET FREE!

And just what crimes were these illegal aliens charged with committing?

128

Murder

400

Child Rapists & Molesters

300

Aggravated Assault, Robbery & Kidnapping
 
The message from our government:  CRIME PAYS!
 
Straight Talk From Ray the D.A.  

Straight Talk from Ray the D.A.

A Few Questions For The Folks Who Seem Determined To De-Criminalize Illegal Drugs
 

"Drugs are not a threat to American society because they are illegal;
They are illegal because they are a threat to American society."
The National Center on Addiction and Substance Abuse, at Columbia

 
The deterioration of a meth addict.
The deterioration of a meth addict.
We are hearing the drum beat of the de-criminalizers of illegal drugs and their accomplices in academia and the media that we have lost the war on drugs. They say we have failed because some people continue to use drugs.

They say that it is a mistake to criminalize the behavior of so many, and that our drug laws promote crime and weaken respect for our laws.

They seem to believe that if drug laws were de-criminalized and illegal drugs made available at low prices, crime would no longer be part of the drug culture. Gangs and drug dealers would be out of business; the killings, burglaries and robberies would cease.

They are just plain wrong!

First of all, we have no more lost the war on drugs than we have lost the war to prevent drunk driving, or murder, or shoplifting.

Just because some people continue to deal or use illegal drugs, or drive drunk or murder or shoplift, is no reason to throw up our hands and give up the fight to prevent such destructive behavior. But that is apparently what the de-criminalizers want us to do.

Experts tell us that only 10 percent of those who drink alcohol become problem drinkers, while 75 percent of the users of drugs like crack-cocaine or meth become addicted. Obviously, the de-criminalization of illegal drugs would lead to greater consumption, more addiction and more social problems, not less.

Why more drug addicts if illegal drugs were decriminalized? Many studies have shown that "that the fear of getting in trouble with the authorities" was a major reason young people do not use drugs.

So . . . just a couple of questions for those who want to de-criminalize drugs:

  1. How will society care for and pay for the attendant social costs of increased drug use and addiction (including family disintegration and child neglect) which will inevitably occur if drugs are de-criminalized?
  2. How will businesses deal with the inevitable absenteeism and drop in employee productivity if drugs are decriminalized?
  3. How will taxpayers pay for the expansion of social services and welfare programs which will no doubt be necessary to care for an increased number of drug addicts?

This must be what is meant by the term, "Unintended Consequences."

 
Crime Beat  

Crime Beat

Drunken Trucker Convicted Of Wanton Murder In Death Of Commonwealth's Attorney Doug Wright
 
By Kenton County Commonwealth's Attorney Rob Sanders
 
Hon. Douglas Wright

Hon. Douglas Wright

 
Congratulations to Commonwealth's Attorney Linda Tally Smith (Boone/Gallatin) and Commonwealth's Attorney Jim Crawford (Grant/Owen/Carroll) for the successful prosecution of Daniel Keith Gabbard for the Murder of Commonwealth's Attorney Douglas Wright in Pendleton County.  Wright was crushed to death when Gabbard's semi tractor crossed the yellow line and ran over Wright's car.
 
Prosecutors Linda Tally Smith & Jim Crawford

Prosecutors Linda Tally Smith & Jim Crawford

Gabbard admitted to consuming 16 beers while operating his commercial vehicle before striking Wright.  Over an hour after the crash, Gabbard's blood alcohol content (BAC) was still .18.  The legal limit is .08 for passenger vehicles but only .04 for commercial vehicles.  A jury deliberated for 2 1/2 hours before finding Gabbard guilty of the highest possible charge.  The same jury then recommended that Gabbard serve 20 years in prison.  Under Kentucky law, Gabbard must serve 85% of his sentence (17 years) and is not eligible for "good time" in prison.

Wright, 48, served as Commonwealth's Attorney for Pendleton, Robertson, Harrison, and Nicholas counties since 2006.  Wright leaves behind a wife, a 20 year old son, and a 13 year old daughter.  "Doug was a great prosecutor and a great friend," said Kenton County Commonwealth's Attorney Rob Sanders.  "I know Linda and Jim put a tremendous amount of work into this case and, with the eyes of Commonwealth's Attorneys around Kentucky on the trial, they did a fabulous job," said Sanders.

