3 plead guilty, 4 trials set

Circuit Judge Craig Carter processed 30 cases during the May 1 session of Ozark County court.

Guilty pleas

Kimberly Hemphill, charged in 2018 with possession of a controlled substance, entered a guilty plea pursuant to a plea agreement with the state. She is sentenced to SIS with 5 years supervised probation. An SIS, or suspended imposition of sentence, means the defendant is placed on probation for a period of time. If the defendant follows the terms of their probation, at the end of the probation period the court will close the case and they will not have a criminal conviction on their records. However, if the defendant violates the probation, a full sentence may be invoked. A second charge of failure to appear was amended to a misdemeanor and she is sentenced to serve 10 days in the Ozark County Jail with SES and 2 years probation. The SES means a defendant will be sentenced to a prison term but will be placed on probation and will not go to prison unless they violate the terms of that probation.

According to the probable cause statement initially filed by former Ozark County Sheriff’s Deputy Justin Urich, the officer received a call from the OCSD dispatch on Feb. 2, 2018, notifying him of a report about a vehicle partially blocking the road on Highway 160, just west of Cloud 9 Ranch in Caulfield. Urich wrote that he found Hemphill sitting in the passenger’s side of the vehicle attempting to open the door and that she was very agitated, speaking fast, mumbling and repeating her words. A bag was found in Hemphill’s vehicle with a white crystal substance in it that field-tested positive for methamphetamine. 

Clifton D. Roark appeared for a plea or trial setting. He pleaded guilty to an amended charge of misdemeanor stealing and sentenced to six months in the county jail with SES and two years probation. An SES, or suspended execution of sentence, means a defendant will be sentenced to a prison term but will be placed on probation and will not go to prison unless they violate the terms of that probation. A second count of stealing $750 or more was dismissed.

Roark was initially charged in Sept. 8, 2023, after agreeing to install solar equipment at the residence of two elderly people. He allegedly sent the victims three statements for equipment and materials that needed to be purchased.

Justin P. Bell pleaded guilty to the Class D felony of possession of a controlled substance. According to Opolka, Bell is currently in the residential Action Recovery Center Program (ARC), south of Gainesville and his recovery is “going well.” Amber McGinnis, with ARC, said there have been no problems with Bell during his time at ARC. Pursuant to a plea agreement, Bell was sentenced to SES of 7 years in the Missouri Department of Corrections, 5 years probation and successful completion of the ARC program. An SES, or suspended execution of sentence, means a defendant will be sentenced to a prison term but will be placed on probation and will not go to prison unless they violate the terms of that probation. A second charge of unlawful possession of drug paraphernalia with prior drug offense was dismissed.

He was initially arrested Jan. 9, 2024, outside Antler’s Pizza & Package in Gainesville while standing by a truck. When Ozark County Deputy Gannan Moss and Lt. Matt Rhoades spotted Bell, the officers stopped to talk with him. According to the probable cause statement, when the officers approached Bell, he dropped a cigarette carton on the bed of his truck. Officers observed a white powdery substance in a plastic container inside the open carton. When asked what it was, Bell answered “dope.” The substance field-tested positive for amphetamines and the officers found two needles and two glass pipes inside the truck and a needle with suspected methamphetine in his pocket.

Trials set

A trial was set for Jennifer Grace Wilbanks who appeared for a plea or trial setting. She was charged with non-support with total arrears in excess of 12 months payment. Public Defender Chase Opolka made a motion that she be given a chance to make payments on the child support since she recently acquired a job. The judge denied the motion and set a trial date with a pre-trial conference set for Feb. 5, 2025.

Trials set

A trial was set for Charles Leon Souder who appeared for a criminal setting. Souder’s original trial setting was postponed because of a recent diagnosis of a terminal illness. According to defense attorney Opolka, Souder is on the waiting list for a liver transplant. He is charged with first-degree burglary and five counts of stealing a firearm. A pre-trial conference is set for Feb. 5, 2025.

Jimmy Coy Haag appeared via video conference for a plea or trial setting. He is charged with first-degree harassment on a change of venue from Douglas County. A trial date was set and he is scheduled for a pre-trial hearing Jan. 22, 2025.

Adam D. Bartlett Jr. appeared via video conference for a plea or trial setting. He is charged with resisting arrest/detention or stop by fleeing and creating a substantial risk of serious injury or death to any person, operating a motor vehicle in a careless and imprudent manner and two counts stealing with a value less than $150 and no prior stealing offense. Bartlett has been convicted of offenses in Howell County and is serving a 7 year sentence in the Missouri Department of Corrections. The state offered a deal to run concurrent with the Howell County sentence. However, Bartlett wants to discuss the matter with his attorney. A trial was scheduled and he is schedule for a pre-trial hearing Feb. 5, 2025.

Probation violations

Patricia Sue Brown was charged with a probation violation after not paying full restitution in a March 2019 case. In that case, she pleaded guilty to five counts of stealing a motor vehicle and was ordered to pay restitution. Brown admitted the violation and accepted a plea deal from the state. She agreed to pay the full amount of the restitution, $2,589, in the next two years. She was continued on probation.

Michael W. Renne was charged with a probation violation because of new charges in Associate Circuit Court. His case was continued to 9 a.m. June 5.

Betty Ousley was charged with a probation violation after testing positive for methamphetamines. The probation and parole officer said this was the first time since 2019 that Ousley tested positive for drugs. The judge ordered that she be screened for drug court. Her case was continued to 9 a.m. June 5.

