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Lexington,
KY. While conducting a routine check, a Lexington
police officer noticed a few men in a Ford Bronco parked in the middle of
a church parking lot. After seeing the patrol car, the driver immediately
drove off and attempted to lose the officer by making several turns. A
traffic stop was initiated and the officer approached the vehicle. While
waiting for the driver to get his license and proof of insurance, the
officer noticed several tools, plastic tool containers, and stereo
amplifiers in the car. The driver nervously asked the officer to speak to
him further away from the vehicle. He stated that he thought his
passengers, Brian Harris and Phil Caudill, had stolen some items and
placed them in his car. The driver told the officer that he had met Harris
and Caudill in order to purchase a stereo for $25.00. A verbal consent was
given to the officer to search the vehicle. An eight inch knife was found
stuffed between the console as well as a hammer drive, saw, speaker box,
drills, screwdrivers and various other tools, Harris, Caudill and the
driver were taken to the Detective Bureau for interviews.
Brian Harris and Phil Caudill were
both charged with 3 counts of Receiving Stolen Property over $300 and
Harris was additionally charged with Concealing a Deadly Weapon, however,
the driver was not charged.. Harris and Caudill each pled guilty and were
sentenced to 3 years, which was probated for 5 years, and ordered to serve
30 days in jail.
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Drug
Trafficker Probated For 5 Years.
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Lexington,
KY. After complaints of marijuana trafficking were
made by confidential informants, detectives from the Narcotics Unit were
sent to search William Marshall’s property. The detectives located
several subjects inside the residence as well as a strong odor of
marijuana. After the search warrant was read aloud to Marshall, he
confessed to having marijuana in his bedroom. The detectives located 50
grams of marijuana, $148 in a duffle bag, drug paraphernalia, a .22
caliber pistol, and a High Times marijuana magazine. A vehicle parked
outside the property was also searched and 54 grams of marijuana was found
in the glove box of the car. Marshall was taken to police headquarters
where he told police that he never sold marijuana, he just shared it with
friends and accepted no payment.
Marshall was arrested for
Trafficking in a Controlled Substance within 1,000 yards of a School and
Possession of Drug Paraphernalia. He pled guilty and was sentenced to
serve 2 years, which was probated for 5 years.
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Mother
Probated For 2 Years For Baby Shaking.
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Lexington,
KY. April
Williams took her five-month-old daughter to the UK Medical Center and
stated that the baby was vomiting and lethargic. During the examination, doctors and
nurses noticed bruising and suspected possible child abuse. There was
bleeding behind the baby’s eyes as well as in her brain, suggesting that
the baby had been shaken. Police officers were dispatched to the hospital
to speak with Williams. Williams stated that the baby had slipped out of
her hands and hit her head on the tub during a bath. Williams also said
that any bumps that were on the baby had come from her car seat. She
further concluded that any other scratches or bruises were from the
babysitter. Later, Williams called one of the detectives on the Crimes
Against Children Unit of the police department and stated that she had
further information to provide in reference to the baby’s condition.
Williams went to police headquarters and stated that if she did hurt the
baby, she didn’t mean to. She said that one morning she was tired and
the baby woke up crying and fussy. After the constant crying, she shook
the baby and put her to bed. When Williams realized what she had done, she
picked up the baby and began telling her she was sorry. It was then that
the baby started to vomit and was taken to the hospital.
Williams was charged with Criminal
Abuse. She pled guilty and was sentenced to one year, but was probated for
two years.
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Shoplifter
And Persistent Felony Offender Sentenced To Probation.
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Lexington,
KY. While
shopping at K-Mart on Nicholasville Road, Danny Rose was observed stealing
DVD’s. The head of K-Mart’s Loss Prevention followed Rose around the
store for about fifteen minutes while he proceeded to shoplift 20 DVD’s.
When Rose attempted to leave the store, he was stopped by the Loss
Prevention officer and the police were then alerted. When questioned, Rose
admitted to taking the DVD’s. He said that he was unemployed and was
going to try to sell them for cash. The stolen DVD’s totaled $427.80.