 
American D.A. - LIVE  

American DA - LIVE

Case #1:  The Manslaughter Case Against Sheila Whitler
 
Defendant Sheila Whitler

Defendant Sheila Whitler

On November 27, 2007, Sheila Whitler was driving her silver Porsche Boxter on the inner loop of Man O'War.  Other drivers who saw her driving observed what appeared to them to be reckless and dangerous driving.  At the intersection of Lyon Drive, Ms. Whitler's car struck and killed 31-year-old John Vice. He was thrown a significant distance and one of his legs was severed.  Ms. Whitler was driving with a 0.17 blood alcohol level (over twice the legal limit).  In addition, there were a number of prescription drugs in her blood and urine.
 
Prosecutor Lori Boling

Prosecutor Lori Boling

Sheila Whitler was charged by the Fayette County Grand Jury with Manslaughter in the Second Degree.  In late 2009, she went to trial.  After two days, she asked to change her plea to guilty as charged.  The Commonwealth recommended seven years in prison and Judge Pamela Goodwine followed that recommendation.

Listen to prosecutors Ray Larson, Lori Boling and Collision Reconstruction Supervisor Sgt. Paul Simms discuss this case with host Jack Pattie on the January 8, 2010 episode of American D.A. - LIVE.

WVLK 590 AMClick here to listen to the program.
 
 
Case #2:  The Case Of Burglar Cody Moore
 
Defendant Cody Moore

Defendant Cody Moore

Cody Moore is a burglar and, in 2008, he committed a burglary in the Chevy Chase area of Lexington.  He was prosecuted by the Office of the Fayette Commonwealth's Attorney.  Kimberly Henderson Baird and Kathy Phillips were responsible for the prosecution.
 
Prosecutors Kimberly Baird, left, & Kathy Phillips, right.

Prosecutors Kimberly Baird, left, & Kathy Phillips, right.

 
Burglary is a particularly offensive crime in that a burglar breaks into someone's home and typically takes property that the victim has worked hard to accumulate.

Listen as Kimberly H. Baird and Kathy Phillips discuss the prosecution of this prolific criminal on the December 18, 2009 episode of American D.A. - LIVE with host Scott Johnson and Fayette Commonwealth's Attorney Ray Larson.

 
Office News  
Sally Manning Appointed As An Assistant Commonwealth's Attorney
 
Sally Manning

Sally Manning

Fayette Commonwealth's Attorney Ray Larson announced that Sally Manning was sworn in as an Assistant Fayette Commonwealth's Attorney. Sally is a native of Marietta, Georgia. She graduated from Auburn University with a B.S. in English and received her J.D., magna cum laude, from the Cumberland School of Law of Samford University. She serves as Vice Chair of the Board of the Good Samaritan Foundation and is a Board Member of Prevent Child Abuse Kentucky. 
 
Sally Manning & Judge Kim Bunnell

Sally Manning & Judge Kim Bunnell

 
Sally previously worked in the Fayette Commonwealth's Attorney's Office from 1985 to 1993 before leaving to become the felony prosecutor in the felony division of the Fayette County Attorney's Office from 1993 to 2008. She rejoined the Fayette Commonwealth's Attorney's Office in January, 2010.
 
"Sally is one of the finest prosecutors I have ever been associated with. I and the rest of the staff are elated that she has returned to our office. She will be a credit not only to our office but to our entire community," said Ray Larson, Fayette Commonwealth's Attorney.
 
Office News  
Ben Starkey Appointed As An Assistant Commonwealth's Attorney
 
Ben Starkey at his swearing-in with Judge Thomas Clark.

Ben Starkey at his swearing-in with Judge Thomas Clark.

Lexington native Ben Starkey has been appointed as an Assistant Fayette Commonwealth's Attorney by Ray Larson, Fayette Commonwealth's Attorney. He is a graduate of Lexington Catholic High School and the University of Kentucky. He received his law degree from Salmon P. Chase College of Law at Northern Kentucky University.

Prior to joining the staff of the Office of the Fayette Commonwealth's Attorney,  Ben served as a prosecutor in the Fayette County Attorney's Office. Ben will focus on the prosecution of individuals who violate our drug laws.

