Ray Larson, Commonwealth's Attorney

A Message from Ray the D.A.

Ray Larson    Fayette Commonwealth's Attorney

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Responsibility!  Take your babysitting responsibility seriously.  You will be caring for children.
 
Before accepting the job -- ask questions.  Parents usually feel confident with a babysitter who asks questions, such as the number and ages of the kids, bedtimes, allergies, medicines, etc.
 
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Issue: #9 March/2008
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TOP STORIES
 
Ray the D.A.'s Random Thoughts on the Criminal Justice System
"Too many in prison.  It costs too much.  Cut the incarceration rate," we are told, by those who are seldom, if ever, the victims of crime.
Meet Lexington's Felony Prosecutors
Kathy Phillips' areas of special expertise are Domestic Violence and Sexual Assault.
Death Row Inmate of the Week
This killer stabbed a female victim.  The butcher knife stuck through her chest and imbedded in the floor.
Cops & Robbers News
The Cease-Fire Project will provide intensive street-gang training for 50 police and prosecutors from Lexington and Central Kentucky.
Recent Court Case
Charles Michael Smith, Jr. is a repeat felony offender.  His felonies are "Non-Violent Property Crimes."
Crime Analysis:  Statistics Tell a Story
Larson pleased by 97.4% conviction on drug cases over the last 12 years.
Office News
Maureen Ratliff observes Leadership Lexington's Public Safety Day.
Last Week's Circuit Court Sentencings
Who went to prison and who was probated.
Ray The D.A.'s Random Thoughts On The Criminal Justice System
"Too Many In Prison.  It Costs Too Much.  Cut The Incarceration Rate," We Are Told, By Those Who Are Seldom, If Ever, The Victims Of Crime
 
Hollow words indeed for those who struggle daily with crime in the high crime areas of our city, which, unfortunately, are all too often predominantly lower socio-economic and minority neighborhoods.

Get Out of Jail"Too many in prison." "It costs too much." "We have to reduce the prison population." "Support legislation to help cut the incarceration rate." It seems that the plan of our criminal justice planners is to leave many convicted criminals on our streets to save money. That plan, in effect, will simply transfer the cost of crime from our state government to innocent victims who will then suffer the losses at the hands of those criminals.

All this is reminiscent of the mid-1960s when crime policy was driven by the notion that "society" was somehow responsible for crime, not the criminal. As a result, the criminal justice system began to rely less on incarceration and more on social programs. Thus, the grand experiment began. Over the next 20-25 years the violent crime rate rose dramatically and our citizens, the victims of those crimes, paid an extraordinarily high and often tragic price.

In 1960 the chance of being a violent crime victim was 1 in 622
In 1970 the chance of being a violent crime victim was 1 in 276
In 1980 the chance of being a violent crime victim was 1 in 168 (4 times greater than 1960)

By the 1980's the public demanded a response to the increased crime rate, and legislatures responded with mandatory sentencing laws. Finally, 20-25 years later, in 2008, Lexington enjoys the lowest Part I crime rate in the last 33 years.

So now we are being urged to repeat a slightly different version of what was done in the 1960's. This time they seem to have put a price tag on the safety of our citizens, and some of our citizens will have to pay a higher price than others. Unfortunately, those of us who live in the high crime areas of our city will bear the highest cost of this latest experiment.

Most believe that the safety of our citizens is the most important responsibility of our government. Those who would urge the elimination of incarceration as a consequence for criminal behavior, or even put a price tag on the safety of our citizens, must bear the enormous moral burden of injuries, death and losses which may occur to the unfortunate new victims of the criminals that our decision makers determine should be left on our streets.

Be careful, decision-makers -- you have been elected and appointed to look after our safety. Everyone's safety. Your decisions will impact lives, health and property. Before every decision is made which affects the criminal justice system and our citizens, I hope our decision-makers will ask themselves this question:

Will this decision increase or decrease the safety of our citizens?

Meet Lexington's Felony Prosecutors
 
Kathy Phillips

Kathy Phillips

Kathy Phillips has been a prosecutor with the Fayette Commonwealth's Attorney's Office for 11 years.  She completed her undergraduate work at Indiana University prior to receiving her Juris Doctor Degree at the University of Kentucky.