Aaron Lee Davis was charged with a probation violation after he was arrested in Douglas County for driving while license revoked. Davis was not charged in the case and he said he now has his license. He was continued on probation. 

Brian E. Mottus was charged with a probation violation after testing positive for drugs. He was ordered to be screened for drug court and the case was continued to 1:30 p.m. May 22.

James C. Reed was charged with a probation violation. According to officers from probation and parole, when Reed was released from custody he was supposed to report to them for GPS monitoring and he never reported. He was ordered to remain in custody of the Ozark County Jail and his case was continued to 1:30 p.m. May 22.

Pre-trial conference

Patrick K. Lee appeared for a pre-trial conference before his upcoming jury trial. He is charged with first-degree burglary, second-degree domestic assault and second-degree robbery.

Continued to May 22

April Dawn Perry appeared for a plea or trial setting. She is charged with three counts forgery, three counts passing a bad check, two counts possession of a controlled substance and two counts unlawful possession of drug paraphernalia. According to Polka, Perry is currently in treatment. Her case was continued to 1:30 p.m. May 22 for a plea.

Brandon Guidry appeared for a plea or trial setting. He is charged with possession of a controlled substance, unlawful possession of drug paraphernalia, two counts of unlawful possession of a firearm, second-degree terroristic threat and damage to jail or jail property. Public defender Opolka made the motion that Guidry, who has been in the Ozark County Jail since his arrest in February, be released from custody. Prosecuting attorney Pipkins opposed the motion because Guidry faces new charges of resisting arrest and receiving stolen property and is scheduled for a preliminary hearing on those charges on May 14 in Associate Court before Associate Judge Raymond Gross. The motion for pretrial release was overruled and Guidry is ordered to remain in custody. His case is continued to 1:30 p.m. May 22.

Colin Crockett appeared for a plea or trial setting. He is charged with stealing $750 or more. Plea or trial setting was postponed to 1:30 p.m. May 22.

Michael L. Jones was charged with a probation violation. His probation violation hearing was postponed until 1:30 p.m. May 22.

Linda Ann Schwalm appeared for a plea or trial setting. She is charged with possession of a controlled substance, keeping or maintaining a public nuisance and unlawful possession of drug paraphernalia. Her case is continued to 1:30 p.m. May 22.

Continued to June 5

Matthew B. Wollin appeared by video conference for a case review. Wollin is currently in the Department of Corrections. Wollin’s attorney asked that Wollin be given credit for time he was incarcerated in the Ozark County Jail. The attorney said that Wollin had been in custody since his arrest in August 2022 when he was charged with third degree domestic assault. Ozark County Prosecuting Attorney Lee Pipkins said he agreed with giving Wollin credit for time served in the Ozark County Jail. Judge Carter asked Wollin’s attorney to bring paperwork. The motion for the additional jail credit was continued to 9 a.m. June 5.

Timothy William Kendrick did not appear for his scheduled plea or trial setting because he was in the hospital. The case was continued to 9 a.m. June 5. He is charged with driving while license revoked.

Auden Michael VanEperen appeared for a plea or trial setting on charges of first-degree tampering with a motor vehicle and delivery of a controlled substance. His case is continued to 9 a.m. June 5.

Carl Edward Foster appeared for a bond review hearing. He has completed seven days shock incarceration in the Ozark County Jail. He is charged with possession of a controlled substance, third-degree assault and unlawful possession of drug paraphernalia. His case is continued to 9 a.m. June 5 for plea or trial setting. 

Taylor L. French is scheduled for plea or trial setting at 9 a.m. June 5. French is charged with first-degree tampering with a motor vehicle and stealing.

Continued to June 20

Jerimiah A. Love appeared for a bond reduction hearing. Opolka made the motion that Love be released before going into a substance abuse treatment facility. The state opposed his release due to his previous attempt to escape custody and a few instances of behavior while in the Ozark County Jail. He is charged with possession of a controlled substance, unlawful use of a weapon, first-degree harassment, fourth-degree domestic assault and second-degree property damage. The motion to be released was overruled and Love was ordered to remain in custody. His case was continued to 1:30 p.m. June 20.

A formal arraignment was filed for Andrew Brandt Clay. He is scheduled for plea or trial setting 1:30 p.m. June 20. Clay is charged with first-degree and first-offense stalking, first-degree harassment, first offense peace disturbance and two counts fourth-degree assault.

Continued to July 17

William G. Hansen appeared with his attorney for a motion hearing. Hansen, charged with stealing $750 or more, made the motion that he be allowed to go out of state to Arizona to work. The state opposed the motion. The motion was sustained. The case was continued to 1:30 p.m. July 17 for a plea or trial setting.

Daniel Eric Johnson appeared with his attorney for a bond review hearing. He has completed seven days shock incarceration. His case was continued to 1:30 p.m. July 17 for a plea or trial setting.

Continued to Aug. 7

Todd Chapman appeared for a plea or trial setting. He is charged with interference with custody - removed from state or concealed and second-degree endangering the welfare of a child. His case was continued to 9 a.m. Aug. 7.

Continued to Sept. 4

Sandra Coons appeared for a plea or trial setting. She is charged with second-degree assault on a special victim and abuse of an elderly, disabled or vulnerable person. Her case was continued to 9 a.m. Sept. 4.