OCR Text |
Show Sixth District Court Actions PANGUITCH Judge David L. Mower presided over a lengthy court calendar in Sixth Judicial District Court on Thursday, July 19. Because of the full schedule, court was moved ahead to begin at 9 a.m. rather than its regular 10 a.m. time. The public and the press were not notified of the change, causing the press to miss details details of five drug-related drug busts, four of which took place in Panguitch. Returning to court on an Order To Show Cause why his probation should not be revoked was Oscar Maynard Word, 19, formerly of Tropic and presently residing in Cedar Ce-dar City. Word was represented by Public Defender Keith Barnes. Six allegations were presented by the state stating that Word had: (1) used, possessed, controlled, delivered, de-livered, produced, manufactured Or distributed a controlled substance on or about 6-7-2001; (2) used, possessed, pos-sessed, etc., a controlled substance ' on or about 7-6-2001; (3) failed to pay a supervision fee without having hav-ing been granted a waiver by the Department of Corrections since 12-18-2000 and is $210 over due; (4) having associated with a known criminal in a manner which could reasonably be expected to result in criminal activity or has resulted in criminal activity by using marijuana; mari-juana; (5) having failed to complete the Substance Abuse Program at Southwest Mental Health and (6) having failed to be cooperative, compliant and truthful in all dealings deal-ings with Adult Probation and Parole Pa-role on or about 7-6-2001. Word was on probation for a third degree felony distributionarranging distribu-tionarranging to distribute a controlled con-trolled substance dating back from Mar. 2, 2000. He was sentenced May 2, 2000 to a term or 0-5 years but the execution of that sentence was stayed and he was placed on probation under the supervision of the Department of Corrections. Word denied all 'the allegations to the court and an evidentiary hearing was set for Aug. 30. (See COURT on page 4-A) COURT From Front Page Mark D. Talbot, 39, Panguitch was before the court for an initial appearance on charges relating to a drug bust of two homes in Panguitch Pan-guitch on July 5 in which four persons per-sons were arrested. Talbot chose not to be represented by the public defender and informed the court he had secured the services of Marcus Taylor of Richfield. Talbot was charged with three counts, a first degree felony of possession pos-session of a controlled substance (methamphetamine, DFZ) with intent in-tent to distribute, one count of possession pos-session of drug paraphernalia, a class A misdemeanor and one count of possession (meth, DFZ), also a class A misdemeanor. A prelimi- nary hearing was set for Aug. 2. Michelle Hatch, 30, Panguitch was before the court for an initial appearance also on drug charges relating re-lating back to July 5 in Panguitch. She was represented by Public Defender De-fender Keith Barnes. She was faced with one count of possession of a controlled substance (meth, . DFZ) with intent to distribute, a first degree de-gree felony and one count of possession pos-session of drug paraphernalia, a class A misdemeanor. Barnes had negotiated a plea agreement with the state and Garfield Gar-field County Attorney Wallace Lee addressed, the court with the terms of that agreement. The state requested re-quested a pre-sentence report from Adult Probation and Parole before sentencing. Vance Dee Brown, 39, Panguitch Pan-guitch was before the court for an initial appearance also on drugr related charges and was represented by Keith Barnes. Brown was charged with one count of posses- . sion of a controlled substance with intent to distribute (meth, DFZ), a first degree felony and one count of possession of drug paraphrenalia (meth, DFZ), a class A misdemeanor. misde-meanor. A plea agreement was also reached and Brown will also undergo un-dergo a pre-sentence report before sentencing. Jeff James Burton, 32 Panguitch, Pan-guitch, was before the court for an initial appearance also from the July 5 arrest in Panguitch. He was charged with one count of possession posses-sion of a controlled substance (meth, DFZ), a second degree felony fel-ony and a single count of possession posses-sion of drug paraphrenalia (meth, DFZ), a class A misdemeanor. Burton was represented by Barnes and will also undergo a pre-sentence evaluation before sentencing on reduced re-duced charges in a plea agreement. Ronald Charles Davenport, 28, Panguitch, who was currently on probation after serving time at Point of the Mountain, was back before the court in violation of that probation. Davenport was charged with three new counts, burglary, a second degree felony; burglary of a vehicle, a class A misdemeanor and obstruction of justice, a second degree de-gree felony. Davenport, who chose to come before the court without representation representa-tion pleaded guilty to three reduced charges in a plea bargain agreement. He pleaded guilty to a reduced . . charge of vehicle burglary, a class A misdemeanor; criminal trespass, a class B misdemeanor and obstructing obstruct-ing justice, a class B misdemeanor. Davenport was given six months county jail time on each charge to run concurrent with his previous sentence. The court then found Davenport in violation of probation and he was sent back to prison to serve out the remainder of his original sentence. A case involving Cindy Knighton,. Knigh-ton,. 