Archived Court Cases No. 4

Juvenile Sentenced In Shooting Of Another Youth.

Lexington, KY. Marcus Parrish, 16 years old, was sentenced to 6 years and committed to the Department of Juvenile Justice until his 18th birthday. Parrish pled guilty to shooting another youth in October of 1999. The youth was not seriously injured. Parrish was also convicted of harassing a witness for statements made to another youth who was present during the shooting.

Defendant, Guilty Of Theft And Failing To Pay Child Support, Sentenced To 10 Years, But Probated.

Lexington, KY. Carl H. Moran entered a guilty plea to Felony Flagrant Non-Support and Theft By Unlawful Taking Under $300. The Non-support charge is yet another felony in Moran’s growing collection. As a result, Moran is a Persistent Felony Offender.

On December 7, 1999, Moran was caught assisting an employee of JC Penny in the theft of merchandise, in this case, leather coats. The now-former employee removed the merchandise from the storeroom, placed it in garbage boxes and placed it outside. Police surveillance revealed that Moran waited outside to retrieve the "garbage." Moran confessed to his involvement after he was caught leaving the scene with the goods in his possession.

Moran was also separately charged with and pled guilty to non-payment of child support, having amassed over $12,000 in unpaid support due his children. He was formally sentenced on June 16, 2000, to 10 years on both charges, as recommended by the prosecutor, but his sentence was probated by the judge for 5 years.

Burglar Sent To Prison For 5 Years.

Lexington, KY. On April 10, 2000, Deborah Bray entered a guilty plea to Burglary 2^nd degree and was ordered by the judge to enter and complete the Drug Court program. On June 6, 2000, Bray was terminated from Drug Court because she had absconded from the program and had missed court appearances.

Bray’s probation was subsequently revoked and she was ordered to serve 5 years in prison.

Defendant Convicted Of Multiple DUI's Sent To Prison.

Lexington, KY. On November 21, 1997, Laconda Jacobs entered a guilty plea to 1 year for Driving Under The Influence, 4^th offense within 5 years, and 1 year for Operating on DUI Suspended License, 3^rd offense.

On December 12, 1997, Jacobs’ sentence was probated for 5 years after serving 120 days in jail.

On June 9, 2000, Jacobs’ probation was revoked and he was sent to prison for 2 years. His probation was revoked because he was convicted of yet another DUI and Operating on DUI Suspended License.

Shooter Pleads Guilty In Christmas Night Assault.

Lexington, KY. Police responded to a "shots fired" call on Eastern Avenue at 11:30 p.m. on December 25, 1999. They found O’Shea Ward, 27, on the floor of the apartment suffering from gunshot wounds to the chest, abdomen, and arm.

The victim and two eyewitnesses at the location identified the shooter as "J-Dog," who is known by the Lexington Police Department as Jason Eggerson, 24, based on his extensive criminal history. Eggerson was spotted by an alert patrol officer at a fast-food restaurant, arrested, and charged with the Christmas night assault.

Eggerson’s criminal record reveals over 30 contacts with the court system since his 18^th birthday. Prior misdemeanor convictions include unauthorized use of a motor vehicle, possession of marijuana, carrying a concealed deadly weapon, giving peace officers a false name, public intoxication, resisting arrest, facilitation of drug trafficking, bail jumping, shoplifting, and assault. "J-Dog" has numerous convictions for criminal trespass based on his continued appearance in public housing, areas known for crime and drugs. He pled guilty to the assault charge and was sentenced to ten years in prison.

10 Year Sentence Given For Burglary Of Friend's Residence.

Lexington, KY. Emmanuel Eugene Bell pled guilty to 2^nd Degree Burglary and 1^st Degree Possession of Drug Paraphernalia stemming from his February 23, 2000 burglary of a friend’s residence.

Bell was caught trying to cash one of the checks he had stolen, having already sold the camera, gold watch and other personal items he took from the home. Unable to convince the police that he had either been given the check, found the checkbook under a tree or in a mall parking lot, he finally admitted that he went to the home to visit the victim’s girlfriend. Finding no one home, he decided to break in. At the time of his arrest, police also found a crack pipe in Bell’s possession.

A 1995 conviction for Trafficking in Controlled Substances makes Bell a Persistent Felony Offender. As a result, on June 8, 2000 he was formally sentenced to prison for ten years.

Defendant's Probation Revoked Twice In Two Months.

Lexington, KY. James McPherson pled guilty to Fraudulent Use of a Credit Card and Possession of Drug Paraphernalia on March 3rd of this year. His two-year sentence was probated for a period of 5 years, or the length of time needed to pay his restitution amount of $3,451.93. Within a month, McPherson violated his probation by traveling to Ohio without contacting his probation officer. His probation was revoked, but quickly reinstated. He then went to Ohio again, where he was arrested for traffic violations. His probation has been revoked for the second time in a little over two months.

