Kim Cudney, Chief Judge of the 12th Judicial District, dealt will an extra long docket of eighteen criminal cases Monday afternoon at the Mitchell County Courthouse Courtroom taking from l p.m. to 4 p.m. to cover all the cases on the agenda. After a short break the Judge continued with eight domestic cases and one civil case before her day was over. Mitchell County Mark Noah represented the State of Kansas in all of these cases.
Two of the cases on the docket resulted in the defendants pleading not guilty facilitating the need to schedule trials to be held in the Mitchell County Courtroom to bring them to a conclusion. These will take place in the next few months at the expense of Mitchell County taxpayers.
Timothy Horacek, represented by Attorney Robert A. Thompson, came before Judge Cudney for Arraignment. He is charged with Count 1 of criminal possession of firearms, a Level 8 non-person felony, Count 3 criminal possession of explosives and Count 4 criminal hunting practices, a Level 5 non-person felony. Counts two and three were dismissed with prejudice. Horacek pled not guilty to all charges. His two day trial was set for November 12 and 13 at 9 a.m. He is free on bond and was released under the prior conditions of his bond.
Brian P. Moody, represented by council Julie Effenbeck, came before the Judge for Arraignment. On August 7, 2012, the Beloit Police Department was called out in an incident where Moody threatened a victim resulting in his arrest for Count 2, criminal threat a Level 9 person felony. Moody entered into plea negotiations and was sent for competency evaluations by his caseworker. His bond was ultimately revoked due to further criminal activity. He is involved in another Mitchell County case and has a criminal history. He was remanded to the custody of the Mitchell County Sheriff's Department and will remain in jail until the time of his sentencing during Motion Day on August 13, at 1 p.m.
Allen W. Davis, represented by council, Julie Effenbeck came before the Judge for Arraignment on Count 1 of aggravated indecent liberties with a child, a Level 7 personal felony and Count 3 for contributing to a child's degradation a Level 6 person felony. The defendant pled not guilty to all charges. Council Effenbeck asked the Judge to consider reducing the bond amount reduced, as the defendant cannot meet the $25,000 amount. The Judge refused this request. Davis will return to court on Motion Day, August 13, for a status report. His one-day trial was set for September 12, 2013 with 50 jurors summoned and 28 jurors seated. He was remanded to the custody of the Mitchell County Sheriff's Department until his next court appearance in order to insure the public's safety.
Gregory A. Hiserote with council Joseph A. Allen, came before the Judge for Arraignment on two separate charges during the June Motion Day proceedings. He appeared in court Monday for Sentencing. The state dismissed case 13CR-25 with prejudice. He pled no contest to either case. In case 13CR30 Hiserote was stopped by a member of the Beloit Police Department and refused to cooperate with the officer. He turned the car at another officer in the parking lot of a local grocery store. He was found to have 9 grams of marijuana and a package of methamphetamines in his vehicle. He was charged with possession of an illegal substance, a Level 4 drug charge, attempted unlawful distribution of illegal drugs, a Level 5 drug felony, aggravated assault on a police officer, a Level 9 person felony, fleeing and eluding a law enforcement officer, a Level 9 person felony. He entered a plea of guilty to all charges in June 5, 2013. The Judge sentenced him to 18 months with the Department of Corrections with 24 months post relief and 11 months with the Department of Court Services and 12 months post relief supervision. She told Hiserote this is a presumptive prison case. He was remanded to the custody of the Beloit Law Enforcement Center.
Christian Daniels, represented by Julie Effenbeck, came before the Judge for Sentencing for Count 1 unlawful voluntary sexual relations misconduct which is a Level 8, personal felony and Count 2, battery, a Class 2 person offense. He pled no contest. Daniels was granted probation but is to serve 18 months with Community Corrections with 12 months post relief. He is to pay for restitution on medical bills and counseling for the victim as well as her mother. Daniels was granted probation with no objections from the State but must take part in the Sex Offender Management Program, have no contact with the victim and receive treatment at the Pawnee Mental Health center. He is not to reside in a home having young children other than his siblings and do 50 hours of Community Service work.