division cases
The following information has been filed in the criminal division of Marion County District Court:
Tanya G. Brammer, battery; first appearance hearing held, court found defendant was indigent or partially indigent and appointed attorney David Harger, bond was continued; arraignment hearing at 10:45 a.m. Oct. 17.
Jacob Daniel Schrag, purchase/consumption of alcohol liquor/CMB by a minor; bond appearance hearing held.
Jordan Voth, purchase/consumption of alcoholic liquor/CMB by a minor (violation date of Aug. 22); first appearance hearing held; defendant informed the court that he intended to retain private counsel, bond was continued; arraignment hearing at 10:45 a.m. Oct. 27.
Rachael Guzman, sale etc. of opiates, opium, or narcotic drugs, possession of paraphernalia to grow, distribute marijuana, no drug tax stamp as required; bond appearance hearing at 10:30 a.m. Oct. 6.
Tabatha R. McKinsey, sale etc. of opiates, opium, or narcotic drugs, possession of paraphernalia to grow, distribute marijuana, no drug tax stamp as required; first appearance hearing held, court found defendant was indigent or partially indigent and appointed attorney Dan Baldwin, bond was set at $7,500; preliminary hearing held; arraignment hearing at 9:45 a.m. Nov. 3.
Brian K. Dochow, DUI, purchase/consumption alcoholic liquor/CMB by minor; first appearance hearing held, court found defendant was indigent or partially indigent and appointed attorney Dan Baldwin, defendant was ordered to pay $15 per month until further notice, bond was continued; arraignment hearing at 1:15 p.m. Nov. 19.
Travis R. Grosse, DUI (third conviction), possession of hallucinogens, possession of simulated controlled substances or drug paraphernalia, transporting an open container; bond appearance hearing held; preliminary hearing at 9:30 a.m. Nov. 5.
Lindsey Nicole Buckbee, giving a worthless check less than $1,000; first appearance hearing at 10:30 a.m. Oct. 6.
Calvin Ray Maurer, preliminary hearing held Aug. 27 and was continued to Sept. 17, court ordered defendant not to possess or consume any alcohol or illegal drugs and report to a court services officer to be drug tested to establish a base line.
James C. Padgett, giving a worthless check less than $1,000; upon motion of the county attorney the case was dismissed without prejudice, defendant had paid restitution, booking fee, and court costs.
Ricky Dale Leshure, original charge of criminal damage to property more than $500 and less than $25,000 was amended to disorderly conduct.
Jordan Reid Allen, criminal damage to property less than $500, purchase/consumption of alcoholic liquor/CMB by a minor (violation date of June 2); arraignment hearing rescheduled to 9:45 a.m. Oct. 6.
Michael Ball, bench trial at 9:45 a.m. Jan. 5, 2009.
Timothy W. Hatch, original charge of giving a worthless check less than $1,000, charged with failure to appear for a court hearing; bond appearance hearing at 10:30 a.m. Oct. 6.
Dennis D. Britton Jr., possession of hallucinogens (one prior conviction), possession of simulated controlled substances or drug paraphernalia, battery, criminal damage to property less than $1,000, disorderly conduct (violation date of July 12); arraignment hearing at 9:45 a.m. Nov. 3.
Richard Todd Litton, criminal threat, harassment by telephone (violation date of July 11); status hearing at 9:15 a.m. Oct. 6.
April Sophia Laing, criminal use of a credit card within seven days more than $500 and less than $25,000; upon motion of the county attorney, the case was dismissed without prejudice and costs were assessed to the state.
Charles W. Hilliker, criminal use of a financial card within seven days more than $500 and less than $25,000, theft value less than $1,000; defendant pleaded no contest to count two, upon motion of the county attorney count one was dismissed with prejudice and defendant agreed to testify against co-defendants.
Randy Herbel, rape/sexual intercourse with a child under the age of 14, aggravated indecent liberties with a child under the age of 14 (violation dates of Aug. 1 and Aug. 2, 2006); court granted motion by defendant’s attorney to determine competency to stand trial, Larned State Security Hospital shall conduct the examination based on the evaluation and recommendation from Horizons Mental Health Center; preliminary hearing at 9:30 a.m. Nov. 19.
Randy Herbel, rape/sexual intercourse with a child under the age of 14 (violation date of Aug. 1, 2006); court granted motion by defendant’s attorney to determine competency to stand trial, Larned State Security Hospital shall conduct the examination based on the evaluation and recommendation from Horizons Mental Health Center; preliminary hearing at 9:30 a.m. Nov. 19.
Howard C. Pennington, arraignment hearing at 9:45 a.m. Nov. 3.
Anthony Alexander Ebaben, contested hearing continued to 9:45 a.m. Oct. 27.
