Judge hands down suspended imposition, execution of sentences, probation in two cases
Editor’s note: The following terminology may help readers understand the cases listed below: A suspended imposition of sentence (SIS) means that a defendant has not had a prison sentence imposed at sentencing. Instead, the immediate punishment is supervised probation. If he or she successfully completes probation without too many violations, the charge will not be included on a future criminal record. However, if the defendant violates probation, the judge can change the SIS to a suspended execution of sentence (SES). In that case, the sentence execution is also suspended and the defendant isn’t forced to go to prison, but the charge will remain on his or her criminal record from that point forward. If the defendant continues to violate his or her probation after an SES is issued, the judge can revoke the probation and sent the defendant to prison for the rest of the probation term.
Although defendants are sentenced by the judge to specific terms within the Missouri Department of Corrections, offenders are only required to serve as little as 15 percent of their sentence before being eligible for release on parole. So residents may see suspects back in the community before the full prison sentence is completed.
Circuit Judge Craig Carter processed a total of 17 criminal cases during the May 17 criminal docket. Updates in the cases are listed here:
Peyton Brady pleaded guilty to driving while intoxicated (causing a serious physical injury) pursuant to a plea agreement with the state. As part of the agreement a charge of driving while intoxicated with a person younger than 17 in the car, three other counts of driving while intoxicated causing serious physical injury and four counts of endangering the welfare of a child were dismissed. The case is connected to a May 2022 crash.
Brady was given a SIS and placed on probation for a term of 5 years.
According to the probable cause statement in the case prepared by MSHP Trooper N. Vines, the officer was notified by the Troop G dispatch office of a crash on County Road 328 in Ozark County at 5 p.m. May 28, 2022.
When Vines arrived on scene he saw a gray 2009 Pontiac G6 with Missouri license plates in the ditch on the east side of the county road with damage sustained from crashing into a tree. Vines talked with the driver of the Pontiac, who identified himself as Brady. A routine check of his driver’s license showed that it was suspended out of the state of Florida.
Vines also spoke with the passengers of the vehicle. Samuel J. Deatherage, who owned the car, was in the passenger’s seat, and his four juvenile children rode in the back of the car.
“At the time of the crash, S. Deatherage was bleeding from a laceration on his head and complaining of severe back pain, Victim #2, age 13, was complaining of leg pain, and first responders on scene advised me one of his legs was broken,” the report says. “Victim #3, age 11, was complaining of head pain. Victim #, age 8, had blood coming from his right ear.” Deatherage and the four children were transported to area hospitals by ambulance to be evaluated and treated.
Brady had no apparent injuries, the report says, and the officer began interviewing him about the crash. While speaking with him, Vines said he detected the faint odor of intoxicants coming from Brady as he spoke, and he noticed his eyes were bloodshot and watery.
Vines asked Brady if he’d had anything to drink that day. Brady reportedly told the officer “a little bit,” the report says. When Vines encouraged him to define that, he reportedly answered, “like a beer.” When asked when was the last time he’d drank something, Brady said, “A couple hours. An hour ago.”
Brady took a preliminary breath test at 5:35 p.m., which resulted in a .145 percent blood alcohol content reading. The legal limit in Missouri for driver’s is .08 percent.
Vines wrote that he opted out of administering field sobriety tests on Brady due to the potential of his own injuries sustained in the crash. Vines placed Brady under arrest and transported him to the Ozark County Jail where the suspect gave consent to a chemical breath test at 6:28 p.m., the report says. It registered at .165 percent.
Charles J. Simpson pleaded guilty to second-degree assault and was sentenced to the Missouri Department of Corrections for a term of 5 years. The execution of the sentence was suspended. He was placed on supervised probation for 5 years.
According to the probable cause statement prepared by Ozark County Deputy Jeff Lane, the officer was dispatched to a residence on KK Highway in Pottersville at 1:37 a.m. July 15, 2022.
