The Honorable Kim W. Cudney, Chief Judge of the 12th Judicial District, presided over a large criminal docket in Mitchell County District Court again this month on Motion Day, June 5, 2013 when Ten criminal cases came before the Judge. 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 State of Kansas VS. Dexter D. Briscoe who was represented by Joseph A. Allen, Court Appointed Council.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 was to be sentenced during Motion Day on May 8, 2013. Judge Cudney ordered a Pre-Sentencing Investigation be made before that time.
In April 3, 2013 Briscoe appeared for Waiver/Arraignment on three different issues. Cases 13CR-11 and 13CR17 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.
Briscoe came before the Court for Sentencing at the May Motion Day and filed a motion for probation that was denied by the State and also Judge Cudney. Briscoe appeared in Court again yesterday for a hearing on a motion. His Court Appointed Attorney, Joseph Allen, was present and withdrew from the case. Briscoe is appealing his sentence and hiring an Appellate Court Defender to represent him on this issue in Appellate Court.
In the case of the State of Kansas VS. Erik Michael Salsman who has a lengthy criminal history, came before the court for sentencing. Court Appointed Attorney Jerry L. Harrison represented Salsman. 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.
During his arraignment at the May Motion Day Salsman 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. During his sentencing procedures yesterday it was stressed this was his first drug charge as an adult. His council requested Salsman be placed on probation. The State did not oppose granting probation if the defendant agreed to pay the necessary charges in the case. Judge Cudney granted this request based on the provisions given but told Salsman it would be best that this court not see you again.
In the case of the State of Kansas VS Farrell L. Hanna, represented by Court Appointed Council Jerry Harrison, who appeared for arraignment. On November 28, 2012, Hanna used a cell phone to transact a drug deal. He set up a meeting with a person who was a member of the Beloit Police Department. He was charged with Count 3 of using a public facility to complete a drug transaction a Level 8, non-person felony. Count 4 was for not having a tax stamp, a Level 10 non-person felony charge. Count 5 was Class A misdemeanor felony. The remaining counts were dismissed with prejudice. The defendant was already on bond but bonded out. The State had no objection to letting him out on another bond. Judge Cudney reinstated his bond and said this is a border box case and if Hanna screws up again there is a possibility he will spend further time in jail. He was free to go once he made bond.
In the case of the State of Kansas VS Gregory A. Hiserote, represented by Joseph A. Allen. On May 8,2013 Hiserote was stopped by members of the Beloit Police Department and the Mitchell County Sheriff's Department in the parking lot of Catlin's Apple Market. At that time the defendant refused to cooperate with the officers. Started his vehicle and headed it at another officer. When he was apprehended officers found 9 grams of Marijuana and a quantity of methanphedimine packages in the vehicle.
Hiserote was charged on Count 1 - Aggravated assault of a police officer, a Level 6 person felony; Count 4 - Fleeing and alluding a police officer, a Level 9 person felony; Count 5 - Interfering with a law enforcement officer in the line of duty, a Level 9, person felony. Count 8 -having unlawful drugs with intent to distribute a Level 3 drug felony and Count 13 - unlawful possession of a controlled substance, Marijuana with intent to distribute a Level 5 drug felony. The State dismissed the rest of the charges with prejudice. The Judge ordered a 30 day pre-sentencing report to be filed and set Hiserote's sentencing for the July 8, 2013 Motion Day.
In the case of Soan S. Snyder, represented by Council Julie A. Effenbeck, VS the State of Kansas. According to a report by a Mitchell County Sheriff's Department officer, on April 28 2013 the defendant had spent most of the evening drinking. His wife and child had been to a women's meeting and had car trouble on the way home. A man named Bell found her sitting in her car on the road and took them home. Snyder confronted Bell with a 22 - caliber pistol. Snyder plead no contest at his arraignment Wednesday. He was charged with Count 1 - Aggravated assault with a firearm, a Level 7, person felony and Count 7 - Domestic Battery a Level 7 Class C personal felony. Sentencing for Snyder was set for July 8, 2013 Motion Day. At that time Snyder's wife stood in the audience and asked that he be allowed contact with his wife and child. She explained they have a temporary parenting plan in place. Judge Cudney allowed a bond modification to be made to allow this change.