Monthly Archives: November 2015

11/25 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: November 30 – December 4, 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.

SIGNIFICANT EVENTS (Past week)

Dante Beausejour, Khalid Raheem, Keiondre Smith – 15CR3026 (Criminal Attempt Murder, Assault in the First Degree, Wanton Endangerment 1st Degree [Four Counts], Criminal Mischief 1st Degree [Two Counts], and Possession of Marijuana with A Firearm)

  • Defendant Beausejour (DOB 8/28/94), Defendant Raheem (DOB 7/15/96), and Defendant Smith (DOB 12/28/96) are charged in connection to the November 6th 2015 shooting of Maurcie Odell Gilmore at 643 S. 39th Street.  At the time of the shooting Mr. Gilmore was on his front porch while his girlfriend and her children were inside the residence. The Defendants are alleged to have fired shots not only at the victim but also into the residence where the children and girlfriend were located. Bullet holes from the shooting were found in the walls in the children’s bedroom.  The arraignment was held November 23, 2015; the next pretrial will be on February 16th, 2016 in Division One at 10:00 am.  Shelly Alvey is the prosecutor.

Lavarr Melton and Robert Short- 14CR2288 & 14CR2449 (Robbery in the First Degree [Nine Counts], Possession of a Handgun by a Convicted Felon [Melton only], Receiving Stolen Property [Melton only], Persistent Felony Offender in the Second Degree)

  • Defendants Melton (DOB 3/4/1987) and Short (8/1/1979) are charged in connection with nine convenience store robberies which occurred from July 10, 2014 through August 26, 2014 at various locations in Jefferson County. A pre-trial conference was conducted on November 24th, 2015. The next event is scheduled for January 13, 2016 at 10:00 am, in Division Four. Shelly Alvey is the prosecutor.

ARRAIGNMENTS

William T. Mattingly – 15CR3102 (Murder, Criminal Attempt Murder and Persistent Felony Offender First Degree)

  • Mr. Mattingly (DOB 05/09/1975) is charged with the murder of Thomas Grismer and the attempted Murder of Christopher Bloyd on November 13, 2015 at the Red Roof Inn located on Preston Highway. His arrangement is scheduled for Monday, November 30th at 1:30 pm in Division 9 of Jefferson Circuit Court.  Stacy Greive and Chris Foster are the prosecutors.

PRETRIAL CONFERENCES

Kelly Lynn South- 15CR2846 (Incest, Sodomy in the First Degree [Two Counts], Sexual Abuse in the First Degree [Five Counts]).

  • Ms. South (DOB 1/6/77) is charged with sexually abusing a child over a three year period.  Ms. South will appear for a pre-trial conference in Division 6 on Friday, December 4, 2015 at 9:30 am.  Courtney Straw is the prosecutor.

Jeffery Martin- 15CR2325 (Distribution of Matter Portraying a Sexual Performance by a Minor [Eight Counts]; Possession of Matter Portraying Sexual Performance by a Minor [Twenty Counts]).

  • Mr. Martin (DOB 3/3/70) was charged following a Kentucky State Police investigation for distribution and possession of child pornography.  Files discovered in the investigation include images and videos of victims as young as approximately three years of age.  Mr. Martin will appear for a pre-trial conference in Division 10 on December 2, 2015 at 9:30 am.  Courtney Straw is the prosecutor.

Kalief A. Cummings- 15CR2303 (Assault in the First Degree [Two Counts])

  • Mr. Cummings (DOB 12/11/69) is charged with stabbing two sisters who were in town for a bachelorette party.  The incident occurred on August 23, 2015, near Second and Liberty Streets.  A pretrial conference is scheduled for December 2nd at 9:00 in Division Thirteen of the Jefferson Circuit Court.  Elizabeth Jones Brown is the prosecutor.

Jerome Ford, John Thomas Burriell, Shawn Moore, and Robert Parr- 15CR2465 (Robbery in the First Degree, Possession of a Handgun by A Convicted Felon, and Persistent Felony Offender in the First Degree [Burriel Only])

  • Ford, Burriell, Moore, and Parr are charged in connection with the Robbery of Mr. Dwayne Barker wherein the Defendants are accused of violently robbing Mr. Barker when Mr. Barker would not relinquish his motorcycle gang vest.  A pre-trial conference is scheduled for Tuesday December 1, 2015 at 9:00 a.m. in Division Two of the Jefferson Circuit Court.  Shelly Alvey is the prosecutor.