Guilty Plea To Marijuana And Drug Paraphernalia Possession Gets 3 Year Probated Sentence.

Lexington, KY. Michael Lee Ball pled guilty to Possession of Marijuana and Possession of Drug Paraphernalia, Second Offense. A concerned citizen complained that Ball was selling drugs out of his apartment, so an officer knocked on Ball’s door. The officer saw marijuana in plain view, and arrested Ball. He then searched the apartment and found drug paraphernalia for both marijuana and crack. Ball was sentenced to 1 year probated for a period of three years.

Burglar Receives 5 Years As A Persistent Felon.

Lexington, KY. Anthony Walker pled guilty to 3^rd Degree Burglary with 1 year imprisonment, which was enhanced to 5 years maximum because of his status as a Persistent Felony Offender. The charge arose when a local student came home to Walker in her apartment. He fled and she called the police, who later picked him up. He stole $40 cash from the student, which he is required to repay. The police also found the missing belongings of several other area residents in Walker’s home.

Probated Drug Trafficker Tests Positive For Cocaine, Revoked And Sent To Prison For 3 Years.

Lexington, KY. Steven Gabbard was charged with Trafficking in Marijuana and Possession of Drug Paraphernalia when, pursuant to a search warrant, narcotics officers searched his home and found 2 pounds of marijuana, more than $10,000 cash, electric scales, and rolling papers. Gabbard was sentenced to 1 year on count 1 and 12 months on count 2, which was probated for 3 years. Less than 6 months later, his probation was revoked, because he tested positive for cocaine 4 times.

Defendant In Court 3 Times On Probation Revocation Motions, Finally Sent To Prison.

Lexington, KY. On May 19, 1999, David Bryan pled guilty to Theft by Unlawful Taking and was sentenced to one year in prison, which was probated for five years. Bryan was brought back to court three times on probation revocation motions, and three times he was given another chance. Finally, his probation was revoked and he was sent to prison.

Marijuana Dealer Probated 3 Times, Fails Drug Court, Sent To Prison For 5 Years.

Lexington, KY. In April of 1997, Lexington patrol officers were dispatched to an apartment on Liberty Road to answer complaints of narcotics trafficking in the area. Richard Kareken, who was 18 at the time, and several friends were smoking marijuana when the police arrived. The subsequent search of the apartment led to the discovery of approximately 1/2 pound of marijuana, 6 grams of hallucinogenic mushrooms, scales, pipes, papers, a fake ID with Kareken's picture, and $4,200.

Kareken was sentenced to 5 years in prison, however he was probated . He violated the terms of his probation two months later by testing positive for marijuana. He was probated again and sent to Drug Court.

After 15 months in Drug Court, Kareken was suspended from the program in November of 1998 and he was probated again. He was required to serve 3 months in the Fayette County Detention Center.

Shortly after his release, Kareken absconded from supervision.

Kareken was arrested on new criminal charges; his probation was finally revoked on June 2, 2000, and Kareken was sent to prison to serve the remainder of his 5 year sentence.

Probated Sex Offender Probated Again.

Lexington, KY. On July 27, 1998, Phillip Wayne Himes pled guilty to Sexual Misconduct. Age 24 at the time of the offense, he admitted to having sexual intercourse with his girlfriend of 1 1/2 months, whom he knew to be only 15 years of age. Ten months passed before the offense was discovered. The girl's mother learned her daughter was pregnant when she took her to the emergency room for stomach pains. Himes had been living with both the girl and her mother, who approved of the coupling, stating that Himes helped with the rent and groceries and that he "was good to" the young girl. Despite the fact that Himes was on probation at the time for a prior shoplifting charge, Himes received a 12 month sentence but was placed on 2 years probation.

Himes has once again violated his probation. This time, for failure to appear, failure to pay restitution and failure to abstain from the use of controlled substances. On May 12, 2000, his probation was partially revoked. He must serve 4 months in the county jail with work release, then continue on probation.

"Crack" Dealer Convicted Of Selling Crack For Stolen Furniture -- Probated By Judge.

Lexington, KY. Michael D. Allen was convicted of Possession of a Controlled Substance, Receiving Stolen Property, and Possession of Drug Paraphernalia.

Tracy Hernandez, also of Lexington, was house-sitting for the victim. The victim arrived home after being gone a week to discover that his furniture and other belongings had been sold by Tracy Hernandez to Michael D. Allen for crack. A search of Allen's apartment discovered the victim's stolen belongings and crack cocaine.

Allen was sentenced to 5 years for the Possession of a Controlled Substance, 12 months for Receiving Stolen Property, and 10 days for the Possession of Drug Paraphernalia. He is on probation for 5 years. Tracy was arrested for Theft by Unlawful Taking.

Extensive Criminal History Finally Lands Career Criminal In Prison For 20 Years.

Lexington, KY. In December of 1997, Glenn "Ike" Odell, 23, and a co-defendant broke into a disabled woman's apartment and stole her VCR and class ring. Odell, who claimed to be the woman's boyfriend, pled guilty to the theft. He was sentenced to 2 years but was later placed on shock probation by the judge.

He absconded from supervision and was eventually caught and returned to prison. Odell served his sentence and was released in March, 1999.

On January 6, 2000, Odell and a different co-defendant broke into the apartment of a man Odell had met several weeks earlier at a local bar. Once inside, the two defendants beat the victim with a flower pot and a clothes iron, causing injuries to the victim's head and neck that required almost $2,000 in treatment. The defendants stole the victim's television, stereo, and checkbook before fleeing.

Both defendants were located and arrested the next day. The police investigation led to the discovery of the victim's property. The police also located security tape and witness testimony that showed both defendants cashing one of the victim's stolen and forged checks.

Odell's criminal history includes convictions for escape, theft, unauthorized use of a motor vehicle, and two probation violations. He pled guilty to First Degree Robbery and as a Persistent Felony Offender and was sentenced to serve 20 years.

Shoplifter Convicted, Judge Probates Her. While On Probation, She Is Convicted Of Shoplifting Again -- Judge Reprobates Her.

Lexington, KY. On August 7, 1999, Kimberly Jo Baker was arrested for attempting to steal $629.61 worth of merchandise from Dillard's. She was apprehended while trying to drive away with the merchandise and was charged with Theft By Unlawful Taking.

Baker was sentenced to 12 months, probated for 2 years. She was charged with violating her probation when she was arrested and convicted on yet another shoplifting charge. Her probation was revoked but then she was reprobated by the judge and required to complete the PRIDE program.

Former Winn Dixie Employee Pleads Guilty to 2 Counts of 3rd Degree Burglary.

Lexington, KY. Shane David Hayden was sentenced to 2 years in prison for stealing cigarettes, sodas, coins from soda machines, and lottery tickets from a Winn Dixie where he was formerly employed. The judge probated him.

Hayden was identified after he cashed the stolen lottery tickets at a Super America. An investigator from the Kentucky Lottery tracked the stolen tickets to the Super America and obtained a surveillance video. The Winn Dixie store manager identified the man cashing the tickets as Shane David Hayden, a former employee of his store.

On January 11, 2000, Hayden was attempting to steal from the same store when the assistant manager found him hiding in the bakery department. The two struggled and Hayden fled the scene. Hayden came to the police department and he took responsibility for both incidents.

Multiple Car Thief Sent To Prison.

Lexington, KY. Justin Pleus was convicted of 4 counts of Receiving Stolen Property and 1 count of Fleeing or Evading Police.

On February 17, 2000, police were attempting to question Pleus about another incident when he began to drive aggressively, trying to evade the officers. A search on the license plate found that the plate was stolen. He was finally arrested on February 23rd in a Pontiac Grand Am that was reported stolen. As a result of his arrest and the subsequent investigation, 2 stolen tags and 4 stolen vehicles have been recovered.

Pleus was sent to prison for 2 years.

Wal-Mart Employees Pled Guilty To Thefts From Employer Totaling $6,900.

Lexington, KY. On June 2, 2000, Stephanie Kaye Finn, 26, Cathy Lynn Kurtz, 23, and Erika Sue Mitchell, 27, pled guilty to stealing from their employer, Wal-Mart, on Nicholasville Road.

Through the use of false returns of merchandise and failure to scan merchandise at the cash register, sometimes referred to as "free-bagging," the defendants stole cash and property totaling $6,900.

Formal sentencing is set for June 21, 2000.

Defendant Convicted Of Reckless Homicide in Beating Death.

Lexington, KY. On March 18, 1999, outside the Shack Bar, 24-year-old Michael Todd struck 47-year-old James Cummins. When Cummins was knocked to the ground by Todd, Cummins' head hit the concrete sidewalk, causing a fatal injury. Todd also kicked Cummins when Cummins was on the ground.

On May 22 - 25, 2000, the case of Commonwealth v. Michael Todd went to trial on Manslaughter 2nd. After deliberating 5 hours, the jury returned a verdict of guilty of Reckless Homicide.

Todd had previously been convicted of Theft By Unlawful Taking, Burglary 2nd, and Receiving Stolen Property and was also convicted of being a Persistent Felony Offender. His sentence was 7 years.