Archived Court Cases No. 1

Lexington, KY.  On May 27, 1999, two prisoners, Jeffrey Howard and William Bunch, who were serving time in the Blackburn Correctional Complex, were discovered missing during an emergency inmate count called after one of the them was reported missing from his work detail.

Charges were filed for the charge of Escape and warrants were issued for their arrest.  Six days later, on June 2, 1999, information was provided by a citizen that two escapees had been spotted.  The two men were found camped out in a wooded area by police dogs.

Jeffrey Howard was arrested and subsequently pled guilty to the charges of Escape and Persistent Felony Offender in the second degree.   He received a sentence of five years in prison to run consecutive to the time he was completing on an eight-year sentence on the charge of Robbery 2nd degree when he escaped.

William Bunch was also charged and pled guilty to the charges of Escape and Persistent Felony Offender in the First Degree.  He received a sentence of 10 years to run consecutive to his prior felony sentences.  He had previously been convicted of Forgery Second Degree, Trafficking in a Controlled Substance, Burglary, and over a dozen misdemeanor convictions.

In a refreshing reminder that being convicted of a felony -- even your first -- can land you in the "pen," Perry was not probated but ordered to serve his time.

Commonwealth's Attorney Ray Larson and Assistant District Attorney Devon Anderson address the media

Lexington, KY.  Prosecutors and investigators traveled to Lexington to meet with their counterparts as they prepared for the February 14, 2000, trial of Angel Maturino Resendez in Houston, Texas.

Assistant District Attorney Ted Wilson	Texas Ranger Drew Carter

Assistant Harris County District Attorneys Devon Anderson and Ted Wilson, DA Investigator Johnny Bonds, and Texas Ranger Drew Carter met for two days with Fayette Commonwealth's Attorney Ray Larson, First Assistant Mike Malone, Lexington Police Detective Sgt. Mark Barnard and Det. Craig Sorrell to review the facts and circumstances surrounding the robbery and murder of Christopher Maier and rape of his companion, in preparation for the trial.

During the meeting they met with the surviving victim and visited the scene of the crime.

A search warrant executed by the Lexington Police revealed a personal computer which printed the forged prescription forms, and over 250 forged prescription blanks. The defendant was identified by the pharmacists, and he confessed to the crimes.

Breeding was charged with Obtaining a Controlled Substance by Fraud and of being a Persistent Felony Offender. He plead guilty. His criminal record reveals that was previously convicted of the same offense in 1995.

The Judge probated the defendant. The prosecutor objected to probation and appealed, saying that the law did not allow the defendant to be probated. The Kentucky Court of Appeals reversed the Judge's decision to probate, and required Breeding to be sent to the penitentiary for 5 years.

During the investigation that followed, police observed inconsistencies in the story told by Elliott, and asked her to take a polygraph. Shortly before the polygraph, Elliott came to the Police Department and gave a statement. She admitted her involvement in the robbery, and identified the men in the Halloween masks as fellow Arby's employee John Rowland and friend Danny Dunn.

Rowland and Dunn were charged with robbery and Elliott was charged with theft. On February 27, 1998 Rowland and Dunn were sentenced to 7 years imprisonment, and Elliott was sentenced to 5 years in the penitentiary.

Within 3 months, all were released from prison and placed on probation.

Franklin, a repeat offender, had been previously convicted of a felony, and been released from the penitentiary only 8 months earlier. He was charged with both robbery and being a Persistent Felony Offender. He plead guilty and was sentenced to 10 years in prison.

The defendant Bell had been previously convicted of Robbery 1st Degree, Escape, and of being a Persistent Felony Offender in the 2nd Degree. He has been paroled on four different occasions and returned to prison either for a new conviction or a violation of the conditions of parole.

The Judge sentenced him to serve 50 years in addition to the 20 years remaining on his previous sentences.

The defendant was sentenced to 25 years, but was probated on condition that he make restitution and pay his child support. His restitution was set at $250.00 per month. At that rate the restitution will be paid off in 32 years.

A Fayette County Jury convicted the defendant and, during the penalty phase of the trial, heard evidence of his 6 prior felony theft convictions and 2 misdemeanor convictions, and that he had been in and out of prison for more than 10 years.

The jury recommended that Dunson be sent to the penitentiary for 15 years and was sentenced to 15 years at final sentencing.

Travis Wolfe and the other juvenile assaulted Carlos Hegge with a police baton and nunchuks because they suspected that he stole a pack of cigarettes from them. After the assault they returned to Wolfe’s home on Crosby Drive. Five police officers approached Wolfe’s home. Wolfe and the juvenile opened the front door and aimed a rifle and shotgun at the officers. Assistant Commonwealth’s Attorney Kathy Franks prosecuted the case.

Travis Wolfe, 17 was sentenced to serve 5 years in prison, and the other juvenile was sentenced under the juvenile code. The juvenile code prohibits the public from having access to information about crimes committed by most juveniles.

He plead guilty to 4th Offense DUI and to being a Persistent Felony Offender in the 1st Degree. Assistant Commonwealth’s Attorney Traci Caneer recommended that the defendant be sentenced to 10 years in the pen. Reynolds, a repeat offender, had the following prior felony convictions:

1982   Grand Larceny
1985   Escape
1995   Trafficking in a Controlled Substance 1st Degree

Reynolds was sent to the penitentiary to serve 10 years.

Rigney plead guilty to Burglary and to being a Persistent Felony Offender in the 2nd Degree, and, upon the recommendation of Assistant Commonwealth’s Attorney Traci Caneer, was sentenced to 5 years in the penitentiary.