 
Recent Court Case   
Burglary Spree Results In Lengthy Prison Sentence
 
Suspect Violated Bond Conditions Twice
 
Defendant Cody Moore

Defendant Cody Moore

In May of 2008 an elderly victim returned from vacation to discover that his home had been broken into and items including jewelry and a gun safe containing numerous firearms had been taken from the house.  The victim's car was also stolen.  Investigation led to the arrest of Cody Moore, age 19, on May 20, 2008 and the recovery of some of the victim's property.  Moore remained in custody until August 29, 2008, when his bond was reduced to 10% and he was put on electronic monitoring.  On September 12, 2008, his request to be released from electronic monitoring was granted by the Court.
 
Pills and money and recovered weapons.

Pills and money and recovered weapons.

On September 16, 2008, Lexington patrol officers responded to a burglary alarm at a pharmacy on the north side of the city.  Moore was spotted running out of the building and across New Circle Road; officers caught him after a brief chase in which they suffered minor injuries.  Officer recovered pills, money, and a room key to a nearby hotel from Moore.  Property including computer equipment, prescription blanks, and checkbooks that had been stolen in a burglary of a doctor's office the day before was discovered in the room.  At one point Moore threatened to kill the arresting officer and his family.

Moore was returned to the Fayette County Detention Center pending the resolution of his new charges.  In November of 2008 Moore pled guilty to charges in both cases including Burglary, Theft, Receiving Stolen Property, Fleeing or Evading Police, Resisting Arrest, and Terroristic Threatening.  His sentencing date was continued several times to give Moore the opportunity to apply for drug treatment programs.  He was released from the detention center on September 22, 2009 on a one-day pass and failed to return as ordered.  He also failed to appear for his sentencing date on October 1, 2009, which resulted in an additional charge of Escape.

In November of 2009 Moore was back in court for sentencing.  He pled guilty to the Escape charge and told the judge he had gone to New Mexico.  Because he was on bond for the residential burglary when he broke into the pharmacy, and again when he failed to appear in court, the sentences for the three felony cases ran consecutively for a total of 21 years.  He will be eligible for parole in November of 2012.

 
Recent Court Case   
Violent Assault Results In Prison Sentence
 
Defendant Jasur Muhaymin

Defendant Jasur Muhaymin

In the early morning hours of March 27, 2009, Lexington patrol officers responded to a residence in the downtown area regarding an assault complaint.  The first officers on the scene found a significant amount of blood on the floor of the house which led to the victim, a male in his 40's.  The victim was transported to the hospital, where surgery was required to treat several stab wounds in his neck and chest.  The suspect was identified as Jasur Muhaymin, age 45, who was related to some of the residents of the home, who had witnessed the attack.  It appeared that Muhaymin had been in the area and started an argument with the victim, who had been sitting on the porch.
 
Blood stains on the porch, left, and victim's stab wounds, right.

Blood stains on the porch, left, and victim's stab wounds, right.

   
Muhaymin fled the area but was located and interviewed several days later.  He initially stated he had been in another city at the time, then claimed that the victim had instigated the fight and that he had acted in self-defense.

Criminal records show prior convictions for Stalking, EPO Violation, and Menacing.  Muhaymin pled guilty to Assault and was sentenced to serve 10 years in the penitentiary.

 
Information Center  
The Fayette Commonwealth's Attorney's Office Criminal Trial Schedule is updated each Monday.  To see our trial schedule, click here.
 
To see the latest returns, including Indictments, Dismissals and cases Returned to District Court, click on the dates below:
 

Week of January 4, 2010:
 
 
Who Is On Home Incarceration In Lexington?  
Convicted Criminals In The Home Incarceration Program (HIP) in Lexington
 
Inmates who are nearing the end of their sentences can be placed into the Home Incarceration Program (HIP) under certain circumstances.  Offenders who are part of this program are technically still incarcerated; however, they are placed in the community under electronic monitoring rather than being behind the walls of a correctional facility.
 
To learn the identity of the inmates presently in the Home Incarceration Program in our community, click here.
 
Fayette Circuit Court Sentencings

Circuit Court Sentencings
Thursday, December 10, 2009

7th Division - Judge Ernesto Scorsone

CAUDILL, James O.


