Monthly Archives: July 2015

7/31 Weekly Media Release

From the Office of the Commonwealth’s Attorney. Please see our Media Releases page at louisvilleprosecutor.com/media-releases for more details and archives.

PDF download of this document

Seal of Kentucky
OFFICE OF THE COMMONWEALTH’S ATTORNEY
COMMONWEALTH OF KENTUCKY
30th JUDICIAL CIRCUIT
THOMAS B. WINE, COMMONWEALTH’S ATTORNEY

Weekly Media Release: August 3 – August 7, 2015

Attention: Assignment Editor
Prepared By: David A. Erhart, Assistant Commonwealth’s Attorney
Director of Communications: Jeff Cooke
Office: (502) 595-2340 Ext. 3027
Cell / Text: (502) 262-5809
E-mail: jcooke@louisvilleprosecutor.com

NOTE:  These represent only a few of the many cases which the Office of Jefferson County Commonwealth’s Attorney is handling.  If you have any comments, or need further information concerning these or any other matters please do not hesitate to call.  An indictment is only an accusation.  A defendant is presumed innocent until or unless found guilty.  The enclosed court actions are subject to change.

According to the Rules of Criminal Procedure (RCr 3.02, 3.05, and 8.01), the arraignment of individuals whose case has been submitted directly to the grand jury shall take place within a reasonable time after the return of an indictment.  If you are interested in a case that has been submitted directly to the grand jury, then please contact the court division in which it has been assigned to obtain the time and date of the arraignment.

ARRAIGNMENT

Andrew Z. McAllister, Austin S. Priddy, and Carmon A. Tussey, 15CR2042 (Complicity to Murder (All), Complicity to Robbery in the First Degree (All), Wanton Endangerment in the First Degree (Priddy only), Tampering With Physical Evidence (Priddy and Tussey))

  • Messrs. McAllister (DOB 4/27/95), Priddy (DOB 11/7/95), and Tussey (DOB 2/8/96) are charged in connection with the July 16, 2015, killing of Mr. Miguel Macias at the Mall Gate Apartments in St. Matthews. Arraignment is set for Monday, August 3, 2015, at 8:30 a.m in Division One of Jefferson Circuit Court.  Arraignment may occur earlier. Ms. Stacy Greive and Ms. Shelley Alvey are the assigned prosecutors.

PRETRIAL CONFERENCE

Fahed Abu-Diab, Fatima Abu-Diab, Tyrone D. Thomas and Tony Ha, 15CR1332 (Mr. Fahed Abu-Diab — Murder, Robbery in the First Degree [thirteen counts], Trafficking in Marijuana (more than 8 ounces, but less than five pounds), Theft by Unlawful Taking Under $500, and Trafficking in a Controlled Substance in the Third Degree (Alprazolam)(20 dosage units or more); Ms. Fatima Abu-Diab — Murder, Robbery in the First Degree [ten counts], Illegal Possession of a Controlled Substance in the First Degree (Heroin), Illegal Possession of a Controlled Substance (Marijuana), and Illegal Possession of a Controlled Substance (Alprazolam); Mr. Tyrone D. Thomas — Murder and Robbery in the First Degree [ten counts]; Mr. Tony Ha — Robbery in the First Degree [three counts] and Theft by Unlawful Taking Under $500).

  • A pretrial conference is scheduled for Wednesday, August 5, 2015, at 11:00 a.m. in Division Six of the Jefferson Circuit Court. Ms. Shelly L. Alvey and Ms. Elizabeth Jones Brown are the prosecutors.

Troy M. Martin 15CR0469 (Distribution of Matter Portraying Sexual Performance by a Minor, First offense [2 counts], Possession of Matter Portraying a Sexual Performance by a Minor [20 counts])

  • Mr. Martin (DOB 2/10/70), is charged with two counts of Distribution of Matter Portraying Sexual Performance by a Minor, First offense and twenty counts of Possession of Matter Portraying a Sexual Performance by a Minor.  A pretrial conference is scheduled for Tuesday, August 4, 2015, at 1:00 p.m. in Division Eight of the Jefferson Circuit Court. Ms. Molly B. Stanley is the prosecutor.