HEARINGS

Dayarick Devon Booker- 13CR3130 (Murder, Robbery in the First Degree [Two Counts])

  • Mr. Booker (DOB 4/25/97) was convicted at trial for the October 29, 2012, robbery of Ms. Cynthia Johnson on West Broadway near Lindell Avenue.  During the robbery, Ms. Johnson was shot and killed by another suspect.  A shock probation hearing will be held on November 30th at 10:00 in Division Eleven of the Jefferson Circuit Court.  Elizabeth Jones Brown is the prosecutor.

TRIALS

Anthony Johnson- 14CR2324 (Murder, Possession of A Firearm By a Convicted Felon, Tampering With Physical Evidence, Wanton Endangerment in the First Degree, Criminal Mischief, and Persistent Felony Offender in the First Degree).

  • Anthony Johnson, (DOB 4/28/86) is charged in connection with the Murder of Lester Pernell on August 8, 2014 in the 1100 block of Fisk Court. A trial is scheduled for December 1, 2015 at 10:00 a.m. in Division One. Shelly Alvey is the prosecutor.

***end***

11/24 Weekly 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:

11/20 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: November 23 – November 27, 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.

ARRAIGNMENTS

Jervon L. Hazelwood- 15CR3000 (Murder [Two counts], Robbery in the First [Two counts], Trafficking in a Controlled Substance First [ Cocaine & Heroin], Tampering [Three Counts], Carrying a Concealed Deadly Weapon.

  • Mr. Hazelwood (DOB 9/02/97) is charged in connection with an October 11, 2015, homicide. The victim, Shakoor Gordon, was robbed at gunpoint and then shot multiple times causing his death. The incident took place in the area of 217 S. 19th Street, Louisville, KY. Later, LMPD Fugitive detectives observed the defendant exit a residence and meet with an individual in a car. As the Detectives approached the defendant, he tossed a revolver and a baggie containing heroin into the car. This led detectives to discover additional narcotics belonging to the defendant. His arrangement is scheduled for Monday, November 23rd at 8:30 in Division 1 of Jefferson Circuit Court.  Erin McKenzie is the prosecutor.

Armstead Cordoza Baylor- 15CR3036 (Robbery in the First, Possession of a Handgun by a Convicted Felon, Possession of a Defaced Firearm, Fleeing or Evading Police in the First Degree (Motor Vehicle), Persistent Felony Offender in the First Degree.)

  • Mr. Baylor (DOB 07/03/90) On Friday, November 13, 2015, armed with a loaded 9MM semi-automatic handgun entered the Cash Express located at 9100 Dixie Highway. Once inside he confronted the victim clerk, pointed a gun at her he demanded the business cash. Baylor then fled. Officers attempted to initiate a traffic stop and the defendant fled and a pursuit ensued. The pursuit continued southbound into Hardin County where it ended in the 1500 block of N. Dixie Highway in Radcliff. After a short foot pursuit Baylor was taken into custody. Baylor admitted to detectives that he committed the armed robbery of the Cash Express and that he was a convicted felon. The 9MM semi-automatic handgun had been defaced by filing off the serial number on the gun. This occurred in Jefferson County Kentucky. His arrangement is scheduled for Monday, November 23rd at 2:30 in Division 11 of Jefferson Circuit Court.  Justin Janes is the prosecutor.

PRETRIAL CONFERENCES

Kevon Taylor- 15CR2435 (Assault I [Three counts], Assault II [Five Counts])

  • Mr. Taylor (DOB 1/1/89) is charged with the July 19, 2015, shooting at Cole’s Place at 29th and Kentucky Streets.  Eight people were struck, including a pregnant woman and her unborn baby who was delivered immediately thereafter.  A pretrial conference is scheduled November 23rd at 9:30 in Division 10 of Jefferson Circuit Court.  Elizabeth Jones Brown is the prosecutor.

Mark E. Johnson- 14CR3061 (Burglary in the First Degree [Ten Counts], Fraudulent Use of a Stolen Credit Card (Two Counts)

  • Mr. Johnson (DOB 01/31/1967) is charged with unlawfully entering private offices in multiple buildings in the Louisville area during daytime hours and stealing purses and wallets belonging to employees of these businesses. His method of operation was to dress as an employee or as someone legitimately in the building in order to blend in and commit the thefts. Kosair Charities, located at 982 Eastern Parkway, was among the locations targeted by the defendant.  These crimes occurred in the Fall of 2014. The defendant fled the jurisdiction after committing these offenses. He was recently arrested in St. Martinville, Louisiana and extradited back to Louisville to be prosecuted.  A pretrial conference is scheduled for Monday, November 23, 2015 at 9:45 a.m. in Division 6. Stacy Greive is the prosecutor.