Age:  37

Caudill, James

Sentenced to 12 months in jail for the prosecution's amended charge of 2nd degree Wanton Endangerment and 12 months in jail for Violation of a Kentucky EPO/DVO, to run concurrently for a total of 12 months in jail, probated 2 years.  

DAY, Scott Wade



Age:  29

Day, Scott

REPEAT OFFENDER.  Sentenced to 5 years in prison for 3rd degree Burglary and status as a Persistent Felony Offender, probated 5 years.  

JONES, Kenneth Lammar


Age:  20

Jones, Kenneth

Sentenced to 1 year in prison for 1st degree Fleeing or Evading Police, 1 year in prison for Tampering With Physical Evidence, and 12 months in jail for Carrying a Concealed Deadly Weapon, to run concurrently for a total of 1 year in prison, probated 3 years.  

SANDERLYN, Marcus Thomas


Age:  30

Sanderlyn, Marcus

Sentenced to 1 year in prison for the prosecution's amended charge of 2nd degree Assault Under Extreme Emotional Disturbance and12 months in jail for Falsely Reporting an Incident, to run concurrently for a total of 1 year in prison, probated 4 years.  

SANTIAGO, Ariel Artega


Age:  35

Artego-Santiago, Ariel

Sentenced to 1 year in prison for 1st degree Possession of a Controlled Substance/Cocaine 1st offense, probated 3 years.  

 

Circuit Court Sentencings
Friday, December 11, 2009

3rd Division - Judge James Ishmael

ANTONIO-FUENTES, Luis Angel

Age:  27

Antonio-Fuentes, Luis

ILLEGAL ALIEN.  Sentenced to 90 days in jail for the prosecution's amended charge of 3rd degree Sexual Abuse, time servedIMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) NOTIFIED. 

AREKAPUDI, Raghav Chendra


Age:  19

Apekaupdi, Raghav

Sentenced to 12 months in jail for the prosecution's amended charge of 2nd degree Wanton Endangerment and 12 months in jail for Trafficking in Marijuana less than 8 ounces 1st offense, to run concurrently for a total of 12 months in jail, probated 2 years.  

COMLEY, Scotty Lee


Age:  24

Comley, Scotty

Sentenced to 1 year in prison for 3rd degree Burglary and 12 months in jail for the prosecution's amended charge of Criminal Attempt to 2nd degree Unlawful Transaction with a Minor, to run concurrently for a total of 1 year in prison.  Sent to prison 

DAVIS, Roger Dewayne


Age:  33

Davis, Roger

Sentenced to 1 year in prison for Theft by Deception over $300 and 12 months in jail each for the prosecution's amended charge of two counts of Theft by Deception, probated 3 years.  

GARRISON, Anthony Wayne


Age:  28

Garrison, Anthony

REPEAT OFFENDER.  Sentenced to 18 years in prison for 1st degree Robbery and 8 years in prison for Tampering With Physical Evidence and status as a Persistent Felony Offender.  To run concurrently in part and consecutively in part for a total of 20 years in prison.  Ordered to pay $1,283.00 in restitution.  Sent to prison.  

PRIBBLE, William


Age:  56

Pribble, William

Sentenced to 12 months in jail each for the prosecution's amended charge of two counts of 2nd degree Possession of a Controlled Substance, to run concurrently for a total of 12 months in jail, probated 2 years.  

SMITHER, Antonio Eumont


Age:  34

Smither, Anotnio

REPEAT OFFENDER.  Sentenced to 20 years in prison for 1st degree Robbery and status as a Persistent Felony Offender.  To run consecutively with any other cases.  Sent to prison.  

STINNETT, Daniel Colby


Age:  26

Stinett, Daniel

Sentenced to 12 months in jail for the prosecution's amended charge of Receiving Stolen Property under $300 and 12 months in jail for Fraudulent Use of a Credit Card under $300, to run concurrently for a total of 12 months in jail, probated 2 years.  

THOMAS, Dewayne Lamont

Age:  40

Thomas, Dewayne

Sentenced to 1 year in prison for Flagrant Non Support, probated 5 years.  Ordered to pay $12, 144.00 is arrearages.