Rose was charged with Theft By
Unlawful Taking Over $300 and being a Persistent Felony Offender. He pled
guilty and was sentenced to one year in the penitentiary, which was
probated for five years.
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Defendant's
Marijuana Grow Operation Is Cause Of Major House Fire.
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Lexington,
KY. The Lexington Fire Department responded to a
fire at the home of Nelson Lee Graves. Upon extinguishing the fire,
firefighters discovered an elaborate indoor marijuana grow operation in
the basement of the home. The Fire Department immediately notified the
Lexington Police Department. Narcotics Task Force Agents searched the
house and found high wattage grow lights hanging from the ceiling of the
garage, along with gas cylinders containing propane and carbon dioxide in
the garage. After Graves was read his Miranda Rights, the narcotics agents
questioned him about the grow operation. Graves admitted that the lights
and cylinders were used as part of the grow operation. He allowed the
agents to search his house for other illegal items. Two baggies of
marijuana, a revolver, two shotguns and a rifle were found and
confiscated, along with the grow operation, which included 52 young
marijuana plants.
It was determined by the Lexington
Fire Department that the grow operation was, in fact, the source of the
fire, which caused heavy damage to Graves’ home. He was charged with
Cultivation of Marijuana Over Five Plants. He entered a guilty plea and
was sentenced to 1 year, which was probated for 3 years.
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Defendant
Steals Over $12,000 - Receives Probation.
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Lexington,
KY. During the summer of 2001, Stephen Cunningham,
45, was employed by friends and neighbors to do various odd jobs. In
August of 2001 two of the people who allowed Cunningham into their home,
one employed at UK and the other her elderly mother, began to receive
checks from their bank that had been forged on their account.
Investigation revealed that Cunningham, who the victims had known for a
significant amount of time, had stolen two checkbooks from their house and
forged over 40 checks, for a total loss in excess of $12,000. When
confronted by financial crimes detectives, Cunningham admitted the scam
and stated he cashed the stolen checks at local convenience stores to pay
a gambling debt.
Prosecution of the case was delayed
for several months while the defendant received a medical evaluation.
Having been found to be in adequate health, Cunningham pled guilty to
Criminal Possession of a Forged Instrument and was sentenced to six years,
which was probated for five years.
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Convicted
Felon Sentenced To 40 Years For Sexual Attack On Woman.
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Lexington,
KY. As she had done for years, a woman walked past
some apartment buildings while heading home one evening from the downtown
area. However, this time, she was targeted to be a victim of a crime by
Joseph Bowden. Bowden, a convicted felon, came up to the victim from
behind, encircled her neck with his arm and dragged her up several levels
of stairs until he found a darkened area. Bowden told the victim that if
she screamed he would kill her. Thankfully, a resident heard the victim
whimper and called the police. When the police arrived, they caught Bowden
in the act of sexually abusing the victim. Once caught, Bowden stated
"I ain’t doing nothing like rape."
A jury found Bowden guilty of
Kidnapping, Sexual Abuse, Resisting Arrest, and being a Persistent Felony
Offender. They recommended a sentence of 40 years. The judge followed the
jury’s recommendation and sentenced Bowden to serve 40 years in prison.
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Defendant
Sent To Prison After Repeatedly Failing To Pay Child Support.
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Lexington,
KY. William Pitts will pay his debt to society
from behind bars for failing to support his children. Pitts pled guilty to
the charge of Flagrant Non Support in October of 1999. At that time he was
given the opportunity to support his children when the sentencing judge
placed him on probation instead of sending him to prison. However, Pitts
failed to take advantage of the opportunity and persisted in failing to
pay his child support as ordered. In August of 2001, Pitts was brought
back to court for failing to comply with the terms of his probation,
including failure to pay child support. Even when given a second chance at
that time, Pitts did not pay as ordered.
Pitts’ probation was recently
revoked and he was sent to prison. He currently owes more than $12,000 in
child support.
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Armed
Drug Dealer Convicted And Sent To Prison For 10 Years.
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Lexington,
KY. Lexington police were dispatched regarding a
disorder with a firearm near an adult entertainment club on Winchester
Road. A suspect vehicle was identified and trailed from the area. Officers
observed Jerrod M. Birch, 22, the back seat passenger in the vehicle,
acting in a suspicious manner. The vehicle was stopped. Officers removed
three people from the vehicle and observed a handgun and baggie of
suspected narcotics on the back seat. Birch was arrested and found to have
two more baggies on his person. He admitted to the arresting
officers that all the contraband inside the vehicle was his.
The handbag was a .44 caliber
Bulldog revolver with five bullets in the cylinder. A routine trace
through the Bureau of Alcohol, Firearms, and Tobacco revealed that the
weapon had been reported stolen by a previous owner. KSP Laboratory
analysis showed the baggies to contain 4.4 grams of powder cocaine, 3.4
grams of crack cocaine, and over 29 grams of crack cocaine. Narcotics
detectives advised that the street value of these drugs is well in excess
of $3,000.
Birch pled guilty to Trafficking in
a Controlled Substance With a Firearm and was sentenced to ten years in
the penitentiary.
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Father,
Convicted Of Murdering Six-Week-Old Son, Sent To Prison For Life.
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Lexington,
KY. Kurt Smith was convicted by a Fayette County
jury of Murder for killing his 6-week-old son, Blake, on March 21, 2001.
The mother of the baby lived in her parents' home and was the main
caretaker of the baby boy, but she had allowed Smith to keep the child
while he had a couple of days off from work. She last saw her son the day
before his death.
The morning of Wednesday, March 21,
2001, the baby had been heard crying by other members of Smith’s
household. Smith was in his basement home alone with the baby when his
stepmother came downstairs. It was at that point that she noticed that the
child was "listless." She attempted CPR and called 911. The
infant was rushed to the hospital and the doctors learned that the
injuries were compatible with symptoms known as "shaken baby
Syndrome". A CT scan confirmed "diffuse cerebral edema"
(swelling) and blood clotting inside the baby's skull. X-rays of his skull
further revealed that not only was there massive swelling and hemorrhaging
inside his skull, but there was also a skull fracture. The child was
declared brain dead and removed from life support two days later.
The autopsy revealed massive brain
swelling with hypoxic damage (lack of oxygen), massive hemorrhaging
(bleeding) inside and outside the skull, a fractured skull, and his body
had multiple little skin bruises on his back side. Blake Smith died from
blunt force impact injury to the head.
The defendant was questioned about
the injuries to his son. His first statement was that he didn’t know
what was wrong with his child. After he was confronted with the medical
diagnosis, he told police that the child simply fell off of his lap. At
the trial, after all of the medical testimony had been presented to the
jury proving that his story was not plausible, he gave yet another
explanation. He admitted that he had shaken the baby yet denied causing
any type of blunt force trauma, a story which remained inconsistent with
the medical findings.
The jury returned a verdict that
Smith was guilty of Wanton Murder by finding that he acted with an extreme
indifference to the value of his infant child’s life when causing his
death and recommended the maximum sentence allowed by law, Life
Imprisonment.
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Convicted
Felon Sentenced To 10 Years In Prison For Possessing Handgun.
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Lexington,
KY. Jock Taylor was 21 years old and already had
two prior felonies when he was caught carrying a .22 caliber pistol down a
Lexington street one night. Residents of Hagerman Court had called
police because they had heard gun shots. Police responded and found
Taylor in the area. They asked him if he had heard any shots.
He then admitted that he had a pistol and that he had been shooting at a
pumpkin on the ground.
Taylor, who was on probation in
Pulaski and Harrison Counties for prior felonies, pled guilty. He
was sentenced to 10 years in prison for Possession of a Handgun by a
Convicted Felon and being a Persistent Felony Offender.
