Johnson, Guidry accept plea deals, two trials set

Two guilty pleas were accepted and two trials set during the July 17 session of Ozark County Circuit Court.

Incompetent to proceed with case

John Wiggins of Aldrich was committed to the Missouri Department of Mental Health after a mental review found that he “lacked the capacity to understand the proceedings against him or to assist in his own defense,” according to the order to commitment filed after his appearance in court. 

Wiggins faces two charges of failure to register as a sex offender. According to the commitment order, Wiggins “lacks mental fitness at this time to proceed with the charges against him.” Wiggins is ordered to appear in Ozark County Circuit Court on Dec. 18 to determine if he has regained competency or if there exists “a substantial probability” that he will regain his competency in the foreseeable future. He remains in the Ozark County Jail until transported.

Guilty pleas

Daniel Eric Johnson pleaded guilty to charges of failure to register as a sex offender, third degree domestic assault, attempting to tamper with a victim in a felony prosecution and violation of an order of protection for an adult. Two additional charges of violation of an order of protection of an adult and a charge of attempting to tamper with a witness were dismissed and two other charges will not be filed against Johnson pursuant to the plea agreement with the state. The victim “is not objecting to the plea,” said Douglas County Prosecuting Attorney Matt Weatherman, filling in for Ozark County Prosecuting Attorney Lee Pipkins.

According to Weatherman, Johnson committed the domestic assault in January 2024 by shoving the victim into a closet and punching her, leaving several bruises on her. Johnson later attempted to contact the victim by having a third party contact her while he was in the Ozark County Jail and telling the third party what to say to the victim. He also admitted to following the victim on Highway 160 while she had an order of protection in place.  

Johnson was sentenced to 30 days in the Ozark County Jail with credit for time served and 4 years in the Missouri Department of Corrections with SES, 5 years probation, ordered to have no contact with the victim except as what may be needed for child custody or dissolution of marriage and ordered to attend a batterer intervention 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. He remains in the Ozark County Jail.

Brandon Guidry pleaded guilty to possession of a controlled substance and two counts of unlawful possession of a firearm. Charges of unlawful possession of drug paraphernalia, second degree terrorist threatening, damage to jail or jail property, resisting arrest, receiving stolen property and a second count for possession of a controlled substance were dismissed pursuant to a plea agreement. Guidry was sentenced to 7 years in the Missouri Department of Corrections with credit for time served.

Charges against Guidry stem from an Oct. 21, 2023, rollover crash near Thornfield. According to the Missouri State Highway Patrol online crash report, Guidry was driving a 2001 Ford Explorer on Highway 95 south of Thornfield when he traveled off the left side of the roadway and overcorrected twice causing the vehicle to overturn. The female passenger was transported to Baxter Health in Mountain Home, Arkansas, for treatment of her injuries. 

However, Guidry was not at the scene when deputies arrived but Ozark County deputies found methamphetamine and a firearm in the vehicle. Later, Guidry requested medical treatment for injuries he sustained in the crash. He was booked into the Ozark County Jail on the charges of possession of drugs and possession of a firearm by a convicted felon. He was then transported to Baxter Health for treatment.

Not guilty plea

William Huelsenbeck waived formal arraignment and pleaded not guilty to charges of first degree statutory rape by having sexual intercourse with a person under age 14. Huelsenbeck’s former attorney, Public Defender Chase Opolka, appeared for Huelsenbeck’s new attorney Christopher Hatley and informed the court that a joint motion for change of judge and change of venue will be filed. The case is continued to 9 a.m. Aug. 7. He remains in the Ozark County Jail.

Timothy James Frye waived formal arraignment and pleaded not guilty to charges of first degree harassment and first offense second degree stalking. A change of judge and a change of venue was requested and sustained by Judge Carter.

Trials set

A trial was set in the case of Patricia A. Santos Duvalier, charged with abuse of an elderly, disabled or vulnerable person and financial exploitation of an elderly, disabled or vulnerable person. According to Weatherman, Duvalier turned down a plea offer and requested a jury trial. The trial is scheduled for 2025 with a pre-trial set for March 5, 2025.

A trial was set in the case of Kimberly Morris, charged with possession of a controlled substance and unlawful possession of drug paraphernalia with prior drug offense. Weatherman told the court that offers had been extended to Morris in Ozark County and Douglas County. Morris’s attorney William Norrid said they were not ready to accept the offers at this time and requested a continuance. Judge Carter scheduled a trial for Morris in 2025 with a pre-trial scheduled for Jan. 8, 2025.

SIS extended

Probation was revoked and a new term of SIS and five years probation was given to Dalton M. Howard. Howard, originally charged with resisting arrest by fleeing (creating a substantial risk of serious injury to a person) and sentenced Jan. 20, 2022, had failed to complete the court ordered 160 community service hours. He told the court he had been unable to complete the hours because he was working 40 or more hours a week at a local business and had not had the time to complete the hours. He was informed that once he completed the community service hours the state would agree to discharge him early from 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.

Continued to Aug. 7

April Dawn Perry’s  probation violation hearing was continued to  9 a.m. Aug. 7. She will also be screened for Drug Court. Perry was taken into custody by the Ozark County Sheriff’s Department and remains in the Ozark County Jail.

Arraignment for Brian Cuthbertson was continued to 9 a.m. Aug. 7. Cutherbertson is charged with second degree assault, first degree property damage and armed criminal action.

A plea or trial setting was continued to 9 a.m. Aug. 7 for Christopher Scott Davis. Davis is charged with possession of a controlled substance, unlawful possession of drug paraphernalia (prior drug offense), first degree trespassing and stealing. He faces additional charges in Douglas County. According to Weatherman, Davis was offered a plea agreement but has not accepted the offer and is currently out on bond from Baxter County, Arkansas. Opolka asked that Davis be released from Ozark County custody in order to attend to his jury trial in Baxter County Court. However, Weatherman said Davis has a Department of Corrections warrant. Judge Carter denied Opolka’s request and Davis remains in the Ozark County Jail.