WALLEN, Kathy Ann


Age:  42

Wallen, Kathy

Sentenced to 2 years in prison for 1st degree Possession of a Controlled Substance/Cocaine 1st offense, probated 5 years.  


 

4th Division - Judge Pamela Goodwine

BALCAR, Yale Larry


Age:  56

Balcar, Yale

Sentenced to 3 years in prison for Theft by Deception over $300, probated 5 years.  Ordered to pay $15,999.59 in restitution  

HARRIS, John Thomas


Age:  30

Harris, John

Sentenced to 4 years in prison for the prosecution's amended charge of Convicted Felon in Possession of a Firearm, probated 5 years.  

WOFFORD, Latonia Renee


Age:  26

Wofford, Latonia

Sentenced to 2 years in prison for 2nd degree Criminal Possession of a Forged Instrument, 1 year in prison for 2nd degree Criminal Possession of a Forged Instrument, and 12 months in jail each for two counts of the prosecution's amended charge of 2nd degree Criminal Possession of a Forged Instrument, to run concurrently in part and consecutively in part for a total of 3 years in prison, probated 5 years.  Ordered to pay $7,046.45 in restitution  

 

7th Division - Judge Ernesto Scorsone

CHAMBERS, Marcus Antwan


Age:  24

Chambers, Marcus

Sentenced to 12 months in jail for the prosecution's amended charge of Fraudulent Use of Credit Cards under $100 and 12 months in jail each for two additional counts of  Fraudulent Use of Credit Cards under $100, to run concurrently for a total of 12 months in jail. Sent to prison.  

 

8th Division - Judge Thomas L. Clark

ASHLEY, Brandon Rashaad

Age:  22

Ashley, Brandon

Sentenced to 5 years in prison for 1st degree Trafficking in a Controlled Substance/Cocaine 1st Offense.  Sent to prison.  

BENTLEY, Homer Glen Jr.


Age:  50

Bentley, Homer

Sentenced to 1 year in prison for 3rd degree Sodomy, probated 4 years.  20 year sex offender registrant and 5 year conditional discharge.  

BRUTON, Elizabeth Viola


Age:  26

Bruton, Elizabeth

Sentenced to 1 year in prison each for two counts of 2nd degree Forgery, 12 months in jail for Criminal Attempt 2nd degree Forgery, 12 months in jail each for 6 counts of the prosecution's amended charge of Criminal Attempt to 2nd degree Criminal Possession of Forged Instrument, and 12 months in jail for Fraudulent Use of Credit Card under $100, to run concurrently for a total of 1 year in prison. probated 2 years.  

DUFF, Adam Purnell


Age:  21

Duff, Adam

REPEAT OFFENDER.  Sentenced to 10 years in prison for 2nd degree Robbery and status as a Persistent Felony Offender.  Sent to prison.  

FREDERICK, Christopher Eugene

Age:  36 

Frederck, Christopher

Sentenced to 2 years in prison for Flagrant Non Support, probated 5 years.  

GABBARD, Robert Matthew


Age:  27

Gabbard, Robert

Sentenced to 12 months in jail for the prosecution's amended charge of Theft by Unlawful Taking, probated 2 years.  Ordered to pay $7,700.00 in restitution  

HUFF, Dallas Newton


Age:  28 

Huff, Dallas

Sentenced to time served for the prosecution's amended charge of 4th degree Assault.  Ordered to pay $100 in restitution, time served.  

LINTON, Alisha Hope


Age:  43 

No Picture

Sentenced to 12 months in jail for the prosecution's amended charge of 1st degree Criminal Trespassing, conditionally discharged 2 years.  

SIMMONS, Curtis Darnell


Age:  29

Simmons, Curtis

Sentenced to 2 years in prison for 4th degree Assault 3rd or greater offense within 5 years and 12 months in jail for Violation of a Kentucky EPO/DVO, to run concurrently for a total of 2 years in prison.  Sent to prison.  

STEPHENSON, Richard Scott


Age:  38

Stephenson, Richard

Sentenced to 5 years in prison for 1st degree Sexual Abuse and 10 years on other charges, to run concurrently for a total of 10 years in prison.  Sent to prison.  Lifetime sex offender registrant and 3 year conditional discharge.  

