Judge Kim Cudney, Chief Judge of the 12th Judicial Court, had a busy agenda in Mitchell County District Court Wednesday and the courtroom was even fuller than ever as the afternoon proceeded. Eight criminal cases, eleven domestic cases and five civil cases were on the docket to be heard. Mitchell County Attorney Mark J. Noah represented the State of Kansas in each of the following cases.
During the criminal proceedings, Jeffrey A. Edwards, represented by Julie Effenbeck, came before the Judge for Revocation of Probation. He came before the court for arraignment on January 9, 1012. According to County Attorney Noah the defendant was found to be in possession of over 1000 pornographic pictures of under aged children at that time.
Edwards entered a plea on counts 1, 2, and 3 and was found guilty of counts 4, 5 and 6 of sexual exploitation of a child which are level 5 non-person felonies. At that time he entered a plea of guilty on three counts of sexual exploitation of a child, which are level 5 non-drug related personal felony offenses. This placed Edwards in the border box severity level range for personal felony charges. Edwards was sentenced to 36 months with the Department of Corrections on Count 2 and 32 months with the Department of Corrections on Count 3 with both sentences to run concurrently.
Edwards was to go into a treatment program at Pawnee Mental Health Services. The Judge reminded the defendant that this was a Border Box case and if he came before the court again he would do prison time. Since this was his first offense, the Judge placed Edwards on probation and set sentencing in this case for the March 7, 2012 at 1 p.m. in Mitchell County District Court.
Since that time, Edwards was picked up for violating the terms of his probation and spent time in the Mitchell County Jail. He was not to have contact with minor children and not view pornography both of which he was shown to have done. It was also found that he engaged in sexual behavior and did not report this to his probation officer. He will have to submit to an evaluation for his sex obsession and was sentenced to serve 36 months of prison time.
Wilse E. Daniels came before the judge for sentencing, represented by Attorney Richard C. Comfort. On January 7, 2013 Daniels entered a plea of guilty to Count 1 of taking indecent liberties with a child, a level 5 personal felony with a criminal score of 5 and Count 2 which was also for taking indecent liberties with a child. Daniels will have to register as a sex offender and be subjected to post relief supervision for the rest of his life. He was given credit for the time he has been incarcerated in the Mitchell County Jail and given 41 months with the Department of Corrections on Count 1 and 32 months with the Department of Corrections on Count 2. The sentences will run concurrent to each other as requested by his attorney.
Steve File, represented by Attorney Richard Blackwell, came before the judge for sentencing. The defense attorney filed a Motion for Departure. File pled guilty to drug felony charges including, possession of a hallucinogenic drugs, cultivation of a controlled illegal substance, which is a level 3 drug felony and no drug stamp a level 10 felony charge. He was also charged with being in possession of a firearm at the time of his arrest, which is against Kansas Law.
County Attorney Noah agreed with the defense attorney that the possession of a gun was not with intent to commit a crime. He said the State would not include this in their charges. Defense Attorney Blackwell asked the judge to consider the Motion for Departure since this was the defendant's first offense. He also told the court File has a large amount of debt he will have to pay to the Department of Revenue.
The State recommended the Judge approve the Motion for Departure. After deliberation, Judge Cudney approved this action but recommended File have an evaluation and undergo treatment with Pawnee Mental Health Services. The Judge said she felt this would have more effect in this case than a prison term. He is to have 36 months under the supervision of Community Corrections and must perform community service. File was remanded to the custody of Mitchell County Sheriff to serve 10 days in the Mitchell County Jail.
Nathaniel M. Shelton represented by Nels P. Noel came before Judge Cudney for Sentencing. On January 7, 2013, he entered a plea of guilty to Count 1 of Aggravated Child Endangerment a level 9 personal felony and Count 2 of fleeing a law enforcement officer, also a level 9 personal felony. On Count 1 the Judge gave him 8 months with the Department of Corrections with 12 months post relief supervision. On Count 2 he received six months of post relief supervision. Both sentences are to run concurrently at his attorney's request.
Brandon J. Ridder, represented by Joseph A. Allen, was charged in two different cases and came before Judge Cudney for Sentencing. Law enforcement officers stopped ridder on October 21, 2012 and observed a burnt smell of marijuana in the vehicle. He was charged with unlawful possession of a controlled substance a level 5 drug felony. He entered a plea of guilty. Ridder had previously been convicted on drug charges in Jewell County. On September 20, he was found guilty of cultivating a controlled substance, a level 4 drug felony. He made arrangements to sell drugs to a buyer for $170 and the buyer turned out to be a Beloit Police Officer. He pled guilty to a second level 4-drug felony charge. Ridder was free to go today under provisions of a bond that was previously set. He will return to court on April 3, 2013 for Sentencing on both of these charges.
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