The Honorable Kim W. Cudney presided over a large criminal docket in Mitchell County District Court Wednesday afternoon, May 8, 2013 with seventeen criminal matters coming before her for judgment. Mitchell County Attorney, Mark J. Noah, represented the State of Kansas in each case. The most significant of the cases are listed below.
In the case of the Defendant, Jeremy L. Nelson VS. The State of Kansas. Nelson came before Judge Cudney Wednesday for Arraignment on three different charges. Nelson appeared in person represented by Julie A. Effenbeck, Court appointed attorney.
On August 9, 2012, The Beloit Police Department and Mitchell County Sheriff's Department were dispatched to the Waconda Motel in Beloit, Mitchell County, Kansas to investigate a report of suspected illegal drugs. Their investigation resulted in the execution of a search warrant of the room rented by the Defendant. Green vegetation was discovered that tested positive for Marijuana. The Defendant has at least two previous convictions for possession of Marijuana.
In Court yesterday, the defendant tendered a plea of guilty/no contest to Count Two, Possession of a Hallucinogenic Drug and was found guilty of this offense. The State dismissed the remaining counts with prejudice.
On August 16, 2012, the Beloit Police Department was dispatched to a welfare check at Highway 24, east of the 24/14 Junction, Beloit, Mitchell County, Kansas. The officer found the Defendant and Rita Saltkill in a van where loud yelling was observed. The second officer arrived at the scene and observed a bag of green vegetation where the Defendant had been sitting that tested positive for marijuana.
Nelson appeared before Judge Cudney in person represented by Julie A. Effenbeck, Court appointed attorney. Nelson tendered a plea of guilty/no contest to Count One, Possession of a Hallucinogenic Drug, a Level 5 Drug Felony. The Court found him guilty of this charge as well as Count Two, Possession of a Hallucinogenic Drug, a Level 5 Drug Felony. The State dismissed the remaining counts. The Defendant was remanded to the Mitchell County Jail. Sentencing is scheduled for July 8, 2013 at 1 p.m. Attorney Noah disclosed that Nelson is on probation in a Cloud County Case and subject to a Bench Warrant.
In the case of Marcus Crannell VS. The State of Kansas. Crannell came before the Court for Arraignment. He appeared in person represented by Court-appointed attorney Jerry L. Harrison. On September 5, 2012, Deputy Luke Deneke of the Mitchell County Sheriff's Office and Officers Bran Ellis and Corey Lusk of the Beloit Police Department investigated a vehicle parked in the middle of the road. During the search of the vehicle, Deputy Deneke discovered a quantity of marijuana and methamphetamine.
Crannell tendered a plea of guilty/no contest to count one, unlawful possession of a controlled substance, a Level 5 Drug Felony and count two, unlawful possession of controlled substances, a Class A non-person misdemeanor. The court dismissed the remaining charges with prejudice. The defendant will appear in District Court for sentencing on July 8, at 1 p.m.
In the case of the State of Kansas VS. Erik Michael Salsman who came before the Court for Arraignment in person and represented by Court appointed attorney Jerry L. Harrison. On October 22, 2012, the Beloit Police Department conducted a controlled purchase of marijuana at 209 E. Main. A cooperating individual made cell phone contact with the Defendant to make arrangement with Salsman to purchases seven (7) grams of marijuana for $175. The cooperating individual arrived at the residence where the defendant took the money and handed over seven (7) plastic bags of marijuana. No drug tax stamp was attached to the package. The defendant has additional marijuana in his possession. This was seized and found to be positive for THC.
The Defendant tendered a plea of guilty to Count 1, Cultivation of controlled substances a Level 4 Drug Felony; County Two, Possession of Drug Paraphernalia with intent to distribute, a Level 5 Drug Felony; County Three, no drug tax stamp a Level 10 non-person Felony; and County Four, Use of a Communication Facility to facilitate a drug transaction and Count Five, possession of a hallucinogenic drug, a Class A non-person misdemeanor. Salsman was released under the conditions of his bond and was free to leave. He will return for sentencing in District Court on June 5, 2013,
In the case of the State of Kansas VS. Christopher Kurt Milbers who came before the Court for Arraignment. Milbers appeared in person represented by Julie Effenbeck, Court appointed attorney. On February 24, 2013, during an investigation conducted by Beloit Police Department Officers and Special Investigator Tiffany Robinson of the Mitchell County Attorney's Office, nude digital images of a fourteen-year old girl were discovered on a cell phone belonging to and on a computer used by the Defendant. The nude digital images were sexually explicit in nature and solicited by the Defendant with the intent to satisfy the Defendant's sexual desires. At the time of the offense the defendant was eighteen and the victim was fourteen years of age.
In court yesterday the Defendant tendered a plea of guilty/no contest to Count Five, Sexual Exploitation of a Child, a Level 5 Person Felony and he Court found the Defendant guilty. The State dismissed the remaining counts with prejudice. The Defendant will have to register as a sex offender for the next 25 years. He was remanded to the Mitchell County Jail and sentencing is scheduled for July 8, 2013 at 1 p.m.
In the case of the State of Kansas VS. Thomas L. Motes represented by Attorney James M. Johnson. Motes appeared before the Court for sentencing on the charge of Battery against a Police Officer, a Level 5 Border Box matter. The defense presented a motion for departure. All of Motes offenses are alcohol related and he has never been granted probation before. He is undergoing treatment at Pawnee Mental Health, is attending AA meetings and has acquired a job. The Judge determined Motes granted him 36 months probation under supervision of Court Services and did not charge him to serve prison time. He was released under the conditions of his bond.