WILSON, James Michael


Age:  35

Wilson, James

Sentenced to 12 months in jail for the prosecution's amended charge of Receiving Stolen Property under $300, conditionally discharged 2 years.  

 

9th Division - Judge Kimberly Bunnell

CORNELIUS, Timothy D.


Age:  20

Cornelius, Timothy

Sentenced to 1 year in prison for 3rd degree Assault, 12 months in jail for 3rd degree Terroristic Threatening, 12 months in jail for 3rd degree Criminal Mischief, 90 days in jail for Menacing, and 12 months in jail for Resisting Arrest, to run concurrently for a total of 1 year in prison, probated 5 years.  Ordered to pay $360 in restitution.  

CRUM, Christopher Shayne

Age:  36

Crum, Christopher

Sentenced to 3 years in prison for Theft by Deception over $300, 12 months in jail each for 4 counts of the prosecution's amended charge of Theft by Deception under $300, 12 months in jail for Theft of Labor, and 12 months in jail each for two counts of Theft by Deception under $300, to run concurrently for a total of 3 years in prison, probated 5 years.  Ordered to pay $5,865.60 in restitution.  

DEERINGER, John Lee


Age:  40

Deeringer, John

Sentenced to 4 years in prison for Flagrant Non Support, probated 5 years.  Ordered to pay $52,852.80 in arrearages.  

LIAN, Gurong



Age:  27 

Lian, Gurong

Sentenced to 90 days in jail for the prosecution's amended charge of 3rd degree Sexual Abuse, probated 2 years unsupervised.  

MARCUM, Melissa Carol


Age:  37 

Marcum, Melissa

Sentenced to 1 year in prison for 2nd degree Trafficking in a Controlled Substance 1st offense, 12 months in jail for Possession of Marijuana, and 12 months in jail for Use/Possession of Drug Paraphernalia, to run concurrently for a total of 1 year in prison, probated 5 years.  

MUNDY, Jamele Wydale


Age:  19 

Mundy, Jamele

Sentenced to 3 years in prison for the prosecution's amended charge of 1st degree Possession of a Controlled Substance, 12 months in jail for Possession of Marijuana, 90 days in jail, $250 fine, 30 day license suspension for Operating a Motor Vehicle Under the Influence, and 90 days in jail for Controlled Substance Prescription not in Original Container, to run concurrently for a total of 3 years in prison, probated 5 years.  Serve 30 days in jail. 

MUNDY, Jamele Wydale


Age:  19

Mundy, Jamele

Sentenced to 12 months in jail for Possession of Marijuana, probated 2 years. 

Schafer, ChristopherSHAFER,
Christopher Evan
 
 
Age:  31 
Sentenced to 1 year in prison for Theft of Identity of Another without Consent, probated 5 years.

Fayette Circuit Court Sentencings

Circuit Court Sentencings
Thursday, December 17, 2009

7th Division - Judge Ernesto Scorsone

BROWN, William Weldon, Jr.



Age:  38

Brown, William

Sentenced to 12 months in jail for the prosecution's amended charge of Receiving Stolen Property under $300, probated 2 years.  

EVERSOLE, Lisa Marie


Age:  29

Eversole, Lisa

REPEAT OFFENDER.  Sentenced to 5 years in prison for 3 counts of Criminal Possession of a Forged Instrument and status as a Persistent Felony Offender, probated 5 years.  

HALL, Ronald Elliott


Age:  47 

Hall, Ronald

Sentenced to 2 years in prison for 2nd degree Forgery, 12 months in jail for the prosecution's amended charge of Criminal Attempt at 2nd degree Forgery, 12 months in jail for the prosecution's amended charge of Criminal Attempt at Theft/Receipt of Stolen Credit Card, 3 years in prison for 3rd degree Burglary, 12 months in jail for Fraudulent Use of Credit Card, 1 year in prison for 1st degree Possession of Controlled Substance, and 12 months in jail for the prosecution's amended charge of 1st degree Possession of Controlled Substance, to run concurrently for a total of 3 years in prison. Sent to prison

POTTS, Steven Douglas


Age:  27

Potts, Steven

Sentenced to 12 months in jail for the prosecution's amended charge of Theft by Unlawful Taking, probated 2 years.  

