The Honorable Kim Cudney, Chief Judge of the 12th Judicial District, presided over Motion Day in the Mitchell County Courtroom Monday afternoon, November 6, 2012. Nine criminal cases were listed on the docket with eight of those actually coming before the Judge.
In the case of Darryl L. Thompson represented by Council Julie Effenbeck V.S. the State of Kansas represented by Jennifer O'Hare. Thompson was before the court for a hearing on Revocation of Probation. Thompson was taken into custody on October 4 following his fourth offence of DWI. Probation Officer Christine Wick was called to the stand to testify as to Thompson's activities since being placed on probation.
Wick told the court Thompson has continued to use alcohol and drugs and also abusing pain medication and vodka. He traveled outside his designated radius without permission to Denver, Colorado for 10 days before returning. He has accomplished no community service work and failed to make payments on his court charges. He is to go into treatment at Heartland Rayvac Center on December 10, and is to remain in custody until that date.
In the case of Aaron G. Harmon represented by Council Julie Effenbeck V.S. the State of Kansas represented by Mitchell County Attorney Mark J. Noah. Harmon came before the court for Revocation of Probation violation. The Judge granted a continuance for a hearing to December 5 during the next motion day proceedings and Harmon was remanded back into the custody of the Mitchell County Sheriff's Office.
In the case of Jeneal Spear, represented by Council James M. Johnson V.S. The State of Kansas represented by Mitchell County Attorney Mark J. Noah. Spear came before the Judge for sentencing. She was convicted on a charge of cultivation of a controlled substance, a Level 3 Drug Felony charge and Aggravated Child Endangerment, a Level 9 Person Felony. A downward departure was filed.
Johnson told the court Spear is working very hard to get her 3 children back and is expecting a baby in April. She has been clean for the last 60 days and has had a Drug and Alcohol Evaluation. He asked for probation rather than imprisonment for Spear as he feels she is no longer a threat to society. Judge Cudney granted her 18 months probation with 6 months with the Department of Correction and 12 months post relief. She must register as a convicted felon. The Judge warned this is a border box case and probation is a privilege. If she violates her probation and comes before the court again she will be facing imprisonment.
In the case of the State of Kansas represented by Mitchell County Attorney Mark J. Noah V.S. Tammy K. Frost represented by Rebecca Pilshaw who came before the Judge for Sentencing. She was convicted of a Level 4 Drug Felony charge for the possession of Opus Drugs and a Level 9 Personal Felony charge for Child Endangerment. Pilshaw told the Judge Frost is working very hard to overcome her addiction and has been taking drug and alcohol classes. On count 1 Frost was given six months with the Department of Corrections, 12 months post relief and one year in the county jail. On count two she was given 6 months with Department of Corrections and 12 months post relief. In granting probation the Judge admonished Frost to remember this is a border box situation and if she comes back before the court she will be facing prison charges.
In the case of the State of Kansas represented by Mitchell County Attorney Mark J. Noah VS. Todd Wiles represented by Council Julie Effenbeck. Wiles came before the Judge for Sentencing. A motion for downward departure was recently filed. Drinking was involved in this offense. The original charge has been was changed to a Count 1 of Aggravated Sexual Battery, a Level 5 Personal Felony. He has been reporting to the Court Service Officer and is attending AA meetings.
Effenbeck said this is the first time Wiles has been in court for any offence except a DWI. He and his wife have been attending marriage counseling. Wiles was called to the stand to testify and said he felt alcohol played a part in his lack of judgment. Wiles is receiving counseling at Pawnee Mental Health and has contacted Heartland Rayvac Center on his own to undergo treatment there.
Due to the late filing for a downward departure asking for probation in this case, Judge Cudney reframed from making a decision until she had reviewed the statutes before ruling on this case. At the end of the Criminal Docket the Judge went into seclusion to do this review. She returned to the courtroom to announce her decision to delay sentencing until December 5, and she will address this issue at that time.
In the case of the State of Kansas, represented by Mitchell County Attorney, Mark J. Noah VS Dominic Segura, represented by Kevin L. Phillips. Segura was before the Judge for sentencing. Segura failed to show up for his arraignment in October 3, 2012 and the Judge filled a bench warrant for his arrest. He was charged with Aggravated Assault and refusing to submit to drug and alcohol testing, a Class A, non-person felony. The Judge gave him 24 months probation with the Department of Corrections and 12 months in the county jail.
The case of Michael Sibley was scheduled for a Status/Scheduling Conference but was delayed due to a mix-up in the status of Sibley's defense council who was not present. Sibley was arrested August 10, 2012, and charged with possession of debilitating drugs, possession of drug paraphernalia and interference with law enforcement officers. Following testing Sibley has been judged confident to stand trial. Judge Cudney remanded the matter to the Magistrate Judge and Sibley was returned to custody until that time.
The case of the State of Kansas VS Niklus Lynn Bunch came before the judge for Revocation of Probation. The Judge advised she would review the case and take up the hearing during the December 5 motion day. He will remain in custody until that time.
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