Motion Day was held in the Mitchell County District Courtroom Wednesday afternoon. The honorable Kim Cudney, Chief Judge of the 12th Judicial District, was on hand to try the cases that were to come before her. Eleven cases were on the docket to be heard. Mitchell County Attorney was present to represent the State of Kansas in all of the eleven cases.
The afternoon agenda was shortened for two different reasons. The defender for four of the cases was absent due to health problems causing the Judge to have to declare a continuation on these matters until the next Motion Day on May 8, 2013. At that time, they will come before the Judge for Arraignment. These include Jeremy L. Nelson on three different charges, Ronald E. Dyke on one count for Waiver/Arraignment. Janeal L. Allen-Spear, represented by James M. Johnson also did not appear for a Revocation of Probation hearing listed on the agenda.
Brandon J. Ridder was present in the courtroom along with his Council, Joseph A. Allan. Ridder was charged on two different counts set for Sentencing that afternoon. However, due to information presented by Mitchell County Attorney, Mark J. Noah to Councilor Allan, who did not received the message of the arrest until court time, these two charges had to be postponed until the May 8th Motion Day to give both sides time to review the new charges. He was arrested yesterday on a separate issue that could have an impact on the outcome of this case. Since this is a border box case these recent charges could send him to prison if he is found guilty. The case will be continued until the May 8th Motion Day docket. Ridder will remain in custody and his bond will be continued until that time.
In the case of the State of Kansas VS. Thomas Motes represented by James M. Johnson, who came before the Judge for Waiver/Arraignment. Motes waived his right to a Preliminary Hearing. Motes was charged with 10 counts of assault and battery with eight of them being dismissed with Prejudice. Count 1 was for Battery against a Correction Officer a Level 5 Personal Felony. The Second was for battery assault against a Law Enforcement Officer, a Level 9 Personal Felony.
According to Attorney Noah, on February 14, 2013, Motes was being booked on unrelated charge at the Mitchell county Law Enforcement Center when an altercation occurred in which Motes bit Officer Patrick Wilson on the arm. Motes pled no contest to the charge. The Judge ordered an investigation report and Motes will continue on Bond Supervision. He will appear for sentencing on May 8 at 1 p.m.
In the case of the State of Kansas VS. Dexter D. Briscoe represented by Joseph A. Allen as Council. Briscoe appeared for Waiver/Arraignment on three different issues. Cases 13CR-11 and 13CR-17 were dismissed with prejudice. Briscoe was tried on case 13CR-14 and waived his right to a Preliminary Hearing. He was held on nineteen different charges having to do with drug involvement. Charges 8 through 14 were for possession with intent to sell. Charges 5, 6 and 7 were for possessing drug paraphernalia. Charge #15 was for use of a convenience facility to complete a drug deal. He was held accountable to charge #2, a Level 3 Drug Felony. Charge # 5 is for not having drug stamp, which is a Level 5 drug Felony, and Charge #19 is for Possession of Marijuana, a Class A Misdemeanor. Briscoe pled no contest to any of these charges.
On February 19, 2013, Beloit Police Officers made arrangement to purchase drugs from Briscoe for $170. At that time, he was arrested and charged with not having a drug tax stamp. Officers obtained a Search Warrant for Briscoe's apartment and found scales used to weigh and package drugs. A supply of Marijuana was also found on the premises. Briscoe was unable to post bond and has remained in police custody in the Mitchell County Law Enforcement Center since that time. He will be sentenced during Motion Day on May 8, 2013. Judge Cudney ordered a Pre-Sentencing Investigation be made before that time.
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