Monthly Archives: November 2018

11/29 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 information and archives.

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Media Release: MORE THAN 100 DEFENDANTS CHARGED FEDERALLY IN 2018 SURGE TO REDUCE VIOLENT CRIME IN LOUISVILLE

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 documentJustice.gov release page


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

Media Release: November 28, 2018

For immediate release from the United States Attorney’s Office, Western District of Kentucky. Contact: Nick Storm (502) 582-5911 nicholas.storm@usdoj.gov

Project Safe Neighborhoods effort continues multi-agency partnership to tackle guns, drug, and gangs

LOUISVILLE, Ky. – United States Attorney Russell M. Coleman announced that more than 100 previous felony offenders possessing firearms have been charged so-far this year as one part of the ongoing Project Safe Neighborhoods effort to tackle violent crime in Metro Louisville.

The indictments returned were a result of the ongoing partnership between federal prosecutors and their counterparts from the Jefferson County Commonwealth’s Attorney’s Office who work hand-in-hand with the Louisville Metro Police Department, the Bureau of Alcohol, Tobacco, & Firearms (ATF), and the Drug Enforcement Agency (DEA).  The combined effort is a key component of the Department of Justice’s PSN initiative – which targets the area’s most violent offenders.”  This round of indictments brings the total number of defendants charged under the initiative in 2018 to 105.  Overall, compared to fiscal year (FY) 2017, the total number of federal firearms cases filed in FY 2018 rose to 152, representing an increase of 60%.

“With over seventy homicides and two hundred fifty shootings in Louisville this year, we’re not there yet.  This is, however, another deposit on our promise that federal, state, and local law enforcement will work as one to take violent offenders and their guns off the streets of our city,” stated U.S. Attorney Russell M. Coleman. “More to come.”

“ATF is committed to our on-going partnerships with local, state and federal law enforcement agencies to reduce gun violence,” stated ATF Special Agent in Charge Stuart Lowrey of the Louisville Field Division.  “During the past year, ATF investigated illegal sources of crime guns and those who illegally possessed and/or used guns to commit violent crimes in the Louisville Metro area.  We will continue to aggressively pursue ‘traffickers and trigger pullers’ with every resource and technique available.  In this way, ATF’s support of the Department of Justice’s Project Safe Neighborhood is making our communities safer for everyone.”

“Our community continues to be better protected by the cooperative efforts between the United States Attorney’s Office and the Jefferson County Office of Commonwealth’s Attorney,” stated Jefferson County Commonwealth’s Attorney Tom Wine. “Prosecutors between our offices determine which jurisdiction can impose the maximum penalty. They work together to target those individuals who have illegally used or sold firearms in Jefferson County, threatening the safety of our citizens.”

The number of indictments represents a 61 percent increase in charging from 2017 to 2018.

One defendant charged this year, Elijah Eubanks, 20, of Louisville, Kentucky, had already been charged with attempted murder by the Jefferson County Commonwealth Attorney’s office for shooting at a police officer who approached his vehicle; he faces an additional federal charge of being a felon in possession of a firearm.

Another defendant, Jamar Garrison, 33, of Louisville, Kentucky, was convicted July 27, 2018 in United States District Court on charges of possession of heroin with the intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, and possession of a handgun by a convicted felon.  Mr. Garrison had been released on bond for state drug trafficking charges for the last two years when he was arrested after being found in possession of a loaded semiautomatic handgun, a mixture of heroin and fentanyl packaged for sale, several thousand dollars cash, and assorted other narcotics. The follow up investigation revealed that while released on bond on multiple pending felony drug indictments in Jefferson Circuit Court, Garrison had been using vehicles rented in the names of third parties in order to transport and traffic in heroin all over Louisville.

The latest round of indictments charges Ashlyn Marcum, 28, of Louisville, Kentucky, who was previously convicted in with assault of the 4th degree domestic violence twice in 2014, and again in 2018, with being a felon in possession of 37 firearms.

Joshua Bolin, 41, of Louisville, Kentucky, who was previously convicted of sexual abuse in the first degree in 2003, was also charged in the latest indictments with two counts of being a felon in possession of 27 firearms.

Defendants charged this year have previously been found guilty of numerous crimes including: burglary, facilitation to murder, manslaughter, cultivating marijuana with intent, narcotics trafficking, manufacturing methamphetamine, assault 4th degree domestic violence, sexual abuse in the first degree, second degree escape, fleeing/evading police, wanton endangerment, among other charges.

