Trials set and guilty pleas accepted during the June 2 law day
Circuit Judge Craig Carter processed 25 criminal cases during the June 5 session of Ozark County court.
Trials set
A trial was set in the case of Patrick K. Lee, charged with first-degree burglary, second-degree domestic assault and second-degree robbery. Pre-trial is set for Dec. 18, 2024.
On a change of venue from Douglas County, Johnathan E. Rowden rejected a plea offer from the state to amend his charge of first-degree harassment to second-degree harassment and a proposed sentence of five days in the county jail. A jury trial is scheduled for next summer.
Case review
A case review was held for Matthew B. Wollin, who requested that he be given credit for the 427 days spent in the Missouri Department of Corrections waiting for his case to be heard. Wollin, convicted of two counts of third-degree domestic assault in March 2024, is currently serving four years in the DOC. His case review was initially heard in May 2024 at which time Judge Carter asked Wollin’s attorney Richard Bender to give him case law on the “issue of what is time served” as it pertained to Wollin’s conviction and sentencing.
As Wollin watched via a video link from the DOC, Bender told the judge he had done more research into the laws and admitted that “the law may be against me on this.” Bender said his client was given credit for the 141 days he was in the Ozark County Jail, however because of the nature of the cases, the days spent in the DOC were not eligible for credit. However, Bender requested that the court consider some equitable time for his client.
Ozark County Prosecuting Attorney Lee Pipkins said that at the time of the plea agreement he was not aware that the DOC would not give Wollin credit. He said he has no opposition to Wollin receiving credit “but we’d have to set aside the existing sentence.”
Carter said he would look into the case.
Change of judge
A change of judge was requested in the case of Timothy J. Frye. The motion was sustained, and the Ozark County Circuit Clerk was ordered to notify the Missouri Supreme Court for case reassignment. According to online court records, the case was reassigned on June 7 to Judge Melissa L. Stewart in Howell County. Frye is set to appear before Judge Stewart at 10 a.m. June 26 in the Ozark County Courthouse in Gainesville. Frye is charged with first-degree harassment and fourth-degree assault (special victims).
Guilty pleas
David D. Havens pleaded guilty to first-degree burglary and stealing a firearm. He was sentenced to 10 years in the Missouri Department of Corrections for burglary and seven years for stealing. Havens was also ordered to complete long-term drug treatment. All sentences will run concurrent with a Taney County sentence.
Amy Poyner pleaded to possession of a controlled substance - meth and was sentenced to 5 years in the DOC with SES and five years probation. A charge of possession of drug paraphernalia with intent to use was dismissed. 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. The sentence is to run concurrent with a Howell County case. Poyner was arrested July 28, 2023, when the car she was a passenger in was stopped in Bakersfield by Ozark County Deputy Josh Sherman.
According to records, Sherman observed a black truck drive into the parking lot of Evans Kwik Stop in Bakersfield and Sherman noticed that the registration on the truck had expired in 2020. After Sherman stopped the truck, the driver was placed under arrest for operating a vehicle without a valid license and was held on an active warrant from another jurisdiction.
Poyner and the driver consented to search of the truck, and Sherman found a black bag located in the back of the vehicle that contained a glass smoking pipe with a crystal-like substance, a small white bag and yellow bag with a similar substance. Poyner and the driver denied possession of the items. Sherman arrested Poyner and the driver and they were transported to the Ozark County Jail.
DWI charges were dismissed for Charles K. White, who then pleaded guilty to two misdemeanor charges of driving without a license. He is sentenced to SIS, 2 years unsupervised probation and 10 days shock incarceration in the Ozark County Jail with credit for time served. 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.
Taylor French pleaded guilty to first-degree tampering with a motor vehicle. She is sentenced to SIS and 5 years probation. A charge of misdemeanor stealing was dismissed.
Carl Edward Foster withdrew his pleas of not guilty and pleaded guilty to the charge of possession of methamphetamine. He was sentenced to SIS with probation. A count of third-degree assault and possession of drug paraphernalia with intent to use were dismissed.
Megan Loftis pleaded guilty to possession of methamphetamine and was given a SIS and five years probation. A charge of unlawful possession of drug paraphernalia was dismissed. Loftis is currently in Clean Sweep Ministries, a treatment center in Springfield.
According to the original probable cause statement, Loftis was arrested Aug. 2, 2023, after Ozark County Lt. Matt Rhoades observed a white Chevrolet truck at a home known for illegal drug activity on Highway 101 in Bakersfield. At the time Loftis had an active felony warrant for her arrest. Rhoades’ report stated that he found drug paraphernalia and containers with methamphetamine residue, a plastic bag with a crystal-like substance, a needle loaded with clear liquid, a bottle of cotton filters and a brownish liquid substance in the defendant’s purse. All items field-tested positive for methamphetamine.
