Two men plead guilty, given suspended sentences during Aug. 4 session of Ozark County Law Day

Editor’s note: The following terminology may help readers understand the list 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 any 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 a SES is issued, the judge can revoke the probation and send the defendant to prison for the rest of the probation term. 

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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. Therefore, residents may see suspects out of prison and back in the community before the full prison sentence is completed. 

 

Circuit Judge Craig Carter processed six civil cases and 14 criminal cases during the Aug. 4 session of Ozark County Law Day. Updates on the criminal cases are listed below.

 

Guilty pleas and sentencing

Curtis Gray (see related story, below) pleaded guilty to possession of a controlled substance (methamphetamine) and was given an SIS. Gray was also ordered to complete drug court, a substance-abuse program administered by the 44th Judicial Circuit Court. He is ordered to be on supervised probation for a term of four years. 

He’s had two non-compliance reports from his supervising agency so far in the case: in June and July 2021. 

Michael L. Maloy (see related story, below) appeared before Carter and entered a guilty plea to possession of a controlled substance and burglary. He was given an SIS. Maloy was also ordered to complete drug court and to be on supervised probation for a term of four years. 

 

After failure to appear, defendant ordered to ‘show cause’ for absence

Eric Holdren, who pleaded guilty to burglary and stealing ($750 or more) in January 2019, failed to appear for his probation-violation hearing. Carter ordered Holdren to reappear for the hearing at 1:30 p.m. Aug. 18 and “show cause” for his absence at the Aug. 8 hearing. 

He was originally given an SIS and placed on supervised probation for five years. 

Holdren has had three violations so far in the case: in January 2020 and April and May 2021. 

 

Public defender appointed in probationers’ cases

Albert Smith, who pleaded guilty to unlawful possession of a firearm and unlawful use of drug paraphernalia in November 2015, appeared for a probation-violation hearing. 

The Missouri Public Defender’s Office denied Smith as a client; however, Carter appointed the public defender.

Smith, who was arrested Aug. 2 on a warrant associated with his failure to appear at his most recent scheduled court hearings for the probation violation, was released from custody after the hearing. He is ordered to be supervised by the Missouri Department of Probation and Parole. 

The probation-violation hearing was continued to 1:30 p.m. Aug. 18. 

He was originally given an SIS and placed on supervised probation for five years, a term that was eventually extended. Smith has had 12 violations in the case: in May, September, October and December 2015; March, June, October, November and December 2016; March and June 2017; and May 2021. He has completed several shock jail sentences for the violations. 

Justin Willhite, who pleaded guilty to burglary and stealing ($750 or more) in June 2018, appeared for a probation-violation hearing. 

The Missouri Public Defender’s Office denied Willhite as a client; however, Carter appointed the public defender. 

His probation was revoked, and another five-year probation term was instated. He will be on the new supervised probation until Aug. 4, 2025, unless it’s modified in the future.

He was originally given an SIS and placed on supervised probation for five years.

Willhite has had 11 violations in the case so far in the case: in June, August, September, October and December 2018; January and April 2019; February, June, October 2020; and April 2021. He has served several shock jail sentences and been allowed to enter drug treatment programs in connection with the violations. 

Zack L. Burris, who pleaded guilty to domestic assault in November 2019, appeared for a probation-violation hearing. The hearing was continued to 1:30 p.m. Aug. 18. 

The Missouri Public Defender’s Office denied Burris as a client; however, Carter appointed the public defender. 

He was originally sentenced to seven years in the Missouri Department of Corrections; however, the sentence was made under Missouri Revised Statute 559.115, which allows a defendant to complete a 120-day institutional drug-treatment program and be released on supervised probation for the remainder of the sentence. 

Burris has had two violations so far in the case: in October 2020, when he was ordered to enter Care Center Ministries. Another probation violation was filed July 2021. 

 

Probation-violation hearing continued

Jackie Lee Wyman, who pleaded guilty to resisting arrest by fleeing, creating a substantial risk of serious injury or death to another person in September 2020, appeared for a probation-violation hearing. 

Wyman, who was arrested July 26 on a warrant issued in connection with the most recent probation violation, was released from custody after the hearing. He is ordered to be supervised by the Missouri Department of Probation and Parole.

A probation-violation hearing was continued to 1:30 p.m. Aug. 18. 

He was originally given a four-year and five-year SES and was placed on supervised probation for a term of five years.

He has had one violation so far in the case, recorded July 2021. 

Anthony S. Collins, who pleaded guilty to burglary and forgery in November 2020, appeared for a probation-violation hearing. It was continued to 1:30 p.m. Aug. 18. The online record shows that the judge told the defendant it will be the final time he’ll allow a continuance in the hearing.

He was originally given a five-year SIS and placed on supervised probation. 

Collins has had three violations so far in the case: two in April and one in May 2021.

Michael Shane Merriman, who pleaded guilty to delivery of a controlled substance in February 2019, appeared for a probation-violation hearing. It was continued to 1:30 p.m. Aug. 18. 

He was sentenced to 10 years in prison; however, the sentence was made under Missouri Revised Statute 559.115, which allows a defendant to complete a 120-day institutional treatment program within the Missouri DoC and be released on supervised probation for the remainder of the term. 

Merriman has had five violations so far in the case: February and May 2019 and April, May and June 2021. On July 23, Carter made a docket entry that indicated Merriman’s probation was suspended pending the disposition in another case where he is charged with unlawful possession of a firearm and unlawful use of a firearm (exhibiting). That case was filed on May 20. 

 

Open cases scheduled or continued for future hearings

Jesse W. Osterkamp, charged with stealing ($750 or more), appeared for a bond-review hearing. He is ordered to return to court at 9 a.m. Aug. 18. 

Osterkamp has had three violations so far in the case: in March and April 2020 and July 2021. 

Patricia L. Hobbs, charged with driving while intoxicated causing the death of another passenger and possession of a controlled substance in a different case, appeared for a plea hearing or trial setting. The docket entry says Carter “finds that the defendant is a danger to society, in that the history of the present case pretrial release shows a dangerous mix of driving and serious substance abuse.” She is still in custody at the Ozark County Jail. The hearings were continued to 1:30 p.m. Aug. 18.

Timothy J. Frye, charged with unlawful use a weapon (exhibiting), appeared before Carter and was arraigned. He is scheduled to reappear at 9 a.m. Sept. 8.

Ozark County Times

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Gainesville, MO 65655

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