Five plead not guilty at Law Day

Retired Judge John Waters filled in for Circuit Judge Craig Carter during the Sept. 25 session of Ozark County court. Judge Carter was presiding over a trial in another county.

These cases were on the docket and taken up during open court:

Warrant issued

David L. Bradberry II failed to appear for arraignment on charges of delivery or possession of a controlled substance at a county, private jail or correctional facility and possession of a controlled substance. Ozark County Prosecuting Attorney Lee Pipkins filed a motion to revoke Bradberry’s bond and a capias warrant for failure to appear was issued for Bradberry. A capias warrant is a court order that authorizes law enforcement to arrest and detain a person who is charged with a crime or has failed to comply with court orders.

Sentenced on probation violation

Mark Kenneth Lowry appeared with his attorney, Public Defender Chase Opolka, and admitted his probation violation by testing positive for THC and methamphetamine and failure to appear before in court on Sept. 4. His probation was revoked. Lowry accepted a plea offer and was sentenced to 4 years in the Missouri Department of Corrections for the violation to run concurrent with a sentence issued by Douglas County with credit for time served. 

Lowry asked to be released for two weeks in order to fix a leaky roof at his home. After Pipkins opposed, Judge Waters denied the request. Lowry remains in the Ozark County Jail waiting to be transported to the DOC. 

Lowry was originally convicted of second-degree domestic assault in March 2023 and was sentenced to SIS and 5 years probation, ordered to attend an anger management program and serve 90 days in the Ozark County Jail. An SIS, or suspended imposition of sentence, means the defendant is placed on probation for a period of time. If Lowry followed the terms of his probation, at the end of the probation period the court could have closed the case and he would not have the criminal conviction on his records. However, because he violated probation, his sentence was available to be invoked.

Pleaded not guilty

Jerry Parks waived formal arraignment and pleaded not guilty to charges of first degree rape or attempted rape, delivery of a controlled substance, possession of a controlled substance and unlawful possession of drug paraphernalia. He is scheduled to appear at 1:30 p.m. Oct. 23.

Preston Mulanax waived formal arraignment and pleaded not guilty to two counts of third degree assault. He is scheduled to appear at 1:30 p.m. Oct. 23.

Katherine Elizabeth Pine waived formal arraignment and pleaded not guilty to charges of first degree endangering the welfare of a child creating substantial risk. She is scheduled to appear at 9 a.m. Oct. 9.

Jared W. Johnston waived formal arraignment and pleaded not guilty to second degree trafficking drugs and unlawful possession of drug paraphernalia. Johnston requested that he be given a week out of custody so that he could contact and make arrangements to stay with family. Johnston said that his aunt offered to help him get into a rehabilitation facility, but he didn’t know how to get in touch with her, and that’s why he needs to be out of custody. “I have no desire to run,” Johnston said. “I’ve been sober.”

Pipkins objected saying that Johnston had been absconding since Aug. 30, has tested positive for a “smorgasbord” of drugs and missed his court dates. “I think he’s a danger to himself,” said Pipkins.

“I will be there amongst my family…I’m just asking for a week and she (his aunt) will help get me into rehab,” said Johnston.

“I’m not going to do that,” said Judge Waters. “It’s best to get into a rehab first. This stuff messes with your mind. It changes you. And the answer is to get you into rehab and help you.”

Johnston is scheduled to appear at 9 a.m. Oct. 9. He remains in the Ozark County Jail.

Michael Cory Collins waived formal arraignment and pleaded not guilty to charges of resisting arrest, detention, stop by fleeing and creating a substantial risk of serious injury or death to any person, possession of a controlled substance and operating a motor vehicle in a careless and imprudent manner. Collins told the court that he has his application in at Action Recovery Center and Turning Leaf. He asked that he be released prior to his next court date in order to get married. His request was denied and he remains in the Ozark County Jail. Collins is scheduled to appear at 9 a.m. Oct. 9.

Continued to Oct. 9

Brian Mottus appeared for a probation violation hearing. Mottus said he had no attorney and was referred to the public defender’s office. His hearing is rescheduled for 9 a.m. Oct. 9.

Continued to Oct. 23

Daniel Eric Johnson appeared for a probation violation hearing. His hearing is rescheduled for 1:30 p.m. Oct. 23