The defendant is a repeat offender. In 1993 he was convicted of two counts of Sodomy in the 2nd Degree in Breathitt County, for which he was sentenced to 5 years in the penitentiary. He served 2 years and seven months of that sentence when he was paroled.

Fayette Circuit Judge Lewis Paisley sent Rigney to the penitentiary to serve his sentence.

The jury recommended a sentence of 15 years.  The police found Grubb passed out behind the wheel of a car with the engine running and the headlights on.  This was Grubb's eighth DUI conviction since 1992.   The judge accepted the jury's recommendation and sentenced Grubb to 15 years in prison.

At his trial on June 1 and 2, 1999, which was prosecuted by Assistant Commonwealth's Attorney Joe Bouvier, Spears offered psychiatric testimony claiming that he shot his wife while under extreme emotional disturbance.  The jury rejected this defense, and convicted him of murder.  He was sentenced to twenty years on July 9, 1999.

Defendant Steals $271,640 From Elderly Alzheimer Patient, Gets Shock Probation After Serving Only Six Months.

The defendant Dickerson became Power of Attorney for Mrs. Neale's financial affairs in 1994, after his father, who had previously held her Power of Attorney, died.  Dickerson began to steal from her funds immediately.  The majority of the stolen money was used for payment of his own personal debts and living expenses, as well as to support a girlfriend.

Dickerson confessed to the theft after he had spent Mrs. Neale's funds down to almost nothing, and he realized that he would have to answer questions when he couldn't continue to pay for her nursing home and medical bills.   The defendant was later granted shock probation and released after serving about six months.

Chenault was arrested by the Narcotics Unit of the Lexington Division of Police after he sold crack cocaine to an undercover informant on three separate occasions in January.  Chenault had previously been convicted of Trafficking in a Controlled Substance and Possession of a Controlled Substance in 1996.  His six-year sentence was probated by the judge and he was placed in Drug Court.  Chenault's probation was conditionally discharged in October 1999 and the Commonwealth's Attorney has moved for the revocation of that discharged sentence.  Chenault was sentenced to twenty-six years in the penitentiary at final sentencing.

Defendant Convicted of Stealing Insurance Premiums.

On September 22, 1998, a jury found the defendant guilty of twenty-three counts of Theft By Failure to Make Required Disposition and one count of Forgery 2nd Degree.  She was sentenced to one year, probated for three years with a condition that she serve 90 days of home incarceration and pay restitution.

In her closing argument to the jury, prosecutor Henderson said, "We are here today because this defendant could not pay $15 per week, $2 per day, .71¢ per meal for this child."  The defendant had in excess of 19 prior criminal convictions, including Criminal Possession of a Forged Instrument Second Degree, Escape Third Degree, Forgery Third Degree, Disorderly Conduct, Terroristic Threatening, Receiving Stolen Property, and numerous Probation Violations.  

After deliberating for 10 minutes on guilt and 30 minutes on penalty, the jury recommended the maximum punishment of 10 years for the defendant.  Dobbins was probated for five years by the judge at final sentencing.

Lew Perrin McGee Sentenced For $2.8 Million Theft In Investment Scheme.

On March 3, 1998, McGee entered a guilty plea, admitting that he never made the investments and used the money for his own purposes.  On April 3, 1998, the Court sentenced the defendant to twenty years to serve in prison.

Unfortunately, it is a hollow victory.  The real story, as reported in the Lexington Herald-Leader, is that after he stole $3.1 million and borrowed $3.4 million more, McGee has only $140,000 left to pay both his victims and creditors.  So, Mr. McGee, where did all that money go?

The defendant is serving a 20 year sentence, and will be eligible for parole after serving only four years.  The message to the rest of us is pretty simple?  Crime Pays!

Howard was indicted for Murder and Persistent Felony Offender.  A jury trial was held on February 16 and 17, 1999.   The defendant was prosecuted by Assistant Commonwealth's Attorney Lou Anna Red Corn.  The jury found Howard guilty of Second Degree Manslaughter and recommended a sentence of 10 years.  The jury further recommended that the 10 year sentence be increased to 16 years because of Howard's status as a Persistent Felony Offender. Howard was sentenced to 16 years imprisonment on March 19, 1999.

On January 19 and 20, 1999, the case went to trial and was prosecuted by Assistant Commonwealth's Attorney Dan Laren.  A jury returned a verdict of Manslaughter Second Degree and the judge sentenced Ms. Kincaid to seven years in prison.

Lopez was prosecuted by Assistant Commonwealth's Attorney Dan Laren and on January 12, 1999, pled guilty to Murder on January 12, 1999 and was sentenced to 30 years imprisonment on February 12, 1999.

Assistant Commonwealth's Attorneys Kim Bunnell and Traci Caneer prosecuted this case at a jury trial on July 21-22, 1999.  Evidence presented during the trial included a video and letter that the defendant had left at his home that described how he had planned to kill Ms. Welch and then himself.  The plan changed.

The jury found the defendant guilty of Murder and recommended a sentence of 33 years in prison.   The judge accepted the jury's recommendation and sentenced Lukins to 33 years in prison at final sentencing.

The defendant was prosecuted by Assistant Commonwealth's Attorneys Kim Bunnell and Amanda Naish.  At the conclusion of the trial, the jury found Merriweather guilty of Manslaughter Second Degree and Tampering with Physical Evidence.  On March 19, 1999, Merriweather was sentenced in the Fayette Circuit Court to 10 years in prison.

Defendant Pleads Guilty to Life Insurance Premium Theft Scheme.

The defendant pled guilty to Theft By Failure to Make Required Disposition of Property Over $300 and on November 1, 1996, was sentenced to serve three years.  The Kentucky Supreme Court affirmed the decision.