 

Kathy prosecutes all levels of crime, from Drug offenses, Burglary cases, to Capitol Murder.  Her areas of special expertise are Domestic Violence and Sexual Assault.  These cases are often more challenging due to the relationships between the perpetrators and the victims and the public's expectation of more evidence than is available.  Kathy actively serves and participates on numerous multi-disciplinary boards which work together to better investigate and prosecute these difficult cases.  She also conducts training programs for the police and other agencies on the intricacies and law involved in these cases.  Kathy is an integral part of the criminal justice system's proactive approach to attack and address these serious cases in our community.

Death Row Inmate Of The Week

What did this killer do to convince a jury to sentence him to death?

Roger Epperson

Roger Epperson
35 at the time
Male, White

This killer, Roger Epperson, along with Benny Hodge, stabbed a female victim 12 times with a butcher knife during a robbery at her father's home in Letcher County in 1985. The victim's body was found with the butcher knife stuck through her chest and imbedded in the floor. Also, her father was strangled with an electric cord but survived. The killer was arrested in Florida.

That's what he did.  He sentenced himself to death.

Cops & Robbers News
The Cease-Fire Project Will Provide Intensive Street-Gang Training For 50 Police And Prosecutors From Lexington And Central Kentucky
 
Gang Graffiti

Gang Graffiti

A recent meeting of the Cease-Fire Project Workgroup (Gun & Gang Violence Prosecution & Prevention Initiative) was devoted to gangs and the issues they are creating not only in our community but in the surrounding counties as well.  The police presented the results of their 60-day assessment of the presence of gangs in Lexington.

The need for gang investigation training was recognized as an immediate need. Furthermore, we recognized that gangs and their activities do not respect jurisdictional boundaries and any training offered should include law enforcement from the Central Kentucky region.

The Cease-Fire Workgroup determined that grant funds allocated to it would be better used to provide a comprehensive training opportunity for 50 prosecutors and law-enforcement officers from Lexington and Central Kentucky. As a result, those funds were re-allocated and will now fund a week-long training.

The class, recommended by the Federal Bureau of Alcohol, Tobacco & Firearms Enforcement (ATFE), entitled, "Street Gangs Identification & Investigation," will be taught by the Institute of Police Technology and Management (IPTM) which is affiliated with Northern Florida University and located in Jacksonville, Florida. The Cease-Fire Project will provide funding for class tuition, travel, lodging and meals for the participants.

One additional goal is to create a network of law enforcement officers who can meet regularly to share gang activity intelligence and focus on the issues surrounding gangs and their activities.

Representatives of the following agencies will attend the training:

 
Fayette Commonwealth's Attorney's Office
Fayette County Attorney's Office
Lexington Division of Police
  Homicide Unit
  Narcotics Unit
  D.E.A. Task Force
  C.L.E.A.R. Unit
  Intelligence Unit
  Community Services
  School Liaison Officer
  Patrol
Fayette County Sheriff's Office
Fayette County Detention Center
Fayette County Public Schools Law Enforcement
Fayette County Coroner's Office
Kentucky Department of Corrections
  Fayette County Probation & Parole Office
Richmond Police Department
Georgetown Police Department
Versailles Police Department
Nicholasville Police Department
Covington Police Department
Somerset Police Department
Recent Court Case
Charles Michael Smith, Jr. Is A Repeat Felony Offender.  His Felonies Are "Non-Violent Property Crimes."
 
Is this the type of criminal (Non-Violent Property) that the criminal justice system decision-makers do not believe should be in prison?
 
Hollinesworth Agard

Charles Michael Smith, Jr.

Court records show that Charles Michael Smith, Jr. is a prolific criminal. At the age of 35, he has a total of 35 convictions - 20 misdemeanors and 15 felonies - and is currently serving his third prison sentence.

In June of 2005, Smith was arrested in connection with a vehicle chase through the Kentucky Horse Park. He made bond and was arrested several times over the next few months, mainly for stealing items from cars (commonly referred to by the police as Larceny from Automobile, or "LFA") from locations which included YMCA parking lots, the University of Kentucky, and a hospital day care center.

Smith pled guilty to several felony charges and received a sentence of probation. He was arrested again while on bond, pled guilty to another series of LFA crimes, and was ultimately sentenced to seventeen years in prison. Many of the victims of his crimes took the time to contact the judge and appear in court at the sentencing. Restitution was set at well over a thousand dollars. Smith will be eligible for parole in June of 2008.

