Criminal division
The following information has been filed in the criminal division of Marion County District Court:
Dustin Dean Altum, domestic battery; first appearance hearing held; arraignment hearing at 9:45 a.m. March 12.
David D. Orcutt, manufacturing of a controlled substance, possession of ephedrine or a derivative as a precursor to an illegal substance, sale etc. of opiates, opium, or narcotic drugs, possession of opiates, opium, or narcotic drugs, possession of anhydrous ammonia for illegal production of a controlled substance, no drug tax, possession of simulated controlled substances or drug paraphernalia; first appearance hearing held; preliminary hearing at 9:30 a.m. Feb. 20.
Debbie J. Orcutt, manufacturing of a controlled substance, possession of ephedrine or a derivative as a precursor to an illegal substance, sale etc. of opiates, opium, or narcotic drugs, possession of opiates, opium, or narcotic drugs, possession of anhydrous ammonia for illegal production of a controlled substance, no drug tax, possession of simulated controlled substances or drug paraphernalia; first appearance hearing held; preliminary hearing at 9:30 a.m. Feb. 20.
Angela Dawn Herzet, two counts of giving a worthless check less than $500; first appearance hearing at 10:30 a.m. Feb. 25.
Douglas B. Stout, giving a worthless check less than $500; first appearance hearing at 10:30 a.m. Feb. 25.
Amiee Lyn Drollinger, two counts of giving a worthless check less than $500; first appearance hearing at 10:30 a.m. Feb. 25.
Timothy W. Hatch, two counts of giving a worthless check less than $500; bond appearance at 10:30 a.m. Feb. 25 for failure to appear.
Jennifer R. Browning, two counts of theft of motor fuel; defendant entered plea of no contest to count one, upon motion of county attorney count two is dismissed with prejudice and agreed to no further charges in this matter, defendant sentenced to a controlling sentence of 60 days in the custody of Marion County Sheriff which was suspended, defendant was placed on immediate supervised probation with a court services officer for 12 months, and ordered to pay court costs of $128, probation fee of $25, booking fee of $45, restitution of $70, and court-appointed attorney's fees as ordered by the court.
Albert D. Banks, sale or possession with intent to sell hallucinogens, possession of opiates, opium, or narcotic drugs, no drug tax, possession of simulated controlled substances or drug paraphernalia, defendant ordered to serve 28 months with Kansas Department of Corrections, 12 months of supervised probation upon release, and ordered to pay $163 court costs and $100 in other fees.
Toni M. Vaughn, three counts of giving a worthless check less than $500; upon motion of the county attorney counts two and three are dismissed with prejudice, defendant is sentenced to a controlling sentence of 60 days in the custody of the Marion County Sheriff which was suspended, defendant was placed on immediate supervised probation for 12 months, and ordered to pay court costs of $128, booking fee of $45, and restitution of $977.16; defendant also owed an additional $204.80 for a check received by the county attorney; defendant cannot obtain or maintain a checking account and is to complete the Credit For Life class through Central National Bank, Marion.
Kelli DeFreese, criminal trespass; defendant is sentenced to a controlling sentence of 30 days with Marion County Sheriff which was suspended, defendant was placed on immediate supervised probation for one year, 90 days will be supervised by court services and the remaining time will be unsupervised; defendant shall serve 48 hours in Marion County Jail for every positive drug/alcohol test, refusal to submit, or admission of usage, shall not have contact with the victim, complete 25 hours of community service work, and pay court costs of $117, restitution of $10 to victim, probation fee of $25, booking fee of $45, and court-appointed attorney fees as determined by the court.
Jordan A. Allen, original charges of four counts of a burglary of a building used as a dwelling, two counts were amended to two counts of theft of less than $1,000; defendant sentenced to a controlling sentence of 12 months for count one, a controlling sentence of six months for count two, a controlling sentence of 30 days for count three, and a controlling sentence of 30 days for count four to be served concurrently in the custody of the Marion County Sheriff, defendant was given credit for time served, the sentence was suspended and the defendant was placed on immediate supervised probation for 18 months with a court services officer to be concurrent with a Morris County case, defendant shall serve 48 hours in Marion County Jail for every positive drug/alcohol test, refusal to submit, or admission of usage, shall not enter any establishment whose primary source of income is from the sale of alcohol or cereal malt beverage, shall follow all conditions of the court services/community corrections program, complete 20 hours of community service work, have no contact with the co-defendants or victims, directly or indirectly, and pay court costs of $128, probation fee of $25, booking fee of $45, and court-appointed attorney fees as determined by the court.