TRIAL

Jackie Neal, 14CR2357 (Robbery in the First Degree [5 counts], Illegal Possession of a Controlled Substance in the First Degree, and Persistent Felony Offender in the First Degree)

  • Mr. Neal (DOB 1/28/72), is charged with committing multiple business robberies of Speedway Gas Stations during August 2014. A jury trial is scheduled for Tuesday, August 4, 2015, at 9:00 a.m. in Division One of the Jefferson Circuit Court. Mrs. Jennifer Murzyn Yancey is the prosecutor.

Calvin T. Birdsong 14CR1146 and Robert T. Sweatt 15CR1039 (Complicity to Robbery in the First Degree)

  • Messrs. Calvin T. Birdsong (DOB 8/6/95) and Robert T. Sweatt (DOB 9/3/96) are alleged to have on November 2, 2013, followed a woman out of the Short Stop Food Mart and robbed her at gunpoint. The Defendants were captured on surveillance video following their victim away from the store. A jury trial is scheduled for Monday, August 3, 2015, at 9:30 a.m. in Division Eight of the Jefferson Circuit Court. Mr. Alex Gaddis is the prosecutor.

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7/30 Weekly & Month End Circuit Court Reports

From the Office of the Commonwealth’s Attorney. Please see our Circuit Court Reports page at louisvilleprosecutor.com/circuit-court-reports for more details and archives.

All report titles link to PDF documents:

7/27 Weekly Media Release

From the Office of the Commonwealth’s Attorney. Please see our Media Releases page at louisvilleprosecutor.com/media-releases for more details and archives.

Due to an outage with our internet service provider, the Weekly Media Release was delayed from it’s normal Friday delivery to Monday July 27th.

PDF download of this document

Seal of Kentucky
OFFICE OF THE COMMONWEALTH’S ATTORNEY
COMMONWEALTH OF KENTUCKY
30th JUDICIAL CIRCUIT
THOMAS B. WINE, COMMONWEALTH’S ATTORNEY

Weekly Media Release: July 27 – July 31, 2015

Attention: Assignment Editor
Director of Communications: Jeff Cooke
Office: (502) 595-2340 Ext. 3027
Cell / Text: (502) 262-5809
E-mail: jcooke@louisvilleprosecutor.com

NOTE:  These represent only a few of the many cases which the Office of Jefferson County Commonwealth’s Attorney is handling.  If you have any comments, or need further information concerning these or any other matters please do not hesitate to call.  An indictment is only an accusation.  A defendant is presumed innocent until or unless found guilty.  The enclosed court actions are subject to change.

According to the Rules of Criminal Procedure (RCr 3.02, 3.05, and 8.01), the arraignment of individuals whose case has been submitted directly to the grand jury shall take place within a reasonable time after the return of an indictment.  If you are interested in a case that has been submitted directly to the grand jury, then please contact the court division in which it has been assigned to obtain the time and date of the arraignment.

ARRAIGNMENT

Michael Amos Connard, 15CR1985  (Assault in the 2nd Degree, Assault in the 2nd Degree while wearing body armor, Possession of a Handgun by a Convicted Felon while wearing body armor (2 counts), Wanton Endangerment 1st Degree, Wanton Endangerment 1st Degree while wearing body armor, Impersonating a Peace Officer (2 counts))

Mr. Connard (4/7/88), is charged with assaulting victim Donta Johnson on June 22, 2015. The defendant allegedly approached Mr. Johnson, and identified himself as a federal agent. He then pulled out a handgun and accused Mr. Johnson of damaging his car. During the offense, the defendant was wearing a badge around his neck. He then shoved Mr. Johnson into a fence and then onto the ground. The defendant then held a handgun to Mr. Johnson’s side until eventually fleeing. As a result of the assault, Mr. Johnson sustained an injury to his left temple. The defendant then fled on foot. A short time later, while wearing body armor, approached Mr. Jonathan Shelton and struck Mr. Shelton in the head with a handgun. During the assault, the defendant displayed a badge, identifying himself as a federal agent. The defendant then pointed a handgun at Mr. Shelton. The defendant then holstered the handgun, and produced a second handgun from his left pocket which he used to strike Mr. Shelton in the head, causing a severe laceration. The defendant then fled on foot wearing body armor over his shirt along with a fake badge visible on a neck chain and a semi-auto pistol on his right hip in a holster. The Defendant was detained and during a pat down for additional weapons a second semiauto pistol was found in his left pocket as well as a lock blade knife in his right pocket. The Defendant also had two tactical flashlights on his persons.

