There was a full docket on the agenda in Mitchell County District Court Wednesday afternoon. The Honorable Kim Coney, Chief Judge of the 12th Judicial District Court, presided over the hearing of eight criminal cases before going on to the domestic and civil cases that were pending. Mitchell County Attorney, Mark J. Noah, represented the State of Kansas for all of the criminal cases.
In the case of the State of Kansas vs. James Smith represented by Paul J. Hickman, in the absence of Joseph A. Allen, who came before the Judge asking for Revocation of Hearing. Smith, a resident of Nebraska, was convicted of forgery on September 8, 2010 and was released on probation.
Smith was picked up February 20, 2012 for driving while under sentence and was incarcerated in the Mitchell County Jail for violating his probation, failing to make restitution and failing to complete 50 hours of community service. Smith asked to be released on bond due to the illness of his wife. He told the judge he had employment at a business in Kearney, Nebraska but he had to be there the following day to get it.
The State refused Smith's request to be released on bond and called his patrol officer to the stand to testify. After consideration Judge Cudney released Smith to take the job in Nebraska and charged him to make restitution payments. If he is even a day late on payments the Judge said it would mean an immediate bench warrant for his arrest.
Jeffrey Edwards represented by Paul J. Hickman vs. the State of Kansas who came before the court for Sentencing. He was arraigned in January 2012 and charged with being in possession of more than 1,000 pornographic pictures of children on his computer. He entered a plea on counts 1, 2 and 3 and was found guilty of counts 4, 5 and 6 of sexual exploitation of a child which are level 5 non-person felonies. He had no prior convictions of this nature.
The State recommended Edwards go ahead and serve his 30 months with the Department of Corrections. The Judge ruled that he be sentenced to 36 months with the Department of Corrections on count 2 and 32 months with the department of Corrections on charge 3 with both sentences to run concurrently. He was given credit for 194 days in the Mitchell County Jail. He is to go into a treatment program with Pawnee Mental Health. The Judge reminded the defendant that this is a Border Box case. He will have to file as a sex offender and subject to post relief supervision for the rest of his life as long as the Kansas law on this remains the same as it is at the present time.
In the case of the State of Kansas vs. Aaron Harmon represented by Paul J. Hickman who came before the Judge for sentencing. Harmon was charged with indecent solicitation of a 12-year-old child, a level 5 personal felony charge. He had no prior convictions and had just turned 18 at that time. Attorney Hickman asked the Harmon be granted probation and be allowed to go into a treatment program. He was sentenced to 36 months with the Department of Corrections. This is defined as a Border Box case. He will have to register as a sex offender and be subject to post relief supervision for the rest of his life as long as the Kansas law on this remains the same as it is at the present time.
In the case of Levi Spicher, represented by Julie A. Effenbeck vs. the State of Kansas. Spicher pled 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, a Class A Misdemeanor charge. Spicher pled guilty to all three counts. He will come before the court for sentencing on April 4, 2012.
In the case of Niklus L. Bunch, represented by Julie A. Effenbeck vs. the State of Kansas who came before the court for Arraignment for the January 5, 2012 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-person felony. The other counts were dismissed with prejudice. He was turned over to a court services officer. He will return to court for sentencing on April 4, 2012
In the case of Kevin E. Verhage, represented by Attorney James M. Johnson vs. the State of Kansas. Verhage came before the court for Arraignment. 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. The rest of the charges were dismissed with prejudice. He was turned over to a court services officer and will return to court for sentencing on April 4, 2012.
In the case of case of Darrell Thompson represented by Julie Effenbeck vs. the State of Kansas represented by Jennifer O'Hare, Special Prosecutor. Thompson entered a plea of no contest to count 1 with the remaining counts dismissed. Thompson was charged with a felony charge of driving while intoxicated. 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. This was his fourth offence on this charge. The other charges in this case were dismissed with prejudice. Thompson was remanded to the custody of the Mitchell County Sheriff's Office and will be sentenced on April 4, 2012.
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