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Defendant
Receives 10 Years In Prison For Filing A Fraudulent Insurance Claim.
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Lexington,
KY. The Fire Department uncovered more than they
were looking for after the smoke cleared in an arson investigation.
As Fire Investigators looked for clues in a motel fire, a tip led them to
Phillip Ginter as a possible suspect. As their investigation
continued, they discovered Ginter had recently filed a fraudulent
insurance claim for an unrelated car accident. When a pipe fell on
the road from a construction truck in front of Ginter, he and friends got
out, retrieved the pipe and began hitting Ginter's car with it.
Ginter recovered over $3,000 from the construction company's insurance
carrier.
Ginter entered a guilty plea to
Theft by Deception and to being a Persistent Felony Offender. He was
sentenced to serve 10 years in prison and ordered to pay restitution to
the insurance carrier.
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Defendant
Gets 5 Years In Prison For Check Forgeries.
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Lexington,
KY. While employed at the University Inn, Regina
Hughes stole a checkbook from a guest. Two of the stolen checks were
used at Kroger's. A videotape of the defendant paying with the
checks proved that the transactions took place. Another incident
occurred with Hughes' roommate. The roommate gave Hughes cash to pay
the electric bill. Instead of using the cash to pay the bill, Hughes
pocketed the money and stole a check from her roommate and forged it to
pay the electric bill.
Hughes was charged with Criminal
Possession of a Forged Instrument on four different counts, as well as
Fraudulent Use of a Credit Card. She pled guilty and was sentenced
to 5 years in prison.
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Three
Strikes and You're In.
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Lexington,
KY. Jessica Hall reserved a room at the New Circle
Road Inn. She was present while two men trafficked in cocaine and
marijuana from the room. When the police investigated, Hall
confessed to what was going on. She ultimately pled guilty to
Possession of Cocaine and Possession of Drug Paraphernalia. Hall
received a 2-year sentence, probated for 3 years. Six months later,
her probation was modified because she tested positive for marijuana and
cocaine. She was required to complete a substance abuse program at
the Schwartz Center. Three months after that, her probation was
revoked for failure to comply with the terms of her probation and she was
sent to prison, however, she was eventually granted shock probation and
was released.
Hall again violated the terms of her
probation by testing positive for cocaine, failing to cooperate with her
substance abuse coordinator, failing to report to her probation officer,
and for failing to report her change of address to her probation
officer. Her probation was revoked once again, and Hall was sent to
prison.
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Computer
Theft Attempt From Wal-Mart Gets Defendant 5 Years In Prison.
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Lexington,
KY. William Gore, accompanied by his alleged wife
(a minor), attempted to steal a computer from Wal-Mart. Both Gore
and the juvenile female entered the store, made their way to the computer
department where each chose a computer, and placed the computers in two
different carts. They then went their separate ways. The
female paid for her computer and proceeded to the car. Gore left his
computer in the cart while he went to obtain the receipt of the newly
purchased computer from his wife. He then returned to the computer
he had left behind, picked it up, and walked outside. When he was
stopped by an officer outside of the store, Gore immediately produced the
receipt obtained from the prior purchase in an attempt to pass that
receipt off as his own. When he was arrested, he gave the officers a
false name and claimed the female was his wife. It was later learned
that was not true.
Gore was charged with Theft By
Unlawful Taking, Giving A False Name And Address, Unlawful Transaction
With A Minor, and Persistent Felony Offender. He pled guilty and was
sentenced to 5 years in prison.
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Retired
Police Officer Convicted In Shooting.
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Lexington,
KY. Garnett Henry "Pete" Emerson, a
retired Lexington police officer, was found guilty of assault in the
shooting of Madison Dunn. Dunn and Emerson were guests in a house on
Roosevelt Avenue described by others there at the time as a "VFW
Post." In the past, Lexington police have made arrests for
bootlegging from this residence. According to witnesses, the two
argued, and, when Dunn took a knife from his pants pocket, Emerson went
out to his vehicle to retrieve a .38 caliber revolver. When Emerson
returned, he shot Dunn one time, resulting in injury to Dunn's face and
arm.