Arraignment is set for Monday, July 27, 2015, at 9:00 a.m in Division Two of Jefferson Circuit Court.  Nick Mudd is the prosecutor.

Kasey Hoben, 15CR1945 (Criminal Possession of A Forged Instrument II (Eleven Counts))

Ms. Hoben (DOB 04-21-89) is charged with conduct which occurred in March, April and May of this year. Ms. Hoben is alleged to have gone door to door in local neighborhoods soliciting donations for Northside Christian Academy. Local residents, believing that Ms. Hoben was affiliated with the school, wrote donation checks to the school and gave them to Ms. Hoben.  Ms. Hoben had no affiliation with the school at all. Ms. Hoben forged the checks to include herself as the payee and to change the amounts of the checks to larger amounts. She then cashed these forged and altered checks at local banks.   Arraignment is scheduled to occur Monday, July 27, 2015, at 2:00 p.m. in Division Ten of the Jefferson Circuit Court.  Ms. Stacy Greive is the prosecutor.

Scotty R. Johnson and Paul A. Sims 15CR1967 (Theft by Unlawful Taking Over $500)

On May 12, 2015, Scotty R. Johnson (DOB 12/14/94) and Paul A. Sims (DOB 8/11/91) were charged with going to the victim’s home and taking two of her pet dogs.  The dogs and the electronic collars they were wearing were valued in excess of $1000.00.  Arraignment is scheduled for Monday, July 27, 2015 at 10:30 a.m. in Division Five of Jefferson Circuit Court.  Alex Gaddis is the prosecutor.

PRETRIAL CONFERENCE

Trice Alexander Whaley, 15CR1742 (Murder, Robbery in the First Degree, Tampering with Physical Evidence, Intimidating a Participant in the Legal Process, and Persistent Felony Offender in the Second Degree)

Mr. Whaley (DOB 7/9/93) is charged with robbing and killing Mr. Brandon Bryant on June 11, 2015.  Mr. Bryant’s body was found in an alley behind 3014 W. Chestnut Street.   A pretrial conference is scheduled for Monday, July 27, at 9:15 a.m. in Division Six of the Jefferson Circuit Court.  Elizabeth Jones Brown is the prosecutor.

Michael A. Thornton, 15CR1981 (Criminal Attempt Murder- Police Officer, Wanton Endangerment in the First Degree (4 counts), Assault in the Third Degree, Fleeing or Evading Police in the First Degree, Criminal Mischief in the First Degree, Receiving Stolen Property Over $500, Escape in the Second Degree, Theft By Failure to Make Required Disposition of Property over $500, Tampering with a Prisoner Monitoring Device, and Persistent Felony Offender in the First Degree)

Mr. Thornton (DOB 05/10/84) is charged with the April 2, 2015, Attempted Murder of Officer John Hagan that occurred near 225 N. Clifton Avenue, following his escape from the Home Incarceration Program.  Arraignment occurred on Friday, July 24, in Division Eleven of the Jefferson Circuit Court. Mr. Thornton remains in custody with a bond of $250,000. A pretrial conference has been scheduled for Thursday, September 3, at 9:15 a.m. in Division Eleven of the Jefferson Circuit Court. Mrs. Jennifer Murzyn is the prosecutor.

Reginol Thomas, 15CR1567 (Murder, Assault in the First Degree [2 counts], Wanton Endangerment in the First Degree [2 counts], Criminal Mischief in the First Degree [2 counts], Illegal Possession of Synthetic Drugs, Operating a Motor Vehicle Under the Influence of Intoxicants- First offense [Aggravated Circumstances], and Persistent Felony Offender in the Second Degree)

Mr. Thomas (DOB 02/22/80) is charged in connection with the February 22, 2015, collision on Dixie Highway at Abbotts Beach Road that resulted in the death of his passenger Cynthia Thomas and risk of death or serious physical to two other people. A pretrial conference is scheduled for Thursday, July 30, at 9:15 a.m. in Division Four of the Jefferson Circuit Court. Mrs. Jennifer Murzyn is the prosecutor.

