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Show Busy Day In Court As Judge Handles 17 Cases PANGUITCH Judge David Mower presided over 17 separate cases in Sixth District Court on Thursday, Nov. 7 in Panguitch. A sentencing hearing was set set for former North Star counselor Michael Hill, 22, currently attending college in Lawrence, Kansas. Hill, was a witness for the state at the prelminary hearing in state's case against North Star owners and employees. Hill had enetered a guilty plea in September to a second degree felony charge of forcible sexual abuse against a minor enrolled in the North Star program. The crime was committed commit-ted in December 1993. He had been scheduled to be called as a witness in the recent North Star case but was dropped off the list at the last minute. Mower stated he was not expecting to see Hill in court on Thursday because he had a call from Hill's counsel, Keith Barnes, Cedar City. Mower told the court that Barnes had spoken with the state's prosecutor Marlynn Lema of the (See Judge Has Busy Day In Court With 17 Cases On Page 3 A) Judge Has Busy Day With 17 Cases From Page 1 Washington County Attorney's Office of Utah asking if she opposed his asking for a continuance to a later date and that Lema had agreed to the change. Mower said Barnes told him that there was no completed pre-sentence report and Barnes had conflicting demands on his time. Reid Bean, Adult Probation and Parole, was present in the courtroom. court-room. Judge Mower inquired if he were working on a pre-sentence report. Bean stated that he had sent Mike Hill north in September to speak with his AP&P Supervisor Richard Bagley. Bean said that Bagley had not been able to get anything out. He said that Bagley had asked Hill to submit himself for a sex offender evaluation in Kansas and that Hill had done nothing with Bagley's directive. So, Bean stated, they were "kind of at a stand still." Mower asked if there were anything he could do to help facilitate the evaluation. Bean said "if some pressure could be put on Mr. Hill to submit himself, that might help." It was Bean, who at Hill's Sept. 9 court hearing expressed concern lor the state's possible liability in sending Hill back to Kansas unsupervised. In Barnes Nov. 5 motion, how4ver, Barnes states as a reason for needing a continuance that "Adult Probation and Parole has not had an opportunity to review the evaluation report on Defendant Michael Paul Hill submitted by Michael Smith, LCSW, of Lawrence, Kansas. Hill's victim's parents had planned to attend Thursday sentencing senten-cing hearing and when they called on Tuesday to ask the time of the hearing, were told the hearing had been continued. They had not been notified by the state about the hearing or its continuance. Mower continued the case until 10 a.m. Dec. 5, and asked the court clerk to send a notice to home counsel. He requested that she state that Mower had heard a report from the probation officer that the presentence pre-sentence report is not prepared and he Mower would appreciate the efforts of counsel to try and faciltate it. Gwen Roach, 46, Richfield appeared. Represented by Marcus (See Judge Has Busy Day In Court With 17 Cases On Page 4 A) Judge Has Busy Day With 17 Cases From Page 3A Taylor, Roach had been charged with wanton destruction of protected wildlife (buffalo), a third degree felony with maximum jail sentence of 0-5 years and fine of $10,000. Garfield County Attorney Wallace Lee presented a plea bargain, under which Roach would plead no contest to a lesser charge of attempted wanton destruction of protected wildlife, a ciass A misdemeanor, with up to one year in jail and a fine of $2,500. With Roach's no contest plea, the terms of the plea bargain sated that the court will impose the statutory maximum jail term, fine and surcharge and suspend them. She was placed on unsupervised probation for a period of 24 months and given one year to pay restitution of $1,000 to the division of Wildlife Resources program "Help Stop Poaching tund." She was ordered to perform V hours of meaningful community Vvice with a charitable organiza-to. organiza-to. The head and cape of the bValo will be forfeited to the Dk to be donated to Garfield Coty for display at the Bryce Carjn Airport. iy Leibenguth, 36 and nusbd, Jake Leibenguth, of Escape, were represented by, (See W Has Busy Day In Court With fcases On Page 5A) Judge Has A Busy Day With 17 Cases From Page 4A Marcus Taylor. A plea agreement had been reached whereby Kathy Leibenguth would plead guilty to a third degree felony, illegal possession pos-session of a controlled substance (methamphetamine) a charge stemming stem-ming from an incident Jan. 8, 1996. The maximum penalty for the offense is 0-5 years in jail andor a fine of $9,250 or both. Taylor informed the court that Mrs. Leibenguth presently had a misdemeanor violation of probation charge pending in Iron County. Taylor explained to Mower that the resolution of this case in Garfield had been blended with the resolution in Iron county so there was agreement with both. Taylor was in hopes the court would adopt the joint recommendation of both. Taylor explained that the judge would impose the maximum statutory sentence, stay that sentence and order Mrs. Leibenguth to enroll in and complete a drug abuse program at Cedar City's Horizon House, an inpatient, 30-day 30-day program. Taylor would like his client to have the opportunity to complete the program and come back before the court and request no Incarceration . Lee also asked that remaining charges for Mrs. Leibenguth be dismissed as well as charges against Mr. Leibenguth. Also requested fine be reduced to $1,000 and suspended if she completes the treatment program. Lee told the court his main concern is that she get the treatment she needs. AP & P officer Reid Bean also requested an 1 8-month probation to Garfield County. Judge Mower imposed the statuary maximum penalty of 0-5 years in Utah State Prison and a fine of $9,250. Mower said that bail remains in place and he stayed the execution of the sentence and fine if Leibenguth returns to the court Jan. 23, 1997. Leibenguth will go to prison on Jan. 23 unless she convinces the court otherwise. Judge Mower dismissed the unresolved charges against her and against her husband and ordered Mrs. Leibenguth into treatment to facilitate her entrance into the program. Initial appearances were slated for Merlin Jay Robinson, 55, Brenda R. Robinson, 55 and Shane Robinson, 36, all of Circleville on several varied misdemeanor charges relating to an incident involving the wanton destruction of protected wildlife (mule deer) on Sept. 5, 1996. Judge Mower noted pleas on not guilty in the file and a request for a continuance from Attorney Paul R. Frischknecht. Mower determined a call would later be placed to Frischknect to see if a trial date could be set by phone and perhaps consolidate all three cases into one. The matter was continued. Represented by Floyd Holm, Richard Newell Cochrane, 28, Escalante , currently incarcerated in the Garfield County Jail, appeared for a review of his case. Bean I recommended the release of Cochrane Coch-rane to attend a drug rehabilitation program called Northwest Passage in Salt Lake City. Cochrane had obtained the required deposit to begin the program which will allow him to be employed while attending and living at the center. Mower noted that both Coch-rane's Coch-rane's father and brother were in courtto support him and Lee added that very favorable reports had been received from the jail about him. Mower authorized Cochrane's release re-lease and his enrollment in the program as a part of his probation. He was ordered to report to the Salt Lake City facility by Nov. 8. Shane Lee Kunkle, 21, Panguitch, was before the court for a non-jury trial, however, a plea bargain had been reached. Kunkle was originally charged with two counts of unlawful sale or supply of alcohol to minors, a class A misdemeanor and criminal conspiracy, a class B misdemeanor. The plea bargain was for a single charge of unlawful sale or supply of alcohol, a class A misdemeanor. Judge Mower in accepting Kunkle's plea asked him to relate the incident of June 14, 1996. Kunkle said he was about one mile from Panguitch and allowed his girl friend, Amber Miller, who was under the age of 21 to drink. Wallace Lee asked for a presentence pre-sentence report on Kunkle. Sentencing was continued until Jan. 23, 1997. |