Carter hears 22 cases during OC Law Day

Circuit Judge Craig Carter processed a total of 22 criminal cases during the Nov. 23 session of Ozark County Law Day. Updates on the cases are listed here. 

Law Day, the court session in which felony cases filed in Ozark County are taken up, is held twice a month before Carter in the upstairs courtroom of the Ozark County Courthouse. Law Day sessions are open to the public. 

 

Plea, sentencing

Brian Dunaway pleaded guilty pursuant to a plea agreement to an amended charge of class B voluntary manslaughter and was given a suspended execution of sentence (SES) and placed on 10 years probation. The SES acts as a “back up sentence,” meaning Dunaway does not have to serve the sentence, but the judge can enact it if he wishes if there are multiple probation violations in his case. Dunaway was originally charged with second-degree murder, unlawful use of a weapon, possession of a controlled substance, two counts of endangering the welfare of a child and two counts of armed criminal action. (See above story)

Kenny Maynard pleaded guilty to an amended charge of misdemeanor sexual misconduct and was sentenced to 45 days in jail. The prosecutor filed the amended information and revised the charge. He was originally charged with sexual abuse and child molestation. 

 

Jury trials set

Matthew B. Wollin, charged with sexual exploitation of a child, two counts of domestic assault, two counts of armed criminal action, four counts of abuse or neglect of a child and two counts of endangering the welfare of a child in one case and vehicle hijacking causing serious physical injury and domestic assault in another case, appeared for a plea hearing or trial setting. He mentioned a speedy trial. His case was set for jury trial Dec. 15-16. A pre-trial conference will be held at 9 a.m. Dec. 6. 

Danny Batesel, charged with domestic assault, armed criminal action, burglary, resisting arrest and violating an order of protection for an adult, appeared. The condition of GPS monitoring was removed from his pre-trial release conditions. A jury trial was set for July 12-13, 2023. A pre-trial conference will be held at 9 a.m. June 22. 

 

Probation violation hearings

Jennifer Winters, who pleaded guilty to possession of a controlled substance in 2018, appeared for a probation violation hearing. The court found that her due process rights were imperiled, and the public defender was appointed. She is scheduled to reappear for the probation violation hearing at 9 a.m. Dec. 7. She was remanded to the custody of the Ozark County Sheriff’s Department. 

Samantha Rodak-Triboulet, who pleaded guilty to burglary and stealing ($750 or more) in January 2019, appeared for a probation violation hearing. The court noted that the Taney County drug court refused to accept her into their program. She is scheduled to reappear at 9 a.m. Dec. 7. 

Charles Simpson, who pleaded guilty to domestic assault in February 2021, was scheduled for a plea hearing or trial setting. It was continued to 1:30 p.m. Dec. 21. 

Hailie J. Spears, who pleaded guilty to possession of a controlled substance in December 2021, had her probation violation hearing continued to 9 a.m. Dec. 7. 

Brandon Adams, who pleaded guilty by Alford plea to domestic assault in March 2022, appeared for a probation violation hearing. He completed a 7-day shock jail sentence for the violation and was released; however, the judge noted that Adams will be sent to the penitentiary if he continues to use drugs. 

 

Scheduled or continued to Dec. 7

Sondra F. Clark, charged with second-degree murder, appeared with the public defender for a plea hearing or trial setting. A pre-trial release hearing was scheduled for 9 a.m. Dec. 7. Until then, she remains in the custody of the Ozark County Sheriff’s Department while being held without bond. (See above story)

Jeremiah Kowerduck, charged with child molestation and statutory sodomy of a victim younger than 14, appeared for a pre-trial conference before his Dec. 12-14 jury trial. A motion to cancel the jury trial and reschedule it at a later date was filed and sustained by the judge with the reasoning that “there has arisen a conflict for counsel,” according to the online docket report, likely meaning the attorney currently assigned has a conflict of interest that prevents her from representing him. The public defender’s office is searching for a new public defender to be assigned. He is scheduled to return to court at 1:30 p.m. Dec. 21 for a counsel review hearing. 

Blake Dalton White, charged with rape or attempted rape, two counts of statutory rape of a victim younger than 14 and two counts of statutory sodomy of a victim younger than 14, appeared for a plea hearing or trial setting. The online docket report shows that the defendant’s expert was on the way to interview White. The plea hearing or trial setting was continued to 9 a.m. Dec. 7. 

Tiffany Bauer, charged with violating a condition of lifetime supervision, has a hearing scheduled to discuss the Missouri Public Defender’s Office’s denial of representing Bauer as a client. The court told Bauer that she is to return to court with an attorney or will be remanded to jail. A hearing was scheduled for 9 a.m. Dec. 7. 

 

Scheduled or continued to Dec. 21

Timothy Sprague, charged with murder and unlawful possession of a firearm in one case and unlawful possession of a firearm and possession of a controlled substance in another case, was scheduled for a plea hearing or trial setting. It was continued to 1:30 p.m. Dec. 21

Mark Kenneth Lowry, charged with two counts of domestic assault, two counts of sexual abuse, kidnapping, robbery, appeared for a plea hearing or trial setting. The victim, who is Lowry’s wife, officially requested that her husband be released. The court granted the request. He is no longer required to have GPS monitoring. Court Probationary Services will provide supervision. He is scheduled to return for a hearing at 1:30 p.m. Dec. 21. 

James M. Ruark, charged with two counts of delivery of a controlled substance, was scheduled for a plea hearing or trial setting. It was continued to 1:30 p.m. Dec. 21. 

Jody Weyrauch, charged with kidnapping, three counts of domestic assault, three counts of armed criminal action, robbery, tampering with a victim and two counts of possession of a controlled substance, appeared. A pretrial release conference is scheduled for 1:30 p.m Dec. 21. 

 

Scheduled or continued to Feb. 8, 2023

Charles Leon Souder, charged with burglary and five counts of stealing a firearm, was scheduled for a plea hearing or trial setting. It was continued to 1:30 p.m. Feb. 8. 

 

No public updates available

The docket reports from the below cases were hidden from public view on CaseNet, the Missouri online court record system, at the time this report was made; therefore the Times can’t provide updates on what happened at those hearings. Cases can be hidden by court personnel for a variety of reasons including an active warrant, probation and parole actions or other sensitive information.

Anthony A. Kutchko, charged with assault (special victim) and resisting arrest, was scheduled for a plea hearing or trial setting.

Nicole Smith, charged with stealing and fraudulent use of a debit or credit card, was scheduled for a plea hearing or trial setting. 

Eric Vandiver, charged with delivery of a controlled substance, was scheduled for a plea hearing or trial setting. 

Michael Turner, charged with delivery of a controlled substance, possession of a controlled substance, unlawful possession of drug paraphernalia, driving with a revoked or suspended license and failure to drive on the right half of the roadway when the road is of sufficient width, was scheduled to appear for a plea hearing or trial setting.

Ozark County Times

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