WOODS, Albert



Age:  56

Woods, Albert

Sentenced to 5 years in prison for the prosecution's amended charge of Theft by Unlawful Taking. Sent to prisonOrdered to pay $150 in restitution.

 

Circuit Court Sentencings
Friday, December 18, 2009

3rd Division - Judge James Ishmael

BOTTO, Kyle Dixon


Age:  20

Botto, Kyle

Sentenced to 3 years in prison for the prosecution's amended charge of 3rd degree Burglary, 1 year in prison for Theft by Unlawful Taking over $300, 12 months in jail each for the prosecution's amended charges of 2 counts of Theft by Unlawful Taking under $300, 12 months in jail for Theft of Motor Vehicle Registration Plate, 12 months in jail each for two counts of 2nd degree Criminal Mischief, 12 months in jail for Possession of Burglary Tools, and 12 months in jail for Carrying a Concealed Deadly Weapon, to run concurrently for a total of 3 years in prison. Sent to prison.

BUTLER, Aaron Domonic


Age:  20

Butler, Aaron

Sentenced to 5 years in prison for 1st degree Trafficking in Controlled Substance. Sent to Prison.

JOHNSON, William W.


Age:  51

Johnson, Willam

Sentenced to 1 year in prison for Flagrant Non-Support. probated 5 years. Ordered to pay $23,699.12 in arrearages.

MASON, Aaron Joel


Age:  35

Mason, Aaron

Sentenced to 12 months in jail for the prosecution's amended charge of Non Support, probated 2 years.  Ordered to pay $19,724.56 in arrearages.

MITCHELL, Antonio Jerode


Age:  23

Mitchell, Antonio

REPEAT OFFENDER.  Sentenced to 10 years in prison for 1st degree Trafficking in Controlled Substance and status as a Persistent Felony Offender and 5 years in prison for Trafficking in Marijuana, to run consecutively for a total of 15 years in prison, Sent to prison.  

MORTON, Jinelle Renee


Age:  28

Morton, Jinelle

Sentenced to 1 year in prison for Flagrant Non-Support, probated 5 years.  

ROSS, Edwina Denise


Age:  39

Ross, Edwina

Sentenced to 1 year in prison for 2nd degree Use/Possession of Controlled Substance, probated 3 years.

STINE, Travis Stephen


Age:  19

Stine, Travis

Sentenced to 2 years in prison for the prosecution's amended charge of 3rd degree Burglary, 2 years in prison for Theft by Unlawful Taking, 12 months in jail each for the prosecution's amended charges of 2 counts of Theft by Unlawful Taking under $300, 12 months in jail each for 2 counts of 2nd degree Criminal Mischief, and 12 months in jail for Possession of Burglary Tools, to run concurrently for a total of 2 years in prison. Sent to prison.

SULLIVAN, Joseph Lee


Age:  26

Sullivan, Joseph

Sentenced to 1 year in prison for Trafficking in Controlled Substance and 12 months in jail for Use/Possession of Drug Paraphernalia, to run concurrently for a total of 1 year in prison. Sent to prison.

 

4th Division - Judge Pamela Goodwine

BRANK, Darian Lamont



Age:  20

Brank, Darian

Sentenced to 5 years in prison for the prosecution's amended charge of 2nd degree Robbery, and, in a separate case, 12 months in jail for the prosecution's amended charge of Criminal Facilitation to 2nd degree Robbery, probated 5 years. Ordered to pay a total of $565 in restitution.

CULLY, Carylee


Age:  28

Cully, Carylee

Sentenced to 2 years in prison for 2nd degree Forgery. Sent to prison. Ordered to pay $970 in restitution.

HERNANDEZ-RODRIGUEZ, Daniel

Age:  25

Hernandez, Daniel

ILLEGAL ALIEN: Sentenced to 5 years in prison for 1st degree Trafficking in Controlled Substance, serve 1 year in prison. Conditionally Discharged. IMMIGRATION CUSTOMS ENFORCEMENT (ICE) NOTIFIED.     

WHITLER, Sheila



Age:  42

Whitler, Sheila

Sentenced to 7 years in prison for 2nd degree Manslaughter and 45 days in jail for Operating Motor Vehicle Under the Influence of Alcohol/Drugs, to run concurrently for a total of 7 years in prison.  Sent to prison.