If convicted at trial, the maximum sentence for unlawfully possessing a firearm is no more than ten years in prison, a $250,000 fine, and three years of supervised release.  If that firearm is possessed or used in furtherance of a drug trafficking crime, a defendant faces a mandatory minimum five years in prison in addition to the sentence received for the underlying charges, and could receive up to life in prison.  Some of the 105 defendants qualify as Armed Career Criminals, facing a mandatory 15 year sentence, or repeat drug traffickers, facing a mandatory 20 years sentence and, in some cases, a mandatory life sentence.

These cases are being prosecuted by Assistant United States Attorneys Joe Ansari, Mike Bennett, Ann Marie, Blaylock, Robert Bonar, Nute Bonner, Bryan Calhoun, Terry Cushing, Tom Dyke, Larry Fentress, Marisa Ford, Alicia Gomez, Amanda Gregory, Lettricea Jefferson-Webb, Joshua Judd, Corrine Keel, Jo Lawless, Jessica Malloy, Erin McKenzie, Spencer McKiness, Randy Ream, Mac Shannon, Amy Sullivan, Christopher Tieke, David Weiser, Stephanie Zimdahl and Special Assistant United States Attorneys Ebert Haegele and Elizabeth Jones Brown with stalwart assistance from Laura Stinson, Western District of Kentucky Grand Jury Coordinator.  The cases are being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Louisville Metro Police Department, and the United States Drug Enforcement Administration (DEA) and with significant collaboration with the Jefferson Commonwealth’s Attorney’s Office.

The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Kentucky.  A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone.  Today’s indictments are part of the Project Safe Neighborhoods Initiative in the Western District of Kentucky.

The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.

11/26 Media Release

PDF download of this document


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

Media Release: November 26 – 30, 2018

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

David Wayne Smith – 16CR2516 (Criminal Attempt to Commit Sodomy in the First Degree)

  • On November 15, 2018, a jury found David Wayne Smith (DOB 12/30/70) guilty of Criminal Attempt to Commit Sodomy in the First Degree.  The offense occurred on July 21, 2016, when the defendant sexually assaulted an unconscious woman in the park at Fifth Street and Muhammad Ali.  The defendant was sentenced to 7 years for this offense.    Although the victim passed away prior to the trial, there were bystanders who intervened to stop the assault, and their willingness to cooperate with the investigation made it possible to prosecute this case.  Kristi Gray was the prosecutor.

Sylvester Parker – 17CR2517 (Trafficking in a Controlled Substance – Methamphetamine in the First Degree [over 2 Grams], Wanton Endangerment in the First Degree, Tampering with Physical Evidence, Possession of a Handgun by a Convicted Felon)

  • Mr. Parker (DOB 09/02/58) was found guilty by a jury of Trafficking Methamphetamine, Wanton Endangerment in the First Degree, and Tampering with Physical Evidence.  On June 20, 2017, Mr. Parker pointed a loaded handgun at his former girlfriend, later disposing of the gun. When he was encountered by police, he was found to be in possession of drugs and materials indicating he was trafficking Methamphetamine. After being convicted of these offenses, the defendant pleaded guilty to the remaining charge of Possession of a Handgun by a Convicted Felon. Final sentencing is scheduled for January 15, 2019 at 9:30 a.m. in Division 10 of Jefferson Circuit Court. Andrew Miller is the prosecutor.

Alejandro Gonzalez – 17CR0785 (Fraudulent Insurance Acts over $500, Theft by Deception over $500, Fraudulent Insurance Acts under $500, and Theft by Deception under $500)

  • Mr. Gonzalez (DOB 04/02/71) fraudulently represented himself as an insurance agent for Safe Auto and Titan Insurance Company to members of the Louisville Hispanic community who spoke limited English. Mr. Gonzalez accepted cash from the victims to purchase multiple months of automobile insurance on their behalf, paid for one month of coverage and kept the rest of the money, over $12,000, for personal use. The victims received an insurance card but did not know their coverage expired after only one month because Mr. Gonzalez never informed the victims.  Mr. Gonzalez pled guilty on March 27, 2018 in Jefferson County Circuit Court Division 10 and the fine of $12,367.59 was assessed on October 30, 2018. The fine will be used by the Kentucky Department of Insurance to establish an education program within the Louisville Hispanic community in order to help prevent similar schemes from happening. Peter Lovett is the prosecutor and Tra’sean James from the Kentucky Department of Insurance is the lead investigator.

John McLeaney – 15CR3211, 16CR1063, 17CR0651 (Robbery in the First Degree [2 Counts], Kidnapping, Burglary in the First Degree, Impersonating a Peace Officer, Unlawful Imprisonment in the First Degree, Intimidating a Participant in the Legal Process, Tampering With Physical Evidence, Wanton Endangerment in the First Degree, Promoting Contraband in the First Degree [2 Counts], Attempted Escape [3 Counts], Criminal Mischief in the First Degree)

  • Mr. McLeaney (DOB 10/11/69) entered a plea on November 6, 2018 to the above charges.  The initial indictment occurred as a result of offenses occurring on November 9, 2015, and November 28, 2015.    The defendant was sentenced to a total of 34 years in prison.   Kristi Gray is the prosecutor.