The jury recommended a sentence of 5
years. Emerson has been ordered to report for service of the
sentence on February 22, 2002. He was not eligible for probation
because a gun was involved. Emerson himself had been shot in 1990
while working off-duty at a local bar.
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Jury
Finds Defendant Guilty Of Manslaughter In Death Of His Grandmother.
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Lexington,
KY. Police filed a missing person report when
family members of Sarah "Tiny" Hayden noticed that she had
missed her doctor's appointment and had not called or made any contact
with them for a few days. Police searched Tiny's home, which she
shared with her grandson, Jerome Williams. After a preliminary
search, no signs of forced entry or of any wrongdoing were apparent.
A few days later, an extensive search of the home was performed and Tiny's
body was found in a closet concealed with clothing. Her death was
ruled as a homicide with the cause of death listed as asphyxia.
Williams was taken to police headquarters for questioning, where he
eventually admitted to stuffing his grandmother in the closet, but not to
having anything to do with her death.
Williams was tried by a jury for the
charges of Murder and Tampering With Evidence. Despite Williams'
plea of innocence to killing his own grandmother, the jury nevertheless
found him guilty of Manslaughter and Tampering with Physical
Evidence. He was sentenced to serve 15 years in prison for the
crimes.
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Defendant's
Pattern Of Escape Continues.
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Lexington,
KY. Darrell Carey, age 38, arrived at Blackburn
Correctional Complex on March 20, 2001 to serve a 23-year sentence for
Burglary First Degree, Burglary Second Degree (5 counts), Burglary Third
Degree, Criminal Possession of a Forged Instrument (8 counts) and Escape.
After being denied permission to go visit a sick family member, he decided
to leave anyway. On April 9th, less than a month after arriving at
Blackburn, Darrell Carey escaped again. It took over six months to track
Carey down. He was arrested on October 23, 2001 in Jefferson County and
charged with Escape. The Fayette County Grand Jury indicted Carey for
Escape and the additional charge of Persistent Felony Offender.
Carey entered a guilty plea to 5
years to the Escape charge, which was enhanced to 7 years by the
Persistent Felony Offender charge. By law , the defendant’s new 7-year
sentence must run consecutively with the 23 years he was already serving.
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Defendant
Receives One Year In Prison For Shooting Of Ex-Girlfriend.
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Lexington,
KY. Paul Payne flagged down a vehicle which his
ex-girlfriend and her current boyfriend were in. He then started an
argument with his ex-girlfriend over their break up. During the
argument, Payne pulled out a pistol and fired it into the vehicle.
A bullet struck his ex-girlfriend in the left leg above the knee,
causing serious physical injury to her.
Payne was charged with Assault,
Wanton Endangerment, and Possession of a Handgun by a Convicted
Felon. He pled guilty and was sentenced to one year in the
penitentiary.
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Fake
$50 Bills Get Defendant 180 Days In Jail.
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Lexington,
KY. Lexington police responded to several
different businesses where fake $50 bills were being passed. After further
investigation, William Hager, Jr. was arrested at the Congress Inn Motel,
where he had been staying, and also where he had passed one of the phony
bills. In his motel room, police found 9 more of the $50 bills hidden
behind the dresser. Hager stated he had suddenly found the money one
afternoon and that he thought it was real.
A jury found Hager guilty of 10
counts of Criminal Possession of a Forged Instrument. He was sentenced to
10 years, which was probated for 5 years. Hager is to serve 180 days in
jail.
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Defendant
Receives Probation For Failure To Pay Child Support.
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Lexington,
KY. Derrick Cortex Byrd has two children, ages 14
and 17, by two different woman. He failed to make regular child support
payments for both children. In fact, he had never made any payments for
the 17-year-old, and had not made a payment for the other child since
April of 2000. At this time, Byrd has a total child support arrearage of
$26,683.44.