Gail L. Leighty, three counts of giving a worthless check less than $500; defendant entered a plea of guilty to count one, upon motion of the county attorney the remaining counts were dismissed with prejudice; defendant sentenced to a controlling sentence of 60 days in the custody of the Marion County Sheriff which was suspended, defendant was placed on immediate unsupervised probation for 12 months, ordered not to obtain or maintain a checking account, complete the Credit for Life class at Central National Bank, meet with a court services officer to establish a payment plan with all fees paid within the term of probation, and ordered to pay court costs of $128, booking fee of $45, and restitution of $976.14.
Cory Helmstead, burglary of a building used as a dwelling, theft of less than $1,000, criminal damage to property less than $500, counts one and three were dismissed; defendant sentenced to a controlling sentence of 60 days for count two in the custody of the Marion County Sheriff which was suspended, defendant was placed on immediate supervised probation for one year with a court services officer, said probation can be transferred to Reno County, defendant shall serve 48 hours in Marion County Jail for every positive drug/alcohol test, refusal to submit, or admission of usage, shall not enter any establishment whose primary source of income is from the sale of alcohol or cereal malt beverage, complete 25 hours of community service work, have no contact with the co-defendants or victims, directly or indirectly, shall follow all conditions of the court services/community corrections program, and pay court costs of $128, restitution of $100, probation fee of $25, booking fee of $45, and court-appointed attorney fees as determined by the court.
Darrel D. Heslet, original charge of aggravated indecent liberties with a child 14 years of age or younger was amended by the county attorney to aggravated sexual battery; defendant sentenced to 48 months in the custody of Kansas Department of Corrections.
Ronald Williams, burglary of a motor vehicle, aircraft, or other means of conveyance, theft of less than $1,000, criminal damage to property less than $500, count one was dismissed; defendant sentenced to a controlling sentence of 60 days for count two and a controlling sentence of 60 days for count three to be served consecutively in the custody of the Marion County Sheriff and shall be given credit for time served, the sentence was suspended and the defendant was placed on immediate supervised probation for one year with a court services officer, probation can be transferred to Dickinson County, defendant shall serve 48 hours in Marion County Jail for every positive drug/alcohol test, refusal to submit, or admission of usage, have no contact with co-defendant, and pay court costs of $128, probation fee of $25, booking fee of $45, restitution of $97.60, and court-appointed attorney fees as determined by the court.
Christopher E. Stephen, motion hearing held and motion granted for defendant to forfeit $10,000 bond with interest.
Aaron D. Redburn, possession of stolen property more than $500, theft of less than $1,000, count one was amended to criminal depravation of property; defendant sentenced to a controlling sentence of one year in the custody of Marion County Sheriff which was suspended, defendant was placed on immediate supervised probation for one year with a court services officer, probation shall be supervised by mail, defendant shall serve 48 hours in Marion County Jail for every positive drug/alcohol test, refusal to submit, or admission of usage, have no contact with co-defendants, and pay court costs of $128, booking fee of $45, restitution of $96, and court-appointed fees of $400. Fees were to be paid Jan. 7.
Brandon L. David, aggravated assault on a law enforcement officer which was amended to assault on a law enforcement officer; defendant entered plea of no contest to the amended charge. A pre-sentence investigation was ordered to be presented at 11 a.m. Feb. 25.
Randy Herbel, rape, sexual intercourse with a child under the age of 14 (violation date of Aug. 1, 2006); court found that based on a psychological evaluation performed by Horizons Mental Health Center of Hutchinson and the proffer by defense counsel, there is reason to believe the defendant is incompetent to stand trial, the defendant was ordered to submit to an examination at Horizons Mental Health Center to determine his competency to stand trail, and comply with any recommendations for treatment made in the examination.
Brent E. Rauh, original charge of theft of less than $1,000; court found defendant had violated his probation and did not report as directed, failed to remain drug-free and crime-free, did not obtain written permission to leave the supervising county, did not make payments to the court, and failed to complete treatment; court reinstated supervised probation for 24 months with community corrections to be concurrent with another Marion County criminal case, shall complete treatment in a halfway house and any additional terms and conditions made by Central Kansas Foundation, and ordered to pay any additional court-appointed attorney fees as determined by the court.