24, was before the court for review re-view of status. Knighton had been incarcerated at the Garfield County Correctional Facility on a single charge of possession with intent to distribute, while awaiting bed space in the Northern Utah Women's Correction Center. Her family had sent a letter requesting her early release re-lease but that request was denied and the case was .reset for review on Aug. 2. A case involving Kent Blake Richee was on the docket for review. re-view. Richee, 44, Panguitch had been charged with threats to influence influ-ence official action, a class A misdemeanor mis-demeanor and driving under the influence in-fluence of alcohol, a class B misdemeanor. mis-demeanor. He is presently enrolled in a treatment program through Horizon Ho-rizon House. Susan Hardy, 58, Nevada, was due in court for entry of an plea but filed a written waiver of appearance. Hardy was charged with a single county of theft, a second degree felony. fel-ony. Prior to sentencing a presentence pre-sentence evaluation was requested through Adult Probation and Pa-(See Pa-(See COURT on page 7-A) COURT From Page 4-A role. Terry Lynn Flick, 43, Washington Washing-ton is currently serving time in the Garfield County Correctional Facility Facil-ity on a several counts. One count of illegal possession of a controlled substance (methamphetamine), a third degree felony; one count of possession, a class B misdemeanor; one count of forfeiture, in an arrest dating back to Feb. 2001. In a plea bargain, Flick agreed to a plea of guilty to a single count of possession posses-sion and all other counts will be dismissed if money ($3600) is forfeited for-feited to the Narcotics Task Force, which sentence will run concurrent with charges in Washington state. Ricky Don Howell, 37, Esca-lante, Esca-lante, was before the court on six charges relating back to his arrest on June 13, 2001. Howell was charged with unauthorized control of a vehicle for an extended time, a third degree felony; assault against a peace officer, a class A misdemeanor; misde-meanor; aggravated cruelty to animals, ani-mals, a class A misdemeanor; interference inter-ference with arresting officer, a class B misdemeanor; reckless driving, driv-ing, a class B misdemeanor and dis- orderly conduct, an infraction. Howell represented himself and had worked out a plea bargain with Attorney Wallace Lee whereby he would plead guilty to a single count of assault and all other counts were dismissed. Howell explained the events of an apparent domestic dispute dis-pute on June 13 to the court, after-which after-which Judge Mower found reason to accept the guilty plea for assault on a peace officer. Howell was placed on probation for a period of one year, all jail was suspended except 10 days and he was instructed to seek evaluation from Southwest Mental Health for anger management and follow through with their recommendation paying costs for all services. He was also to provide proof of payment pay-ment for repair of the vehicle involved in-volved in the incident. Howell will be allowed to serve jail in increments incre-ments of 48 hours or 240 hours. He asked that the court credit him for the six days already served but Attorney Lee felt an additional 10 days was in order. Kim Jay Randall, 45, Escalante, made an initial appearance in court on five charges dating back to his arrest from an incident on Mar. 23, 2001. Randall was represented by J. Bryan Jackson and pleaded not guilty to one count of assault against a peace officer, a class A misdemeanor; obstructing justice, class A misdemeanor; interference with public servant, a class B misdemeanor; mis-demeanor; intoxication, a class C misdemeanor and disorderly conduct, con-duct, a class C misdemeanor. Randall's case was set for pretrial pre-trial conference on Aug. 16 with a jury trial set for Sept. 18. Elaine Cottam, 35, Escalante was before the court on an initial appearance, answering to four charges relating back to incidents in May 2001. Cottam was represented by Public Defender Keith Barnes. Cottam was charged with three counts of burglary, all second degree de-gree felonies and attempted burglary, bur-glary, a third degree felony. For purposes of expediting the case, Cottam waived her rights to an arraignment ar-raignment and in a plea bargain agreement pleaded guilty to a single count of burglary, a second degree felony. She explained to the court how she entered residences in Escalante without invitation or permission. The state was prepared to proceed to show she was inside a residence searching for medication. Judge Mower found reason to believe the guilty plea. Cottam was referred to Adult Probation and Parole for a pre-sentence report. Attorney Barnes asked if the court might allow Cottam to enter an in-patient treatment program at Horizon House in Cedar City that very day. Lee and other expressed concern that Horizon House was not a secure enough treatment facility facil-ity as Cottam had walked away from that program previously. The court noted that Cottam remained in denial that she had a problem and desired to check into other programs while Cottam remained re-mained incarcerated. Her case was set for sentencing Aug. 30. John Justin Sherwood, 35, Hanksville, was before the court on an initial appearance for an incident on May 31, and June 1. Sherwood was represented by David Paul White and was charged with distribution distri-bution of or arranging to distribute a controlled substance (marijuana, DFZ), a second degree felony; two counts of distribution of or arranging arrang-ing to distribute a controlled substance, sub-stance, first degree felonies; possession posses-sion of a controlled substance with intent to distribute, a first degree felony; possession of drug para-phrenalia, para-phrenalia, a class A misdemeanor. A preliminary hearing was set for Sept. 25. Peter Begay, Jr., 35, Salt Lake City was before the court for a DUI, a third degree felony; driving on a suspended or revoked operator's opera-tor's license, a class C misdemeanor misde-meanor and open container in a vehicle, ve-hicle, a class C misdemeanor. Begay Be-gay was represented by Keith Barnes. Bar-nes. He waived his preliminary hearing and pleaded to a single count of DUI, a third degree felony. Both other charges were dismissed and a pre-sentence report was ordered. or-dered. Sentencing was set for Sept. 13. |