Jamie Tyler- 15CR2835 (Criminal Attempt Murder, Robbery I, Assault I, Assault II, Possession of a Handgun by a Convicted Felon, Possession of a Firearm by a Convicted Felon, Persistent Felony Offender I)

  • Mr. Tyler (DOB 1/26/87) is charged with robbing and shooting Rico Robinson on August 30, 2015, and again shooting him on October 13, 2015, this time inflicting serious physical injury in an attempt to kill him.  The Jefferson County grand jury indicted Mr. Tyler on October 26, and a warrant had remained outstanding until he was apprehended this week.  Arraignment is scheduled for November 23rd at 11:30 in Division 7.  Elizabeth Jones Brown is the prosecutor.

Quintin Lamont Lewis, Barry Glenn Morris, and Anu White- 14CR3257 (Murder, Robbery in the First Degree, Tampering with Physical Evidence)

  • Lewis (DOB 5/31/98), Morris (1/21/99), and White (7/27/96), are charged with the murder and robbery of taxicab driver Mr. Papa Thiam on November 17, 2014.  A fourth co-defendant, Mr. Lovings (DOB 9/9/97), previously entered a guilty plea to Facilitation to Murder and Facilitation to Robbery I and was sentenced to ten years in Department of Juvenile Justice custody.  A pre-trial conference for the remaining three defendants is scheduled November 24th at 1:00 p.m. in Division Five of Jefferson Circuit Court.  Elizabeth Jones Brown is the prosecutor.

HEARINGS

Antavis Ford, Donqua Johnson, Charles Reece, Infante Shoulder, Zachary Taylor, Terrance Miller – 15CR2931 (Criminal Syndication-[All], Robbery 1 [Reece, Taylor, Johnson], Receiving Stolen Property over $10,000, [Multiple Defendants, Multiple Counts] Receiving Stolen Property under $10,000, [Multiple Defendants, Multiple Counts], Receiving Stolen Property over $500.00 but less $10,000, [Multiple Defendants, Multiple Counts], Theft By Unlawful taking Over 10,000 [Taylor], Receiving A Stolen Firearm [Taylor], Criminal Mischief [Taylor], Receiving Stolen Property Under $500 [Shoulders], Carrying a Concealed Deadly Weapon [Taylor])

  • The above individuals and several unindicted juveniles were involved in more than a dozen car thefts taking place this September and October. The LMPD Robbery Unit primarily developed the case and coordinated SWAT raids involving more than 30 SWAT officers; VIPER and St. Mathews Police have also had an active role. The bond hearings for these defendants is scheduled for Tuesday, November 24th, 2015 at 10:30 in Division 12 of Jefferson Circuit Court.  Critt Cunningham is the prosecutor.

***end***

Chief Justice Recuses Circuit Judge Olu Stevens

Paragraph 31 on Page 14 of the attached affidavit provides a summary of our position on this issue:

31. To be sure, my decision to seek certification of law is not motivated by any desire to seat all-white juries or to exclude African Americans or other minorities from jury service.  In Mr. Doss’s case, the Commonwealth did not strike any African American juror.  The Court, by random selection, struck the lone African American juror.  Then, Judge Stevens dismissed the entire panel of properly qualified jurors because of that random strike.  My decision to seek certification of law is motivated by a desire for the law to be clear to judges, prosecutors, defense attorneys, defendants, victims, witnesses, and potential jurors and for there to be uniformity amongst the courts.  Importantly, the questions certified include not only whether striking a jury panel that includes only white jurors, by no action of the prosecution or defense, is correct, but also-if such a dismissal is correct, how additional jury selection should proceed.  That Judge Stevens has presumed and proceeded to tell the world through social media that my actions were dictated by discriminatory attitudes, not only offends me, but leads me to reasonably conclude that Judge Stevens cannot be fair and impartial on cases in which I or my assistants are involved.

As explained by Justice Frankfurter:

The judicial process demands that a judge move within the framework of relevant legal rules and the covenanted modes of thought for ascertaining them. He must think dispassionately and submerge private feeling on every aspect of a case. There is a good deal of shallow talk that the judicial robe does not change the man within it. It does. The fact is that on the whole judges do lay aside private views in discharging their judicial functions. This is achieved through training, professional habits, self-discipline and that fortunate alchemy by which men are loyal to the obligation with which they are entrusted. But it is also true that reason cannot control the subconscious influence of feelings of which it is unaware. When there is ground for believing that such unconscious feelings may operate in the ultimate judgment, or many not unfairly lead others to believe they are operating, judges recuse themselves. They do not sit in judgment. They do this for a variety of reasons. The guiding consideration is the administration of justice should reasonably appear to be disinterested as well as be so in fact.

For the full affidavit of Mr. Wine, click here [11MB PDF].

11/19 Weekly 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: