Jury trial canceled; Sharp enters diversion agreement
Staff writer
The prosecution and defense arrived at a diversionary agreement acceptable to both, in the case of Doug Sharp of Marion.
Sharp's case was scheduled to go before a jury on Aug. 20, but the jury trial was canceled once the diversion agreement was reached.
Sharp agreed that he allowed minors to drink beer at his home, 4 Fairway Drive, Marion, on Aug. 10-11, 2002. He did not furnish the beer, according to the agreement.
Jay Sizemore, an assistant McPherson County Attorney, was asked by Susan Robson, Marion County Attorney, to serve as a special prosecutor in the Sharp case, as she would have had a conflict of interest in serving.
Sharp also had subsequently (to the initial charge of furnishing the beer) been charged with contributing to the delinquency of minors, in connection with the incident. Both charges are misdemeanors.
Charges were initially filed Oct. 15.
Sharp elected to "take diversion on one charge," Sizemore said.
They state that for three months, he must:
Conduct himself as a law-abiding citizen; not violate any laws of the city, county, state or nation, and report any such violation immediately; will not move (change addresses) without first notifying Sizemore; pay a $93 diversion fee; report to Sizemore as often as required; and pay $117 in court costs.
Special conditions are: He must not provide alcohol to anyone younger than 21; and must perform nine hours of community service.
Sharp's attorney was John Johnson of Hillsboro, who declined to make any comment.
Judge Ronald Innes, a senior judge from Wichita, oversaw the case, with Judge Mike Powers of Marion recusing himself.
The office of the clerk of Marion County District Court has not yet received the signed journal entry of disposition in the case from Innes, so until then, the diversionary agreement is unofficial.
