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Unusually Large Criminal Docket For District Court Wednesday

There were 13 cases listed on the Criminal Docket to come before 12th District Court Judge, Kim Cudney, in Mitchell County Courtroom on Wednesday. Two cases on the docket were not brought before the Judge during the day's court session.

Four of the cases came before the Judge for expungement. Three were charged to one defendant and the last one charged to the final defendant. They were asking to have past arrests and charges expunged from their records. After hearing the testimonies of those making application and considering each case separately, Judge Kudney granted their requests.

Richard Peterson came before the court for Revocation of Probation in two separate cases. The State of Kansas was represented by Mitchell County Attorney, Mark J. Noah, with Counselor Julie A. Effenbeck representing the defendant. The State recommended that the first case sited be dismissed since the defendant had only has three days left to serve on his sentence.

In the second case, Peterson served time in Smith County where the case has since been dismissed. The defendant was returned to the Mitchell County Jail where he has served time since last November. Peterson has paid all fees, made restitution as requested, and completed all the obligations placed upon him. He has had no violations since the case in Smith County was dismissed. The State was in agreement with the defense that no evidence was presented to prevent his being placed back on probation. He was given credit for time served and released on probation under the conditions set by the Judge.

In the case of Darryl L. Thompson represented by Councilor Julie Effenbeck vs. The State of Kansas represented by Special Prosecutor, Jennifer O'Hare. Thompson came before the court for Sentencing.

On October 12, 2012 Thompson was stopped while driving a car that was seen to be driving in both lanes and liquor was found in the car. Thompson was charged with his fourth offence for driving while intoxicated. The other charges in this case were dismissed with prejudice. This charge is punishable by one year in the county jail.

Thompson entered a plea of no contest to Count 1 on March 7, 2012 when he was served with his 4th offence of Driving while intoxicated which is a felony charge. The remaining counts were dismissed with prejudice. This is a Class A, non-drug, non-person offense punishable by l year in the county Jail.

Thompson failed to appear at his Arraignment. Thompson failed to appear for his Arraignment on DUI charges at the December 5, 2011 Motion Day. At that time, Judge Cudney issued a Bench Warrant for his arrest and the case was extended since the defendant could be found and the warrant had not been served at that time. The county requested added payment for having to make a trip to bring him back. This charge is punishable by one year in the county jail if the Judge so desires. He received no post relief and no prison time. He was placed on probation with the Department of Corrections and given credit for 67 days of jail time. He is to serve 50 hours of Community Service and pay all court costs. He is to finish out his 120-day sentence and was remanded to the custody of the Mitchell County Sheriff's Office.

In the case of Levi Spicher, who came before the court for Sentencing. He was represented by Julie A. Effenbeck vs. Mitchell County Attorney, Mark J. Noah, representing the State of Kansas. On March 7, 2012, Spicher entered a plea of no contest to events that took place on December 7, 2011 with two children, age 3 and 5 when he became intoxicated. He was convicted on count 5 of aggravated child endangerment. A level 9 personal felony and counts 7 and 8 for contribution to a child's misconduct or degradation, Class A, non-person, no theft, Misdemeanor Felony charges.

Spicher received 9 months with the department of Corrections; 12 months post relief supervision on count 1 and 12 months each in the county jail on counts 2 and 3. He was to pay all court costs and placed on probation for 12 months with credit for the time he was incarcerated.

In the case of James Raab, represented by Julie A. Effenbeck vs. The State of Kansas who appeared for Arraignment. On April 8, 2011, Rabb wrote a check drawn on the 1st National Bank of Beloit in the amount of $140 at Catlin's Apple Market without sufficient funds to cover it. It was discovered he had also written two other checks with insufficient funds to cover them to Alco in Beloit. He pled guilty on count 1 and the remaining counts were dismissed with prejudice. This is a Class A, non-person offence. In a plea agreement Raab is to make restitution of at total of $2,571. He will appear for sentencing on May 4, 2012. He was to report to the Court Services Officer after his appearance.

In the case of Niklus L. Bunch, represented by Julie A. Effenbeck vs. the State of Kansas who came before the court today for Sentencing. He appeared for Arraignment for the January 5, 2012 for a break in at Donker's Liquor Store in Beloit in the early morning hours. He entered a plea of no contest and was found guilty of the charge of breaking and entering, a Level 7, non-drug related non-person felony. The other counts were dismissed with prejudice.

Councilor Effenbeck told the Judge the defendant used very bad judgment but appears to have learned his lesson. Judge Kudney gave Bunch 24 months with the Department of Corrections; 12 months post relief and placed him on probation. He was given credit for 6 days in the county jail and is to pay restitution, as joint in several, with case #12CR-O5. He is to do 50 hours Community Service. Bunch is presently unemployed which is a condition of his probation. He is to be given a period of time to gain employment and make all payments on time. He was free to leave under the provisions imposed by Judge Kudney.

In the case of Kevin E. Verhage, represented by James M. Johnson vs. the State of Kansas. Verhage came before the court today for Sentencing. He pled no contest to the charge of breaking and entering at Donker's Liquor Store on January 5, 2012 along with Niklus L. Bunch. This is a Level 7 non-drug related, non-person felony. The rest of the charges were dismissed with prejudice. Councilor Effenbeck again sited poor judgment but said he had no former charges.

Verhage is to serve 12 months with the court Services Office and 12 months of post relief. He is to serve 50 hours of Community Service and make regular restitution payments, as joint in several, with case #12CR-220. Verjage was placed on probation for 24 months and be given credit for 7 days of jail time. He was free to leave under the provisions imposed by Judge Kudney.

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Beloit, KS 67420, USA