Under Kentucky law, Smith is not considered a "violent" offender. His record clearly shows his unwillingness to follow the law and his indifference to the community; however, this is precisely the type of prisoner that would be released under a cost-cutting alternative sentencing plan.

  

Charles Michael Smith, Jr.'s Priors:

Date/Location Felony Convictions Sentence
May, 1994
Jefferson Co.
Theft by Unlawful Taking
Fraudulent use of a Credit Card
3 years in prison
December, 1998
Hardin Co.
Burglary
Theft by Unlawful Taking
10 years in prison
May, 2006
Fayette Co.
Wanton Endangerment
Fraudulent Use of a Credit Card
Persistent Felony Offender
7 years probated
for 5 years
August, 2006
Fayette Co.
Theft by Unlawful Taking
Persistent Felony Offender
10 years in prison,|
plus 7-year sentence
for probation violation

CRIME ANALYSIS:  Statistics Tell A Story
Larson Pleased By 97.4% Conviction Rate On Drug Cases Over The Last 12 Years
by Maureen Ratliff
 
Maureen Ratliff

Maureen Ratliff

Since 1996, the Fayette County Grand Jury has returned felony drug indictments against 4,456 defendants.
 
The Office of the Fayette Commonwealth's Attorney obtained a conviction in 4,340 of those felony drug cases over a 12-year period, for a conviction rate of 97.4%.  116 cases are awaiting trial in Fayette Circuit Court.
 
Office News
Leadership Lexington's Public Safety Day
by Maureen Ratliff
 
Leadership Lexington Class

Leadership Lexington Class 2007-2008

As a newcomer to the city of Lexington, I had the opportunity to join the Leadership Lexington Class for Public Safety Day.  Ray Larson, the Fayette Commonwealth's Attorney, helped plan the day and asked me to go along.  Not knowing what to expect or anything about the program, I went in as a blank slate.  I learned so much and am glad for the opportunity.

 

Leadership Lexington is a 10-month program which educates local professionals about the issues and concerns of the community.  The participants range in age, race, and profession, but what they all seem to have in common is a love for their community and a drive to do whatever can be done to make this city the best that it can be.  Thanks to this program, local bankers, educators, lawyers, public relations and marketing agents and many more professionals collaborate, network and learn more about the city of Lexington.

 
Leadership Lexington #5

Chris Gillum shows us the facility

 

Leadership Lexington #4

We began the day with breakfast

March 13, 2008 was the group's Public Safety Day.  The day began at the Fayette County Juvenile Detention Center.  During a breakfast of coffee and doughnuts, we listened to important crime statistics in our area and heard about the direction in which legislation is heading and how law enforcement will have to deal with the changes.  We were challenged with questions on our knowledge of the criminal justice system.  Ready for a tour of the facility, we visited the dorm-style rooms, library, dining hall, control station, gym, and orientation zone.  The center should be commended for its cleanliness and discipline by a very caring staff.  Our group was very impressed and pleased to see this.

 
Leadership Lexington #8 Leadership Lexington #7

Maureen in the adult time-out chair

Vitale experiences the holdover

  

Leadership Lexington #6

At the Fayette County Detention Center

We then boarded a bus and headed to the Fayette County Detention Center.  At first glance, the center may be confused with a horse farm with its open land and green rolling hills, although inside it is all business.  We followed the same path a person takes when they are brought in on an arrest, starting in booking, to the pretrial area with rows and rows of phones and holding rooms, then moving on to the cells.  In the cells we walked openly among the inmates.  We were all glad to have all of the jailers in with us.  The time at the Detention Center was eye-opening for the group but everyone was ready for the next stop, the courts.

 
Leadership Lexington #2

Judge Sheila Issac talks to the group

  

Leadership Lexington #1

Sheriff Witt at the Courthouse

Our bus drove up to the Fayette County Courthouse.  Again, we followed the path a defendant would take to come to court for a hearing, conference or trial.  Guided by Sheriff Kathy Witt, we quickly understood that she is very serious about keeping the court employees and the public safe while the defendants are transported into the jail.  The process is time-consuming but very efficient.  Our visit into the courtroom was anything but ordinary.  After meeting a few of the assistant prosecutors, Ray and Judge Sheila Isaac lead us in an open discussion on issues concerning the courts.  I believe everyone enjoyed this 'discussion'.

