Contrasting court appearances: one spews profanity, another plants a kiss


Dakota Woodward was escorted out of Circuit Judge Craig Carter’s courtroom Nov. 6 after yelling obscenities at Carter and Prosecuting Attorney John Garrabrant. Ozark County Jail photo

 

A 19-year-old Gainesville man was escorted out of the courtroom by Ozark County deputies after spewing obscenities at Circuit Judge Craig Carter and Ozark County Prosecuting Attorney John Garrabrant during the Nov. 6 session of Ozark County Law Day. 

Dakota Woodward, dressed in an orange jumpsuit and wearing handcuffs and leg shackles, walked to the courtroom’s podium last Wednesday before Carter. When Carter asked what was happening in Woodward’s case, Garrabrant told the judge that Woodward had been arrested the night before and was held in jail on a warrant to appear in court for a probation-violation hearing in a case in which he had pleaded guilty to possession of a controlled substance in October 2018. 

Garrabrant said Woodward had appeared for a prior probation-violation citation on Aug. 29, and he had been ordered to complete drug court. Garrabrant told the judge that Woodward failed to report for drug court after that hearing.

“Where’s the proof?” Woodward shouted at Garrabrant. “Where’s the proof, [expletive]?”

“Sir, you probably shouldn’t talk like that in here,” Carter told Woodward.

“Or what?” Woodward shouted at the judge. “I don’t give a [expletive]. You can suck my [expletive] [expletive]. [Expletive] you.”

Woodward continued to shout obscenities as an Ozark County jailer escorted him out of the courtroom. 

Carter smiled at the remaining defendants and attorneys in the courtroom. “OK. So, who would like to follow that?” he said, laughing. 

Woodward is scheduled to reappear for the probation-violation hearing on Dec. 4. He currently remains in custody in the Ozark County Jail. 

In contrast to Woodward’s loud, profane behavior, another defendant, Kerry McKee, appeared in court for an old case he had been working toward completing. When Carter confirmed that he had completed all conditions in his case and told him to talk to Probation and Parole officer Craig Cronister to finalize the case details, McKee stepped over to Cronister and kissed him on the face. 

Cronister stepped outside the courtroom with McKee to discuss his case and then returned to the courtroom.

“Well, that was a first!” he said.

Because McKee was not on the Nov. 6 Law Day docket and since he has now met all conditions of his case and paid all fines, Carter marked the case closed, and details of the case are no longer pubic record. 

In addition to these cases, Carter processed a total of 39 criminal cases and 24 civil cases. Updates in the criminal cases are listed below. 

Warrants issued

Sean B. King, who pleaded guilty to possession of a controlled substance in February 2018, did not appear for his probation-violation hearing. A motion to revoke and a capias warrant, meaning a warrant with no bond and full extradition rights, was issued. 

 

Guilty pleas and sentencing hearings

Zack Burris (see story, page 5) pleaded guilty to the amended charge of second-degree domestic assault. A sentencing assessment report was ordered, and Burris is scheduled to return for a sentencing hearing Jan. 8, 2020. Burris was originally charged with domestic assault and armed criminal action. The state amended the domestic assault charge from first-degree to second-degree and dismissed the armed criminal action charge. Burris’ public defender, Lauren Kate Welborn, told Carter the state has agreed to cap its recommendation at seven years in prison. Welborn said the defense will likely argue for a 120-day institutional treatment program in the Missouri Department of Corrections. 

Tabitha L. Cathcart pleaded guilty to five counts of felony-level passing bad checks and was given a suspended imposition of sentence. She was placed on supervised probation for a term of five years and ordered to complete a substance-abuse evaluation and follow up with any after-care recommendations. She is ordered to pay court costs and restitution totaling $1,003.25 to Town & Country Supermarket and Evans Kwik Stop, payable in $100 per month payments. In that case, a Court Probationary Services (CPS) officer told the judge that Cathcart tested positive for methamphetamine/amphetamine while on pre-trial supervision. She was ordered to complete a seven-day shock jail sentence for the violation. 

Julia Anne Lesh pleaded guilty to possession of a controlled substance (hydrocodone) pursuant to a plea agreement with the state. As part of the agreement, additional charges of exceeding the posted speed limit by 26 miles per hour, possession of marijuana and unlawful possession of drug paraphernalia were dismissed. Lesh was given a suspended imposition of sentence and placed on supervised probation for a term of four years. She was ordered to pay $300 to the county law enforcement restitution fund and complete a substance abuse evaluation and follow up with any after-care recommendations. She is also ordered to serve 60 days in jail at the discretion of the Missouri Division of Probation and Parole. 