Not guilty pleas
Timothy Kyle Sprague pleaded not guilty to two counts of third-degree domestic assault. His case is continued to 9 a.m. July 3. Sprague recently returned to Ozark County after spending 120 days in the DOC after being convicted of manslaughter. Sprague’s attorney Christopher Swatosh requested that Sprague be released from custody. Ozark County Prosecuting Attorney did not object to Sprague’s release with supervision from Court Probationary Services, as long as he has no contact with the alleged victim.
Brady Keith Jonas waived formal arraignment and reading of the charges and pleaded not guilty to charges first-degree terrorist threat and misusing the 911 emergency service line. His case is continued to Aug. 7.
Charles Hogue waived formal arraignment and reading of the charges and pleaded not guilty to the charge of unlawful use of a weapon while intoxicated (loaded weapon). His case is continued to July 3.
Probation Violations
Michael B. Mansfield admitted violating the terms of his probation. Mansfield pleaded guilty in February 2022 to burglary and stealing a firearm. He was sentenced to 5 years in the DOC with SIS. He is continued on probation.
A probation violation hearing for Brian William Cutherbertson is set for a revocation hearing at 1:30 p.m. June 20. Cuthbertson has new charges filed in the Associate Circuit Court. Cuthbertson was released to court probationary services and will have a GPS monitor until his next hearing.
Continued to June 20
Michael W. Renne, who was convicted of possession of a controlled substance in March 2021, appeared for a probation violation. The public defender requested that Renne be released, but court records show Renne was ordered to remain in custody pending the probation violation hearing, which was continued to 1:30 p.m. June 20. Renne appeared before Associate Circuit Court Judge Raymond Gross on June 12 on new charges of possession of a controlled substance, third-degree domestic assault, armed criminal action and unlawful possession of drug paraphernalia. He waived the preliminary hearing and was bound over to Ozark County Circuit Court on the charges. He remained in the Ozark County Jail at presstime.
Continued to July 3
Colin Crockett, charged with stealing $750 or more, was scheduled for a plea or trial setting. Because Public Defender Chase Opolka was ill, the case is continued to 9 a.m. July 3.
Brandon Guidry is charged with two counts of possession of a controlled substance, unlawful possession of drug paraphernalia, two counts of unlawful possession of a firearm, second-degree terrorist threat, damage to jail or jail property, resisting or interfering with arrest for a felony and receiving stolen property, was scheduled for a plea or trial setting. Because Public Defender Chase Opolka was ill, those cases are continued to July 3. Prosecuting Attorney Lee Pipkins objected to Guidry’s request that he be released from the Ozark County Jail until his July 3 appearance. Judge Carter overruled Pipkins objection and ruled that Guidry may be released to Court Probationary Services with a GPS monitor. Guidry remained in the Ozark County Jail at presstime.
Continued July 17
The state withdrew the motion to have Daniel Eric Johnson’s bond revoked and requested a 10 p.m. curfew. Johnson’s attorney filed a motion that Johnson’s ankle monitor be removed. The motion was overruled. He scheduled to appear at 1:30 p.m. July 17. However, on June 7, Judge Carter found probable cause that Johnson violated terms of his bond and an alias capias warrant was issued.
Continued to Aug. 7
Trenton Strain, charged with second-degree arson, eight counts of armed criminal action and seven counts of knowingly burning or exploding, was scheduled for a plea or trial setting. Because Public Defender Chase Opolka was ill, the case is continued to 9 a.m. Aug. 7.
Auden Michael Vaneperen was scheduled for a plea or trial setting. He is charged with delivery of a controlled substance and first-degree tampering with a motor vehicle. He faces other charges in separate cases. Vaneperen’s plea or trial setting is continued to 9 a.m. Aug. 7. He is also ordered to avoid defendant Daniel Johnson. Johnson’s GPS monitor allegedly went off at Vaneperen’s home.
Continued to Sept. 4
Michelle Wilcox, who was convicted of possession of a controlled substance in December 2022, admitted a probation violation by testing positive for drugs. However, Wilcox tested negative the morning of June 5. Because Wilcox is not a resident of Ozark County, she is not eligible for Ozark County Drug Court or the ARC program. According to her attorney, Wilcox has been attending Alliance Counseling and is employed. Her probation violation hearing is continued to 9 a.m. Sept. 4.
The criminal setting for Austen Clouser, charged with three counts first-degree endangering the welfare of a child (serious physical injury, no sexual contact), two counts second-degree assault, and fourth-degree assault, is continued to 9 a.m. Sept. 4.
The plea or trial setting for Trevor Van Mansker is continued to 9 a.m. Sept. 4. Van Mansker is charged with two counts of second-degree burglary, first-degree property damage, two counts of stealing $750 or more and second-degree property damage.
The plea or trial setting for James C. Reed is continued to 9 a.m. Sept. 4. Reed is charged with unlawful use of a weapon by shooting at or from a motor vehicle at a person, motor vehicle or building, first-degree harassment, armed criminal action and second-degree tampering with a motor vehicle.