Andrew M. White, sale or possession with intent to sell hallucinogens, no drug tax as required, possession of depressants, stimulants, hallucinogens, steroids, possession of simulated controlled substances or drug paraphernalia, criminal possession of firearms (addicted/user controlled), failure to driving on right side of roadway as required; defendant pleaded no contest to counts three and four, upon motion of the county attorney dismissed all other charges with prejudice; defendant sentenced to a controlling sentence of six months for count three and a controlling sentence of 90 days for count four to be consecutive to each other in the custody of Marion County Sheriff which were suspended; defendant was placed on immediate supervised probation with a court services officer for a period of 12 months for each count to be concurrent; probation will be transferred to Saline County; defendant was ordered to serve 48 hours for every positive drug/alcohol test, refusal to submit, or admission of usage, successfully complete recommendations of treatment program, refrain from the use of alcohol or illegal drugs, pay court costs of $128, probation fee of $25, and booking fee of $45.
Jordan Reid Allen, possession of depressants, stimulants, hallucinogens, steroids, purchase/consumption of alcoholic liquor/CMB by a minor (violation date of March 6); arraignment hearing rescheduled to 9:45 a.m. Oct. 6.
Michael J. Lahita, DUI, diversion agreement was made; defendant was ordered to pay a fine of $500, diversion fee of $200, additional fee of $150, court costs of $66, and booking fee of $45 all being paid within 60 days from filing, if not paid prosecution will resume. Defendant is to obtain an evaluation within 30 days, shall not enter any establishment whose primary source of income is from the sale of alcohol, shall not possess, consume, or ingest any alcohol, cereal malt beverage, or illicit drugs during the diversion period, agreement shall terminate within 12 months with the successful completion of the terms and conditions. If agreement not successfully completed, prosecution will resume.
Dennis Britton Jr., original charges of two counts of burglary of a building used as a dwelling amended to criminal trespass, two counts of burglary of a building used as a dwelling, theft value at least $1,000 but less than $25,000 amended to theft value less than $1,000, theft value less than $1,000 (violation date of Aug. 5, 2007); motion to revoke probation, status hearing at 9:45 a.m. Nov. 3.
Connie J. Dodson, possession of opium, opiates, and narcotic drugs, possession of a simulated controlled substance or drug paraphernalia; defendant pleaded no contest to count two, upon motion of the county attorney count one was dismissed with prejudice; defendant was sentenced to a controlling sentence of 90 days in the custody of Marion County Sheriff which was suspended. Defendant was placed on immediate supervised probation with a court services officer for 12 months to be done by mail, ordered to serve 48 hours in the county jail for every positive drug/alcohol test, refusal to submit, or admission of usage, to comply with aftercare recommendations from Valley Hope, and provide the probation officer with information of treatment plan, complete 20 hours of community service work, refrain from the use of alcohol or illegal drugs, and pay court costs of $137, probation fee of $25, an additional fee of $100, and court-appointed attorney fees as determined by the court.
Derek Hoskinson, possession of depressants, stimulants, hallucinogens, steroids, possession of simulated controlled substances or drug paraphernalia, theft value of at least $1,000 but less than $25,000, DUI (first conviction) was amended to DUI (second conviction); arraignment hearing at 9:45 a.m. Nov. 3.
Robert F. Smyser, jury trial rescheduled to 8:30 a.m. Feb. 17, 2009.
Jordan Reid Allen, purchase/consumption of alcoholic liquor/CMB by a minor (violation date of Feb. 20); arraignment/status hearing rescheduled to 9:45 a.m. Oct. 6.
Brent E. Rauh, original charges of manufacturing a controlled substance, possession of opiates, opium, or narcotic drugs, theft by deception of $500 to $25,000, possession of simulated controlled substances or drug paraphernalia, possession of depressants, stimulants, hallucinogens, steroids, theft by deception of less than $500, trespassing on a railroad property without consent of owner (violation date of July 26, 2006); motion to revoke probation, hearing rescheduled to 11:15 a.m. Oct. 6.
Brent E. Rauh, original charge of theft value less than $1,000 (violation date of June 14, 2006); motion to revoke probation, hearing rescheduled to 11:15 a.m. Oct. 6.
Johnathan Don Shultz, jury trial rescheduled to begin at 8:30 a.m. Jan. 12, 2009.
Kirk W. Seals, original charges of obstructing legal process in a misdemeanor case, DUI, violation of a basic rule governing speed of vehicles (violation date of May 19, 2007); motion to revoke probation, status hearing at 10:45 a.m. Oct. 27.
Brady May, status hearing at 1:15 p.m. Sept. 29.
Jordan Reid Allen, original charges of two counts of a burglary of a building used as a dwelling amended to criminal trespass, two counts of burglary of a building used as a dwelling amended to theft value less than $1,000 (violation date of Aug. 5, 2007); motion to revoke probation, hearing rescheduled to 9:45 a.m. Oct. 6.
Amy M. Rose, motion to terminate diversion agreement; contested hearing at 9:30 a.m. Jan. 14, 2009.
Austin Wade Evans, original charge of criminal damage to property less than $500 (violation date of July 2, 2007); motion to revoke probation, first appearance hearing held, court found defendant was indigent or partially indigent and court-appointed attorney Dan Baldwin, bond was continued; arraignment hearing at 9:45 a.m. Oct. 6.
Chad Reck, original charges of burglary of a motor vehicle, aircraft, or other means of conveyance, theft (violation date of Jan. 29, 2004); motion to revoke probation, arraignment hearing rescheduled to 11 a.m. Oct. 27.