 

Probation and payment hearings

Mark Wayne Lambert, who pleaded guilty to possession of a controlled substance in April 2017, appeared for a probation violation of failing to report to his probation officer. Lambert admitted the violation, and his original five-year prison sentence was executed. The sentence is to run concurrently with a Douglas County prison sentence in which Lambert is currently serving five years in the Missouri Department of Corrections. Online records indicate the Douglas County case involves two charges of possession of a controlled substance.  

Dalton Cody Massey, who pleaded guilty to possession of a controlled substance in July, appeared for a probation-violation hearing. An officer with Probation and Parole told Carter that Massey was arrested for two separate driving-while-intoxicated traffic violations on the same day. The office of Probation and Parole suggested that Massey be continued on probation, but Garrabrant disagreed with that suggestion. Carter ordered Massey to complete a seven-day shock jail sentence and return for a probation-violation hearing Dec. 4. 

Andrew Brandt Clay (see new case filed below), who pleaded guilty to unlawful use of a weapon-exhibiting in March 2018, appeared for a probation-violation hearing. The hearing was continued to Dec. 4. 

James Raymond Epley, who pleaded guilty of possession of a controlled substance in July, did not appear for a probation-violation hearing. A show-cause hearing was scheduled for Dec. 4. 

Jeremiah D. Kowerduck, who pleaded guilty to burglary, stealing $750 or more, unlawful possession of a firearm and possession of a controlled substance in July, appeared for a probation-violation hearing. A probation-violation citation was filed against Kowerduck on Oct. 23. He was picked up and completed a seven-day shock jail sentence for the violation. Kowerduck told the judge he wanted to relocate to Joplin for work and asked for permission to amend his probation and parole terms to allow him to move. Carter agreed to allow Kowerduck to move but said he must be employed to do so.  

Joshua David Mast, who pleaded guilty to manufacturing a controlled substance in March, appeared for a probation-violation hearing. A citation report was filed against Mast for testing positive for marijuana use while on probation. Mast had already completed a 7 day shock jail sentence for the violation. He was continued on probation. 

Hanna J. Schaum, who pleaded guilty to stealing $750 or more, did not appear for a probation-violation hearing. Schaum’s attorney Bradley Wayne Hughes told Carter that she was currently in jail in Douglas County and when she is released from Douglas County, she has a hold out of Greene County for charges she faces there. Carter continued Schaum’s Ozark County probation-violation hearing for Jan. 8, 2020. 

Archie Vincent, who pleaded guilty to non-support of a child with total arrears in excess of 12 monthly payments due under a child-support order in October 2016, appeared for a probation-violation hearing for non-payment. Vincent recently had an income-withholding plan executed in his case, and child-support payments are currently being deducted from his paycheck. Carter scheduled another case review for Jan. 8, 2020.  

 

Continued or scheduled for Dec. 4

Steven Robert Caldwell was arraigned on charges of possession of a controlled substance and delivery or possession of a controlled substance at a county jail. He entered an initial not guilty plea. A trial setting or a plea hearing, when he could change his plea to a guilty plea, was scheduled. Another two cases, in which Caldwell is charged with two counts of driving with a revoked or suspended license, possession of marijuana and unlawful possession of drug paraphernalia, were also on this Law Day docket. In those cases, a representative with Court Probationary Services, Inc. (CPS) told the judge he had filed a violation report against Caldwell, resulting in his rearrest and holding in the Ozark County Jail, because he had fallen behind on making payments to CPS for his pre-trial supervision but came to his appointments with his probation officer smelling of cigarettes and had tested positive for alcohol. He also said Caldwell has tested positive for methamphetamine while on supervision. Caldwell’s public defender, Lauren Kate Welborn, told the judge that Caldwell has numerous health issues and is on many medications, which makes it difficult for him to be in custody. Welborn explained that Caldwell is not employed and Caldwell’s friends had actually purchased the cigarettes and alcohol he was using. Welborn asked the judge to lower the cost of the CPS supervision. “If his friends can buy him those things, maybe they can buy him a drug test too,” the CPS officer said. Carter denied lowering the cost of CPS supervision, and Caldwell remained in custody. 

Russel Dean Spence, charged with two counts of possession of a controlled substance, appeared for a plea hearing or trial setting. Spence’s public defender, Lauren Kate Welborn, told Carter she had filed a motion to compel recently because she requested a copy of the audio and video of the traffic stop involved with Spence’s allegations from the Missouri State Highway Patrol office over a year ago, and she still has not received anything. Garrabrant told Carter that the prosecutor’s office has also called the MSHP to request the evidence, and it still has not been issued. Carter ordered that full discovery be received by the attorneys by Dec. 4 or the case will be dismissed. 

Samuel Leonard Havens, charged with driving while intoxicated - aggravated offender (a defendant is charged as an aggravated offender if he has pleaded guilty or been found guilty of three or more intoxication-related traffic offenses) appeared for a plea hearing or trial setting. During the hearing, Haven’s public defender, Lauren Kate Welborn, told the judge that Havens was supposed to be released to complete the Care Ministries program, but he did not complete it. Welborn said Havens did enter another treatment program and has proof of completion. Garrabrant told Carter he didn’t know about the other program, and he’d like to learn more information about it and see the proof of completion documents before he could make a recommendation to the court. A trial setting or disposition hearing was set. Carter ordered Havens to report two times a week to CPS if he is not in a treatment facility. 

Ethan Belcher, was arraigned on a charge of possession of a controlled substance and possession of marijuana. A trial setting or a plea hearing, when he could change his plea to a guilty plea, was scheduled. 

Jesse W. Osterkamp, who pleaded guilty to non-support of a child with total arrears in excess of 12 monthly payments due under a child-support order, had a probation-violation hearing continued. Osterkamp’s public defender, Lauren Kate Welborn, told the court that he has two additional cases that have been filed in associate court under Associate Judge Raymond Gross and are scheduled for preliminary hearings. Continuing this case will allow all the cases to be packaged together for a global plea if it’s needed. 

Summer Dawn Stephens, charged with three counts of possession of a controlled substance and one count of tampering with a motor vehicle, appeared for a plea hearing or trial setting. Stephens’ public defender, Lauren Kate Welborn, told the judge that Stephens received a suspended imposition of sentence in a Christian County case where she pleaded guilty to possession of a controlled substance, unlawful use of a weapon and stealing less than $150. A sentencing assessment report was prepared by the Missouri Department of Probation and Parole in the Christian County case. Welborn and Garrabrant are scheduled to review the report together before recommending a plea offer in the Ozark County case. 

Sarah Sue Prewett was arraigned on a charge of possession of a controlled substance. She entered an initial not-guilty plea. Prewett’s public defender, John H. Kizer, told the court that Prewett was seeking treatment. Carter allowed Prewett to be released for treatment if a bed date could be secured at the treatment facility. 

James Andrew Byrd, charged with possession of marijuana or synthetic cannabinoid of 10 grams or less, had his plea hearing or trial setting continued. He was also arraigned in a new case in which he is charged with possession of a controlled substance and unlawful use of a weapon - possessing a weapon and a felony level controlled substance. He entered an initial not-guilty plea in that case. He will appear for a plea hearing or trial setting in that case Dec. 4 also.

Andrew Brandt Clay was arraigned on an assault charge. He entered an initial not-guilty plea. A trial setting or a plea hearing, when he could change his plea to a guilty plea, was scheduled. 

Cameron Cofer, charged with first-degree assault and armed criminal action, appeared for a motion hearing after his defense attorney, Rickey Dean Farrow, filed a motion for a bond reduction on Nov. 4. The hearing was continued. Garrabrant told Cofer that the plea agreement offer he had extended expires on the Dec. 4 Law Day. 

Matthew Neal Collins, charged with possession of a controlled substance and unlawful use of a weapon - possessing a weapon and a felony-level controlled substance, did not appear for a plea hearing or trial setting. His public defender, Lauren Kate Welborn, told the judge he had to be at a doctor’s appointment for injuries he sustained in a motorcycle accident. His plea hearing was continued. 

Michelle I. Giplin was arraigned on a charge of possession of a controlled substance. She entered an initial plea of not guilty. A trial setting or a plea hearing, when she could change her plea to a guilty plea, was scheduled. 

Robert Charles Hudson, charged with possession of a controlled substance, had his plea hearing or trial setting continued. 

Adam D. Lilly was arraigned on charges of burglary, stealing a firearm and unlawful possession of a firearm. He entered an initial not-guilty plea. A trial setting or a plea hearing, when he could change his plea to a guilty plea, was scheduled. 

Brian Lee Menz, charged with assault, had his plea hearing or trial setting continued. 

Larry DeWayne Yancey, charged with failure to register as a sex offender, had his plea hearing or trial setting continued. 

 

Other cases

Phyllip Benjamin Mitchell was arraigned on charges of possession of a controlled substance and possession of marijuana. He entered an initial plea of not guilty. A hearing in which Carter will rule on Mitchell’s motion to suppress evidence is scheduled for Dec. 23. 

Amy L. Suter, charged with possession of a controlled substance, appeared for a plea hearing or trial setting. A motion to suppress evidence was filed in the case, and Carter scheduled a suppression-motion hearing for Dec. 23. 

Ozark County Times

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