  

Leadership Lexington #3

At the Police Department

A box lunch rejuvenated everyone as we prepared for our final stop of the day, the Lexington Police Department.  First we met several of the Assistant Commonwealth's Attorneys and learned about their jobs.  We listened to a brief but comprehensive overview of the Police Department from five of the six Assistant Police Chiefs.  We broke up into small groups to receive a more intimate and complete tour of what all goes on in the building.  We met Buck, the drug-sniffing dog, saw how they can recreate a vehicular accident, met a motorcycle officer, and viewed both the craziness and efficiency of the dispatchers' station.  Finally, we boarded the SWAT and Forensic vans.  The Police Department is a very complex operation with many facets which all work together to keep our community safe.

 

So what did I, a Los Angeles native, learn from this experience (besides the complexities of the criminal justice system)?  I learned how passionate Lexingtonians are about their city.  All of the employees who took time out of their day to show us around and answer our questions were so proud of the work that they do.  The professionals who take days out of their lives to participate in Leadership Lexington gain information on how they can help make Lexington a better city.  I can see why everyone is so dedicated to keeping this community safe and a place to be proud of.

Fayette Circuit Court Sentencings
Friday, March 14, 2008
3rd Division - Judge James D. Ishmael, Jr.
EDMONDS, Timothy Morton
 
Age:  44 

Timothy Edmonds

REPEAT OFFENDER.  Sentenced to 1 year in prison enhanced to 5 years for the prosecution's amended charge of Theft By Unlawful Taking and status as a Persistent Felony Offender and 12 months in jail for 1st Degree Fleeing or Evading the Police.  Sent to prison.
FLOWERS, John D. Jr.
 
 
Age:  42 

John Flowers

REPEAT OFFENDER.  Sentenced to 1 year in prison enhanced to 5 years for Receiving Stolen Property > $300 and status as a Persistent Felony Offender, probated 5 years.
KAVANAUGH, April Denise
 
 
Age:  25 

April Kavanaugh

Sentenced to 5 years in prison for 1st Degree Trafficking in a Controlled Substance, probated 5 years.
MOODY, Robert J.
 
 
Age:  29 

Robert Moody

Sentenced to 2 years in prison for the prosecution's amended charge of 3rd Degree Burglary, probated 5 years.  Required to pay restitution of $500.
ROBLES-RUIZ, Edmundo

Age:  33 

Edmundo Robles-Ruiz

ILLEGAL ALIEN.  Sentenced to 1 year in prison for each of 3 counts of 2nd Degree Criminal Possession of a Forged Instrument.  Sentences are to run concurrent for a total of 1 year in prison.  Sent to prison.
WHITE, Ashley Lynn
 
 
Age:  27 

Ashley White

Sentenced to 2 years in prison for Use/Possession of Drug Paraphernalia 2nd or > Offense, probated 5 years.
ZAVALETA-MARTINEZ, Hermilo

Age:  34 

Hermilo Martinez

Sentenced to 1 year in prison for 2nd Degree Possession of a Forged Instrument, probated 3 years.
 
4th Division - Judge Pamela Goodwine
BEAUMONT, Anthony C.
 
 
Age:  27 

Anthony Beaumont

Sentenced to 2 years in prison for the prosecution's amended charge of 1st Degree Possession of a Controlled Substance and 12 months in jail for Possession of Marijuana, probated 5 years.  Required to attend a re-entry program and undergo random drug testing.
CRUTCHER, Anthony Wayne

Age:  19 

Anthony Crutcher

Sentenced to 1 year in prison for the prosecution's amended charge of 1st Degree Possession of a Controlled Substance.  Sent to prison.
RIVERS, Kevin R.
 
 
Age:  24 

Kevin Rivers

Sentenced to 5 years in prison for the prosecution's amended charge of 1st Degree Trafficking in a Controlled Substance, probated 5 years.
RUTHERFORD, Rayvon Edward

Age:  38 

Rayvon Rutherford

Sentenced to 3 years in prison for Theft By Deception > $300, probated 3 years.  Required to maintain full-time employment and complete 20 hours of community service.
 