Edward Raymond Baker, III and Danielle Elizabeth Boucher, 15CR1735 (Torture of a Dog with Serious Physical Injury or Death(Six Counts))

Mr. Baker (DOB 3/22/93) and Ms. Boucher (DOB 5/29/89) are charged in connection with the deaths of five dogs and the serious physical injury to another. A Pre-Trial Conference is scheduled for Thursday, July 30, at 9:15 a.m. in Division Six of the Jefferson Circuit Court. Ryan W. Becker is the prosecutor.

HEARING

Ricky Lewis Kelly, 14CR2146 (Murder)

Mr. Kelly (DOB 11/18/70) is charged with killing Mr. Lajuante Jackson in August of 2005. A hearing on Mr. Kelly’s motion to exclude the death penalty is scheduled for July 29, 2015, at 10:00 a.m. in Division Ten of the Jefferson Circuit Court.  Elizabeth Jones Brown and Nick Mudd are the prosecutors.

SENTENCING

Conrai A. Kaballah – 11CR2821  (Murder [2 Counts], Possession of a Handgun by a Convicted Felon, and Tampering with Physical Evidence)

Mr. Kaballah (DOB 2/1/90) was convicted for the August 6, 2008, shooting deaths of Takeisha Huff and Marion Jones in the Sheppard Square housing complex. On March 18, 2015, the jury fixed the sentence for these crimes at life without the possibility of parole for twenty-five years. Formal sentencing is scheduled to occur on July 27, 2015, at 1:30 P.M. in Division One of the Jefferson Circuit Court. Messrs. Ryan Olberding and James Lesousky are the prosecutors.

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Sentence recommended in teacher sex case

Official release from the Office of the Commonwealth’s Attorney, Jefferson County. Please see our Media Releases page at louisvilleprosecutor.com/media-releases for more details and archives.

PDF download of this document

Seal of Kentucky
OFFICE OF THE COMMONWEALTH’S ATTORNEY
COMMONWEALTH OF KENTUCKY
 30th JUDICIAL CIRCUIT

THOMAS B. WINE, COMMONWEALTH’S ATTORNEY

Media Release: July 21, 2015

SENTENCE RECOMMENDED IN TEACHER SEX CASE

LOUISVILLE, KY — Today a Jefferson County jury fixed a sentence of fifteen years in the penalty phase of the trial of Scott Quisenberry.  Yesterday the jury found Quisenberry guilty of one count of Rape in the Second Degree, two counts of Rape in the Third Degree and four counts of Sodomy in the Second Degree.   Quisenberry was a teacher at the school attended by the minor female victim as well as the father of one of the victim’s close friends. He had been charged with having sexual relations with the victim over a period of time from 2009 to 2012.    Following yesterday’s guilty verdict, Judge Audra Eckerle increased Quisenberry’s bond to $75,000.00 and he was taken into custody.

Following the announcement of the sentence, lead prosecutor Assistant Commonwealth’s Attorney Alicia Gomez said “I admire the courage of the victim in this case and the courage of all child sexual abuse victims in reporting their abuse to authorities.  This is a difficult process and the community could not be protected from these offenders but for the bravery of these victims.”

Upon learning of the jury’s decision, Commonwealth Attorney Tom Wine added:  “Today’s sentence is the culmination of the courage of the victim, the dedication of our prosecutors and law enforcement, and the determination of jurors who would not allow our most precious resource, our children, to be abused.  This conviction should serve as a warning to those persons in positions of trust, if you engage in any type of sexual misconduct with children, it is not a question of if you will be punished, but rather how much punishment you will receive.”

Assistant Commonwealth Attorney Gomez was assisted in this case by First Assistant Commonwealth’s Attorney Mark Miller.  This case was investigated by LMPD Detective Jennifer Boyer.

Formal sentencing has been scheduled for September 14, 2015 at 2:00 p.m.

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The Commonwealth’s Attorney’s Office occupies a critical position in the criminal justice system. Commonly referred to as the District Attorney in most states, the Commonwealth’s Attorney must focus the power of the state on those who defy its laws. As legal representative for the people, the Commonwealth’s Attorney has the duty to seek justice for all. Visit www.louisvilleprosecutor.com for more information.

PLEASE CONTACT
Jeff Cooke
Assistant Commonwealth’s Attorney
514 West Liberty Street
Louisville, KY 40202
Tel: 502-595-2340
Mobile:  502-262-5809

Email:  JCooke@louisvilleprosecutor.com