ARRAIGNMENTS

Christopher Matlock & Carolyn Peyton- 18CR3436 (Robbery in the First Degree [Complicity])

  • Mr. Matlock (DOB 12/06/88) and Miss. Peyton (DOB 06/29/77) are charged in complicity for the Robbery of a ginseng dealer. The pair, along with an unknown codefendant, tricked the victim into meeting with them to sell ginseng. At the rendezvous location, the trio attacked the victim with a crowbar and stole his van with its contents of 127 pounds of ginseng and $40,000. Mr. Matlock and Miss. Peyton were arrested in Tennessee on November 17, 2018. At the time of their arrest, they were in possession of over 50 pounds of the merchandise. The defendants are currently awaiting extradition. Arraignment will be scheduled in Division 4 of Jefferson Circuit Court when the pair is transported to Jefferson County. Joshua F. Waldrop is the prosecutor.

PRETRIAL CONFERENCES

Sarah Mullins – 18CR2913 (Sexual Abuse in the First Degree, Criminal Trespass in the Third Degree)

  • Ms. Mullins (DOB 05/22/59) is charged with sexually assaulting her victim when she found him unconscious in a parked vehicle. A pretrial conference is scheduled for November 27, 2018 at 1:00 p.m. in Division 8 of Jefferson Circuit Court. Milja Zgonjanin is the prosecutor.

Christopher Dresing – 18CR0883 (Distribution of Matter Portraying Sexual Performance by a Minor)

  • Mr. Dresing (DOB 04/02/84) is a former University of Louisville employee charged with distributing child pornography. Mr. Dresing, formerly employed in the Ekstrom Library on the University of Louisville campus, is believed to have distributed hundreds of images containing child pornography throughout the country. A pretrial conference is scheduled for November 28, 2018 at 10:00 a.m. in Division 2 of Jefferson Circuit Court. Madison Shoffner is the prosecutor.

GUILTY PLEAS

Javontay Forrest – 18CR2649 (Murder, Tampering with Physical Evidence, Possession of a Handgun by a Minor)

  • Mr. Forrest (DOB 01/08/02) is charged with the murder of Travon Yelder on July 31, 2018.  The defendant, who is 16 years old, was reported to be irresponsibly handling a gun throughout the night. At the time of the incident, the victim was seated in front of the defendant playing a video game. The defendant pointed the handgun at the victim’s head and shot.   A plea is scheduled for November 30, 2018 at 12:30 p.m. in Division 3 of Jefferson Circuit Court. Emily Lantz is the prosecutor.

TRIALS

William Mattingly– 15CR3102 (Murder, Criminal Attempt Murder, Persistent Felony Offender in the First Degree)

  • Mr. Mattingly (DOB 05/09/75) is charged in connection with the November 13, 2015, strangulation  death of Thomas Grismer in a hotel room at the Red Roof Inn located at 4704 Preston Highway. A trial is scheduled to begin on Monday, November 26, 2018, at 9:30 a.m. in Division 9 of Jefferson Circuit Court.  Stacy Greive and Chris Foster are the prosecutors.

Charles E. Brown, Deserea Fuget, Cedric Wells, Jasmine Humphrey, Antonio Williamson, Antonio Young, Scott Young – 18CR0330 (Criminal Syndication, Trafficking in a Controlled Substance Schedule I, Trafficking in a Controlled Substance Schedule II, Promoting Contraband in the First Degree, Trafficking in Synthetic Drugs, Trafficking in Marijuana, and Persistent Felony Offender [Young and Wells].)

  • Mr. Brown (DOB 03/22/85), Ms. Fuget (DOB 01/11/83), Mr. Wells (DOB 08/05/83), Ms. Humphrey (DOB 09/17/88), Mr. Williamson (DOB 08/12/87), Mr. A. Young (DOB 06/08/87), Mr. S. Young (DOB 6/25/65) are charged in connection with a smuggling enterprise that was in operation around May of 2017. The criminal enterprise existed for the purpose trafficking heroin, suboxine, pills, pot, and tobacco into the Louisville Metro Department of Corrections.  Outside dealers and money handlers worked with corrections employees and inmates to procure and distribute contraband inside the jail. Trial is scheduled for Monday, November 26, 2018, at 1:00p.m. in Division 7 of Jefferson Circuit Court.  Critt Cunningham is the prosecutor.

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11/15 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 information and archives.

All report titles link to PDF documents: