Archived Court Cases No. 7

Lexington, KY.   A Wal-Mart security guard watched as Robert Lee Briscoe stuffed merchandise into a duffel bag. The guard followed Briscoe as he took the bag out of the store without paying. The guard confronted Briscoe outside the store, but he fled in a waiting vehicle. The bag was later discovered in the parking lot. It contained children's tapes, golf clubs and shoes. Briscoe was later apprehended and, at the time of his arrest, his car contained other stolen items.

Briscoe pled guilty to Theft by Unlawful Taking over $300. Briscoe has a long criminal history, including at least 24 prior convictions for crimes ranging from Reckless Driving to Grand Theft. He has twice violated his parole by committing other crimes. Nonetheless, his one year sentence was probated for five years.  Briscoe violated his probation by being out of his area of supervision, committing other crimes, and failing to report arrests to his probation officer. His probation was revoked and he was returned to custody to serve his sentence.

While on probation, Snelling was convicted of a Driving Under the Influence. Because she had not completed paying her restitution within 2 years, her probation was extended for yet another year.

At the end of her 3^rd year on probation, Snelling still had not paid all of the restitution that she was ordered to pay. The Judge then ordered her to pay $200 more toward the restitution. The Judge ruled that once the $200 was paid the remainder of the restitution which Snelling still owed would be waived and written off.

In all, Snelling had been on probation for 3 years, during which she was convicted of another felony, and part of her restitution was forgiven.

Lexington, KY.   Sidney Smith fathered a child who was born on August 16, 1986. In April of 1987, Smith signed an acknowledgement of paternity and was ordered to pay $41.20 per week in child support. Because Smith paid very little of the ordered child support, he was convicted of Flagrant Non-Support and placed on probation for 3 years.

However, Smith’s probation was revoked because he failed to comply with the terms of his probation by testing positive for illegal drugs and by failing to attend substance abuse treatment. After serving 6 months in prison, Smith was released.

Apparently, Smith did not learn from his incarceration. He paid no child support after his release from custody. Non-support charges were filed again. His child support arrearage stands at $24,000 and counting. Smith plead guilty to Flagrant Non-support and was sentenced to 5 years in prison.

Bolen's probation has proved to be less than successful.  He failed to report to his probation officer and concealed his whereabouts.  He routinely missed required drug screens and has never made a payment on his restitution and supervision fees.  He also failed to maintain full-time employment because he quit his job.  For these reasons, Bolen's probation was revoked and he was sent to prison for 5 years.

Estill's probation officer filed a motion to modify Estill's probation because she tested positive for marijuana and failed to pay restitution in a timely manner.  The Judge ordered that Estill be re-assessed for drug treatment, serve two weekends in jail, and have a wage assignment entered for $118.53 per month.   Shortly after the wage assignment was entered, Estill left her job.  As a result, she has only paid a little over $300 in restitution.  She has been terminated from substance abuse treatment because she failed to comply with program requirements.  

Because of Estill's non-compliance, her probation officer filed yet another motion to revoke her probation.  However, the only punishment she received from the Judge was to have her probation extended so she could pay her fees.

Lexington, KY.   Two young men were ejected from a vehicle and killed in an accident on New Circle Road at Alexandria Drive. The vehicle, which was totally destroyed, was reported stolen by a resident of a nearby apartment complex. Investigating officers located Clifford De Burlet, 19, three days later hiding in his room in the same apartment complex. He had been injured, but survived the accident and left the scene prior to the arrival of the police.

Police investigation revealed that the three had stolen the vehicle early that morning. Security tapes and interviews with employees at a nearby gas station proved that De Burlet was in the vehicle but did not show who was the driver. Extensive investigation by the Accident Reconstruction Unit of the Lexington Police Department and the Kentucky State Police resulted in no conclusive evidence as to the location of the three persons inside the car, primarily due to the extensive damage done to the vehicle in the accident. As a result, De Burlet was charged with the felony of Receiving Stolen Property and the misdemeanor offense of Failure to Render Aid or Assistance for leaving the scene of the accident.

De Burlet pled guilty to these offense and was sentenced to 2 years in the penitentiary. While he had no criminal history prior to the accident, the judge noted that he had been convicted of assault and public intoxication since posting bond.

Lexington, KY.   James Quinn, Samuel Fossessca & James Napolitano all pled guilty to the 1994 burglary and theft from the Headley-Whitney Museum on Old Frankfort Pike in Lexington. All of the defendants are from the Akron, Ohio area.

Many priceless art objects were stolen and never recovered in the 1994 theft. The Headley-Whitney Museum was insured, although those pieces can never be replaced.