When he arrived, he spoke with a woman who said Simpson hit her in the face with a Bible, squeezed her arm and drug her across the floor, breaking glass along the way.
Lane noticed that the woman had redness and swelling on her face and around her right arm. There was also a mark on her neck, he noted.
“Mr. Simpson was sitting in a recliner. When asked what had happened between him and [the woman]…he replied he was trying to read her the word from his Bible, and she would not listen. When asked if he struck [the woman], Mr. Simpson said yes,” the report says.
Lane informed Simpson that he was under arrest for the incident, and Simpson told the officer he would not go with him. Lane attempted to place Simpson in handcuffs, and the suspect reportedly became non-compliant.
“After a brief altercation Mr. Simpson was placed in a vehicle and transported to the Ozark County Jail for a 24-hour hold with charges pending,” the report says.
Continued on probation
Cody Wadkins, who pleaded guilty to possession of a controlled substance in August 2013, appeared in custody for a probation violation hearing after he tested positive for THC and benzos while on probation. He was continued on probation.
Jonathon Dean Miller, who pleaded guilty to manufacturing a controlled substance in October 2018, appeared with an attorney for a probation violation hearing. He was continued on court-supervised probation.
Charles Clayton McTeer, who pleaded guilty to unlawful blood alcohol content - persistent offender in February 2018, appeared. His court costs were sent to collections, and he was continued on probation.
Charles J. Simpson, who pleaded guilty to domestic assault in June 2020, appeared for a probation violation hearing. He admitted to violating his probation. He was continued on probation. See additional case, page 7.
Dewayne R. Allen, who pleaded guilty to unlawful possession of a firearm in November 2021, appeared with his attorney for a probation violation hearing. He was continued on probation with the additional condition that he successfully complete the 44th Judicial District drug treatment court program.
Jury trial scheduled
Patrick K. Lee, charged with burglary, domestic assault and robbery, appeared with his attorney. A jury trial was scheduled for Nov. 29-30 with a pre-trial conference on Oct. 18.
Did not appear in court
Matthew Barton, charged with harassment, was scheduled to appear for a plea hearing or trial setting. He did not appear. A show cause order was filed, and he is scheduled to reappear in court at 9 a.m. June 7.
Michael S. Szabo, charged with possession of a controlled substance, failed to appear in court. A capias warrant was issued.
Scheduled or continued to June 7
Herbert Palmer, charged with possession of a controlled substance, unlawful possession of a firearm and unlawful use of a weapon (possessing a weapon and felony-level controlled substance), was ordered to serve 7 days as a shock jail sentence. He was ordered to appear back in court at 9 a.m. June 7.
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, appeared for a plea hearing or trial setting. It was continued to 9 a.m. June 7. The online docket report shows that the state indicated it would be filing amended information in the case.
Scheduled or continued to June 22
William Huelsenbeck, charged with statutory rape/having sexual intercourse with a person younger than 14, appeared with his attorney. His plea hearing or trial setting was continued to 1:30 p.m. June 22.
Jerry Joseph Chiasson, charged with stealing a motor vehicle, appeared and told the court that he has a public defender. His plea hearing or trial setting was continued to 1:30 p.m. June 22.
Tyler Hogan, charged with possession of a controlled substance, appeared with his attorney. The docket says that more charges will soon be filed. He’s scheduled to return to court at 1:30 p.m. June 22.
Scheduled or continued to July 5
Michael L. Jones, charged with stealing a motor vehicle and possession of a controlled substance, appeared with his attorney. The docket report shows that he’s been compliant with Court Probationary Services supervision requirements. A plea hearing or trial setting is scheduled for 9 am. July 5.
Scheduled or continued to July 19
William Timothy Chamberlain, charged with non-support of a child with total arrears in excess of 12 monthly payments due under a child support order, had his plea hearing or trial setting continued to 1:30 p.m. July 19.