Judge Kim Cudney had a busy day in District Court Tuesday when twelve criminal cases came before her. Mitchell County Attorney Mark J. Noah represented the State of Kansas in all twelve cases.
In the case of the State of Kansas VS Kevin E. Verhage represented by Attorney James M. Johnson who came before the Judge seeking revocation of probation. Verhage's plea for revocation was revoked due to violation of bond violations following burglary conviction. Verhage has also been convicted of crimes in Osborne County. He was remanded to the custody of the Mitchell County Sheriffs Department and the Department of Corrections.
In the case of the State of Kansas VS Brian P. Moody, represented by Council Julie A. Effenbeck, came before the Judge for sentencing for criminal threat a level 9-person felony charge. He was sentenced to 8 months and 12 months under jurisdiction of the Department of Corrections with no post relief supervision. He was given credit for 332 days of time served. He was free to leave but remains on probation under the terms of his bond.
In the case of the State of Kansas VS Allen W. Davis represented by Council Julie A. Effenbeck came before the Judge for Status of his case. He was charged with aggravated indecent liberties with a child a level 3 personal felonies and contributing to a child's degradation a level 6 person felony. He pled not guilty at that time and his trial is set for September 12, 2013 unless otherwise advised. The Judge said this is a very serious case due to Davis's prior criminal history. He was held on a $25,000 bond but the State agreed to reduce this to a $15,000 cash assurity bond.
In the case of the State of Kansas VS Farrell L. Hanna, represented by Court Appointed Council Jerry Harrison, who appeared for sentencing. 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 is married and is employed full time. Judge Cudney granted probation but reminded Hanna probation is a privilege and since this is a border box case if Hanna screws up again there is a possibility he will spend further time in jail. He was placed on probation for 18 months with 12 months post relief under jurisdiction of the Department of Correction.
In the case of the State of Kansas VS Clayton E. Koochel represented by Council roger D. Struble who appeared for arraignment. On March 6, 2013, the Beloit Police Department made arrangement to purchase marijuana from the defendant. He was charged with count 1, unlawful distribution of an unlawful substance. Count 2 for possession of drug paraphanila, count 3 intent to sell unlawful substance in a communication facility a level 4 drug offense, no drug tax stamp a level 10 non-person offense, and level 5, possession of Opea a narcotic drug substance, a class A misdemeanor charge. Koochel pled guilty to all five charges at that time. He is to return for sentencing at Motion Day on October 7, 2013.
In the case of the State of Kansas VS Jeremiah L. Mosher represented by Joseph A. Allen who came before the court of Arraignment. Mosher was charged with Ct 1 cultivation of controlled substance a level 4-drug felony. On December 6. 1012, the Beloit police Department apprehended Mosher when he met with a police officer attempting to sell 24 grams of marijuana. Under plea negotiations the remaining charges against him were dismissed with prejudice. The Judge set his sentencing for September 10, 2013 and Mosher was free to leave under the provisions of his bond.
In the case of the State of Kansas VS Mark A. Long, who was to appear for sentencing but did not appear in person, but was represented by Attorney James M. Johnson. Due to the defendant's absence the Judge moved his sentencing to September 10, 2013 but suggested Johnson explain to his client that no further excesses would be accepted.
In the case of Marcus Crannell VS The State of Kansas. Crannell came before the Court for sentencing. 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 in Crannell's possession.
On May 8, 2013, 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. In court Tuesday afternoon Attorney Harrison called Crannell to the stand to testify. After considering Crannell's medical history and the steps Crannell has taken to work with his problems the Judge felt there is an appropriate program to deal with these problems and granted 18 months probation in place of prison time although this was a Border Box case. He was free to leave under the conditions of his bond.
In the case of the State of Kansas VS Christopher Milbers who was represented by Council Julie A. Effenbeck who came before the Judge for Motion/Sentencing. Milbers was formerly charged with sexual exploitation of a child a level 5 person felony charge with a criminal score of I. The defendant filed a disposition for a downward motion. His council said he has sought treatment for his problems and has participated in an alcohol related program. The State supported the request for a downward motion and agreed to the defendant being granted probation and given a chance to work on his problems. The Judge reminded Milbers this is a Border Box case and probation is a privilege not to be taken lightly. She feels a non-prison sanction will better serve the public. He was granted 32 months under the jurisdiction of the Department of Corrections and a lifetime supervision of registering as a sexual predicator.
In the case of Jeffery L. Roberts represented by Julie A. Effenbeck who appeared for a status report. The Judge said Roberts was not to be released until he has completed a drug assessment on Wednesday. Depending on status of charges pending in Saline County Roberts is to return here for sentencing on September 10, 2013.