PETERSEN, Lennette Lynn


Age:  49

Petersen, Lennette

Sentenced to 1 year in prison for Receiving Stolen Property, probated 3 years.

7th Division - Judge Ernesto Scorsone

THURMAN, Robert Lynwood, Jr.

Age:  42 

Thurman, Robert

Sentenced to time served for the prosecution's amended charge of 2nd degree Criminal Mischief.  Time served.

 

8th Division - Judge Thomas L. Clark

BAKER, Edward Clarence



Age:  43

Baker, Edward

Sentenced to 2 years in prison each for two counts of 3rd degree Burglary and 90 days in jail for the prosecution's amended charge of Criminal Trespass, part of which is to run consecutively and part concurrently for a total of 3 years in prison. Sent to prison. Ordered to pay $250 in restitution. 

COLE, Jennifer Lynn


Age:  29

Cole, Jennifer

Sentenced to 3 years in prison for 1st degree Possession of Controlled Substance and 45 days in jail for Operating a Motor Vehicle under Influence of Alcohol/Drugs, Diverted for 5 years. 

DECQUIR, Xavimen Christopher

Age:  20

Dequir, Xavimen

Sentenced to 1 year in prison for the prosecution's amended charge of Assault Under Extreme Emotional Disturbance and 12 months in jail for the prosecution's amended charge of Criminal Attempt at Tampering with Physical Evidence, to run concurrently for a total of 1 year in prison.  Sent to prison.  Ordered to pay $32,718.59 in restitution.

DILUNA, Lisa Marlene



Age:  42

Diluna, Lisa

Sentenced to 12 months in jail each for 6 counts of the prosecution's amended charges of Theft by Deception under $300, and 3 years in prison for Theft by Deception over $300, to run concurrently for a total of 3 years in prison, probated 4 years.

MADISON, Leray Maxine


Age:  45

Madison, Leray

Sentenced to 1 year in prison for the prosecution's amended charge of Assault Under Extreme Emotional Disturbance.  Sent to prison.

MILLER, Lonnie Matt II


Age:  32

Miller, Lonnie

Sentenced to 5 years in prison each for three counts of 3rd degree Burglary, part to run concurrently and part consecutively for a total of 9 years in prison. Sent to prisonOrdered to pay $1701 in restitution.

STONE, Patricia Alma


Age:  27

Stone, Patricia

Sentenced to 12 months in jail for the prosecution's amended charge of Theft by Unlawful Taking under $300, probated 1 year.

WARREN, Charles New


Age:  50

Warren, Charles

Sentenced to 90 days in jail for the prosecution's amended charge of 2nd degree Wanton Endangerment, 30 days in jail for Menacing, 30 days in jail for Harassment, and 30 days in jail for 2nd degree Disorderly Conduct, to run concurrently for a total of 90 days in jail, probated 2 years. 

9th Division - Judge Kimberly Bunnell

BLEVINS, Tracy Ann


Age:  46

Blevins, Tracy

Sentenced to 1 year in prison for 1st degree Possession of Controlled Substance, and 12 months in jail for Use/Possession of Drug Paraphernalia, to run concurrently for a total of 1 year in prison, probated 5 years. 

BOYD, Benjamin James


Age:  28

Boyd, Benjamin

Sentenced to 1 year in prison for 2nd degree Trafficking in Controlled Substance, 12 months in jail for 2nd degree possession of Controlled Substance, 12 months in jail each for two counts of 3rd degree Possession of Controlled Substance, 12 months in jail for Trafficking in Marijuana, 12 months in jail for Possession of Marijuana, and 12 months in jail for Use/Possession of Drug Paraphernalia, to run concurrently for a total of 1 year in prison, probated 5 years. 

COTTONGIM, Toleman


Age:  65

Cottongim, Toleman

Sentenced to 12 months in jail for the prosecution's amended charge of Criminal Attempt at Unauthorized Procurement of Controlled Substance, probated 2 years.

GREER, Emilio



Age:  20

Greer, Emilio

Sentenced to 12 months in jail for the prosecution's amended charge of Theft by Unlawful Taking under $300, probated 2 years. Ordered to pay $2,160 in restitution. 

MCCALL, Terry Lee


Age:  30

McCall, Terry