Byrd entered a guilty plea to two
counts of Flagrant Non-support and was sentenced by the Judge to two years
in prison, which was conditionally discharged for a period of five years.
This means that he will not have to be supervised by any law enforcement
official in either Kentucky or his home state of Indiana.
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Assault
With A Stick Gets Defendant 3 Years In Prison.
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Lexington,
KY. Police officers were dispatched to Maryland
Avenue in reference to a disorder. There they observed Willie Fields
acting suspicious and carrying a two-foot stick. When asked about
the disorder, Fields admitted to assaulting the victim with the
stick. He further stated that the victim owed him $30.00 so he,
"tried to beat him down." The victim was taken to the
hospital, where he was treated for blurred vision and a laceration to his
head.
Fields pled guilty and was sentenced
to 3 years in prison and was ordered to pay restitution to the victim.
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Two
Sentenced For Drug Charges.
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Lexington,
KY. After police received a report that marijuana
was being grown in the back yard of a private residence and possibly sold
from the home, officers executed a search warrant at the residence of
David Powell. The officers found almost 240 grams of cocaine, $1,278.00
cash, digital scales, and 1 gram of marijuana inside the house. In the
back yard, officers discovered 29 fully grown marijuana plants, each one
approximately 7 to 8 feet tall. Powell’s girlfriend, Sandy Jo Newton,
was questioned the following day. Although she claimed to have no
knowledge of the drug cultivation or sales, she admitted to living in the
house with him and was carrying $119.00 cash. Neither Powell nor Newton
were employed at the time of the search.
Powell and Newton each pled guilty
to Trafficking in a Controlled Substance, Cultivation of Marijuana, and
Possession of Drug Paraphernalia. Powell was sentenced to 5 years in
prison, which was enhanced to 10 years by the Persistent Felony Offender
status. Newton was sentenced to 5 years, probated.
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Physical
And Sexual Abuse Of Girlfriend Gets Defendant 25 Years In Prison.
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Lexington,
KY. When James George was released from jail, he
returned home to his girlfriend, with whom he lived. George accused her of
infidelity and began to beat her. For the next six days, George
continued to beat his girlfriend, made her sit on the floor without
moving, and didn’t allow her to speak unless spoken to. He told her that
the only way she was leaving was in a body bag. George tied her hands
behind her back, got a broom, and began to beat and kick her with
the broom. He repeatedly raped and sodomized the victim. He allowed her to
go to the drive-thru with him for dinner, but carried a knife and
threatened to stab her if she tried to do anything. George also made his
girlfriend get on her knees while he tied her hands together with clear
tape, led her into the bathroom, and forced her to kneel next to the
bathtub. George proceeded to dip her head into the tub in an effort to
"scare" her. He then told her that she was not worth it and that
he had too much going for him to kill her. George then stated that their
relationship was over, but that they could still be friends. Finally, when
George left for an interview, the woman had a chance to call her mother.
The police arrived shortly thereafter. She suffered severe bruising around
the face and body, had black eyes and possible internal bleeding.
George was found guilty by a jury
for Kidnapping, 7 counts of Sodomy, 5 counts of Rape, 2 counts of
Terroristic Threatening, Assault and being a Persistent Felony Offender.
He was sentenced by the judge to a total of 25 years in prison.
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Convicted
Sex Offender Receives 5 Years, Probated, For Failing To Register
Address.
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Lexington,
KY. Thomas Wayne Graham moved from his previous
residence to a new home. Graham is a convicted sex offender. He was aware
that he must comply with the registration laws in the event of a move. The
registration laws state that a convicted sex offender must register if
they change residency. The Sheriff’s Office checked property records at
the Courthouse and found no listing for Graham’s registered address.
Because he was not living in his officially registered address, he was
charged with Failure to Register as a Sex Offender, an offense for which
he ultimately pled guilty.
Graham has been sentenced to 5
years, probated for 5 years, with conditions to include, of course, his
registration at a legitimate and existent address.
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