Lexington, KY.   Calvin Leon Johnson, 24, was sentenced to 20 years imprisonment after pleading guilty to Sodomy first degree and Persistent Felony Offender first degree. Johnson admitted to having sodomized a child less than 12 years of age. Johnson was also sentenced to 12 months for assaulting the Fayette County Deputies who arrested him. 

As a result of his conviction, Johnson will be required to submit to HIV testing, submit a DNA sample for the statewide database of offenders, and to complete the sexual offender treatment program. Johnson will be eligible for parole after serving 85% of his sentence.

Lexington, KY.   David Lee Russell pled guilty to Trafficking in a Controlled Substance First Degree and Trafficking in Marijuana less than Eight Ounces.  Officers were dispatched to a call that individuals were trafficking in narcotics.  After searching the vehicle owned by Russell, the police found 3.57 grams of crack cocaine and less than eight ounces of marijuana.  Russell admitted to the police that he had been in the area trafficking in narcotics for two hours.

Russell was sentenced by the Court to 10 years in prison for Trafficking in a Controlled Substance First Degree and 12 months for Trafficking in Marijuana.  However, even though the defendant had 6 prior misdemeanor charges, he was given probation.  Russell was ordered to serve 6 months in jail, followed by 5 years probation.

Lexington, KY.   In February of this year, Victoria Newcomb crashed into another vehicle at an intersection and then fled the scene.  Police quickly apprehended Newcomb.  She was intoxicated and was driving on a suspended license.  Also, the car she was driving was stolen.

Newcomb pled guilty to various charges related to this incident.  The Court gave her a break, however, by probating her sentence and referring her to the Drug Court Program, but she soon violated the terms of her probation.  She never reported to the Drug Court staff, attended no required meetings, and failed to show up for mandatory drug testing.  Newcomb's probation was finally revoked and she will now serve her one year sentence in prison.

A Fayette County jury said Kelso was guilty of Arson.   He was sent to prison for 3 and 1/2 years.

Lexington, KY.   Lexington Police executed a search warrant at Michael George Williams' house on Florida Street.  When the police went inside, they found Williams in bed, lying beside his loaded semi-automatic pistol.  The police also found $870.00 in cash and over 7 grams of crack cocaine.

Williams admitted that he sold drugs.  He said he sold the drugs because he needed to pay his child support payments that were due.  The jury convicted Williams and recommended he serve 9 years in prison.  However, the judge probated Williams' sentence so that he could catch up on his child support payments. .

Lexington, KY.   Michael Dean Caldwell shoplifted 16 rolls of smokeless tobacco at the London Wal-Mart on May 18, 1998. He pled guilty, paid a fine, and signed a form promising to stay out of all Wal-Marts.

On April 12, 1999 he stole 8 Nintendo game tapes from the Manchester Wal-Mart. He was convicted of shoplifting and trespassing. This time, in addition to fines, he received a 6-month suspended sentence. One of the conditions of his probation was that he stay at least 500 feet from Wal-Mart.

On February 1, 2000 he was caught shoplifting more video games at the Richmond Road Wal-Mart in Lexington. This time he fought the store employees and slightly injured an assistant manager. He pled guilty to Second Degree Robbery and the Commonwealth recommended 5 years. The court ordered him to serve 6 months in jail, and probated the balance of the sentence.

While awaiting trial, he was caught shoplifting in Middlesboro. The location – Wal-Mart. That charge is still pending.

Lexington, KY.   On April 1, 2000, a clerk at a Thornton’s Convenience Store near I-75 and Winchester Road called the police to report a customer who had purchased alcohol in her store appeared intoxicated after he left the premises. The police responded and found John Russell, 45, inside his vehicle across the street at another store. The officer recognized Russell from earlier DUI stops. Russell failed the standard battery of field sobriety tests and was taken into custody. He pled guilty and told the sentencing judge that he was addicted to methadone and taking other prescription drugs in addition to his drinking. Russell’s criminal history reveals 5 convictions for DUI since 1995, 14 convictions for Public Intoxication, and misdemeanor convictions for Possession of a Controlled Substance, Criminal Trespass, Theft by Unlawful Taking, Wanton Endangerment, Resisting Arrest, Possession of Drug Paraphernalia, and Providing a False Name to a Police Officer.

Although Russell has violated the conditions of his probation on 4 occasions, he was sentenced to 5 years, probated again for 5 years, and ordered to complete the Fayette County Drug Court Program.

Lexington, KY.   Casper Wyatt has been sentenced to 4 counts of Tampering with Physical Evidence and for being a Persistent Felony Offender in the First Degree.

As an employee of RASP (Regional Alternative Sentencing Program), Wyatt, despite his multiple felony record, was put in charge of the security of RASP’s urine drug testing. RASP’s clients, all probationers and parolees, had been ordered into the drug treatment/testing program by the courts or the Department of Corrections. Wyatt tampered with, removed or diluted urine samples to keep his friends out of jail.

His conviction for 4 counts of Tampering with Physical Evidence resulted in a penalty of 20 years, which the court suspended for 5 years.

Lexington, KY.   In 1999, Regina Riley was sentenced to 12 months and probated for 2 years on an original charge of Theft by Unlawful Taking Over $300. However, her probation didn’t last long.

In August of 2000, Riley violated her probation by testing positive for cocaine and marijuana, failing to report to her probation officer as directed, failing to enter and attend an aftercare program, and for failing to pay her restitution. Riley owed $739 in restitution but had only paid $100 while on probation.

Riley was finally sent to jail and ordered to serve the remainder of her 12-month sentence.

Lexington, KY.   A cocaine conviction in April, 1998 landed Diontae Montaz Roberts on probation.  Five days later he violated his probation by absconding from supervision, but was given another chance.  In July, 1998, the Court determined that he had again violated his probation by absconding, and his sentence of two years was revoked.  He was almost immediately eligible for parole, but the Kentucky Parole Board turned him down.  Roberts then asked the Court to shock probate him, and the Court agreed, placing him back on probation in January of 1999.

Within six months Roberts tested positive for drugs and his probation officer reported that he had again absconded from supervision.  A warrant was issued for his arrest, but he was not located for another five months.  At his revocation hearing, the Judge refused to revoke him, instead placing him in the "Drug Court" program.  In March, the Court found that he had violated the conditions of Drug Court.  Again in May, he was found to be in violation of Drug Court rules by failing to keep employment and by absconding, and a warrant was issued for his arrest.  He remained a fugitive until his arrest in September, and his probation was again revoked.

Lexington, KY.   Narcotics detectives executed a search warrant at the residence of Matt Noell.  The officers found a small quantity of marijuana, eight small baggies of powder cocaine, two other baggies containing over an ounce of cocaine, pills, mail matter addressed to Noell at that location, and drug paraphernalia which included scales, weights, baggies, baking soda, and "one hitter" pipes with cocaine residue on them.  Noell, 38 and unemployed, was not at the residence, but officers had reason to believe he was at a local bar.  The detectives proceeded to the bar and found Noell leaving the establishment.  He was then arrested and found to be in possession of two baggies of cocaine, pills, $1,743.00 in cash, and a cell phone that rang continuously.  A detective answered Noell's cell phone and spoke to several callers who were attempting to purchase cocaine.  One of the callers asked for a meeting, was met by an undercover detective, and, subsequent to his arrest, stated he occasionally purchased cocaine from Noell.

Noell stated the drugs were for personal use and denied trafficking in any controlled substance as well as living at the location officers had searched earlier. 

Noell pled guilty to Trafficking in a Controlled Substance First Degree and was sentenced to seven years, probated for five years.

Lexington, KY.   Keedra Young, 19, was hired as a cashier by Winn-Dixie in late October of 1999.  During her three-week tenure, store management received several complaints from customers regarding unauthorized credit card charges from the store.  Examination of the receipts and store records showed that in early November the credit card number used by one customer for a legitimate purchase of $18.00 was used again several hours later to purchase $200.00 in groceries.  About a week later, a second customer made a purchase for $35.00 and a third bought $7.00 in goods.  Less than three hours later, both credit card numbers were used for purchases of $153.00 and $223.00 respectively.  Young was identified as the cashier for all these transactions.  She denied any criminal activity and told the investigating detective that it was all "a big coincidence."  The investigation, however, revealed that Young kept the receipts from the legitimate transactions and used the credit card numbers for purchases illegally made by unknown parties. 

Young subsequently pled guilty to the felony charges and was sentenced to one year in prison.

Lexington, KY.   Orinthia Lee Mitchell, 22, was sentenced to 10 years in prison for being in possession of a handgun and for being a persistent felony offender. 

Mitchell came to the attention of Lexington Police Officers when he fired a shot outside of the Woodpile Club located at 3rd and Warnock streets.  Police saw Mitchell holding the gun, then witnessed a second shot being fired. 

Mitchell had previously been convicted of being in possession of a controlled substance in 1996 and 1998.

Lexington, KY.   Richard Lee Kelley owed over $15,000 in child support to his minor child when he pled guilty to Flagrant Non-Support in 1997.  Despite his large debt, he was placed on probation and given a chance to stay out of jail as long as he kept his child support current.

When, in 1998, he still would not keep current his payments, a motion was made to modify his probation.   But he not only didn't obey the court orders, he failed to show up for court.  

Over a year later he was forced to appear because a warrant had been issued for his arrest and he was picked up by police.  At that time, his probation was finally revoked and he is now spending a year in prison.