7th Division - Judge Sheila R. Isaac
JACKSON, Nathaniel Allen

Age:  56 

Nathaniel Jackson

Sentenced to 1 year in prison enhanced to 5 years for Operating a Motor Vehicle Under the Influence of Alcohol/Drugs 4th or Subsequent Offense and status as a Persistent Felony Offender and 30 days in jail for Driving DUI Suspended License 1st Offense.  Sent to prison.
OWSLEY, Anthony Wayne

Age:  47 

Anthony Owlsey

REPEAT OFFENDER.  Sentenced to 1 year in prison enhanced to 10 years for 2nd Degree Criminal Possession of a Forged Instrument and status as a Persistent Felony Offender, probated 2 years.  Required to pay restitution of $300.
PEREZ, Angelica
 
 
Age:  28 

Angelica Perez

Sentenced to 12 months in jail for the prosecution's amended charge of Receiving Stolen Property < $300 and 1 year in prison for Fraudulent Use of Credit Cards > $100 within a 6 month period, probated 1 year.  Required to pay restitution of $858.64.
8th Division - Judge Thomas L. Clark
FILZEK, Todd Carl
 
 
Age:  36 

Todd Filzek

Sentenced to 5 years in prison for each of 4 counts of Prohibited Use of an Electronic Communication System to Procure a Minor for a Sexual Offense.  Each sentence is to run concurrent for a total of 5 years in prison.  Required to register as a sex offender for life.  Sent to prison.
KOHONEN, Stephen Robert

Age:  23 

Stephen Kohonen

Sentenced to 1 year in prison for Theft By Unlawful Taking > $300, probated 5 years.  Required to pay restitution of $10,267.87 and obtain a GED within 2 years.
MCGEE, Aaron John
 
 
Age:  35 

Aaron McGee

Sentenced to 4 years in prison for Receiving Stolen Property > $300.  Sent to prison.
MONDELLI, George Wayne Jr.

Age:  32 

George Mondelli

Sentenced to 2 years in prison for 4th Degree Assault 3rd Offense, 12 months in jail for 2nd Degree Unlawful Imprisonment, 12 months in jail for 2nd Degree Stalking, and 30 days for 3rd Degree Criminal Mischief.  Sentences are to run concurrent for a total of 2 years in prison.  Sent to prison.
STEELMAN, Jason Allen
 
 
Age:  32 

Jason Steelman

Sentenced to 2 years in prison for the prosecution's amended charge of Conspiracy to Commit Trafficking in Marijuana < 5 lbs. and 12 months in jail for 2nd Degree Possession of a Controlled Substance, probated 4 years.  Required to serve 60 days of home incarceration with an electronic monitoring unit, attend a re-entry program, and complete 30 hours of community service.
YOUNG, James Douglas

Age:  25 

James Young

Sentenced to 1 year in prison for 2nd Degree Criminal Possession of a Forged Instrument.  Sent to prison.
9th Division - Judge Kimberly Bunnell
AGARD, Hollinesworth Henry

Age:  36 

Hollinesworth Agard

Sentenced to 12 months in jail for the prosecution's amended charge of 2nd Degree Wanton Endangerment and a $100 fine for Reckless Driving, probated 2 years.
BRYANT, Michael Dewayne

Age:  38 

Michael Bryant

REPEAT OFFENDER.  Sentenced to 1 year in prison enhanced to 6 years for the prosecution's amended charge of Assault Under Extreme Emotional Disturbance and status as a Persistent Felony Offender, 12 months in jail for the prosecution's amended charge of 2nd Degree Unlawful Imprisonment, and 12 months in jail for 3rd Degree Terroristic Threatening.  Required to pay restitution of $736.29.  Sent to prison.
BURDETTE, Alexander Wallace

Age:  21 

Alexander Burdette

Sentenced to 1 year in prison for 1st Degree Possession of a Controlled Substance.  Sent to prison.
JOHNSON, Kenny O'Neal
 
 
Age:  25 

Kenny Johnson

Sentenced to 1 year in prison for 2nd Degree Criminal Possession of a Forged Instrument, probated 2 years.
RANKIN, Vada Mandel

Age:  45 

Vada Rankin

Sentenced to 12 months in jail for the prosecution's amended charge of 1st Degree Criminal Trespassing, probated 2 years.
RAPIER, Shelly Lynn Jr.

Age:  31 

Shelly Rapier

Sentenced to 5 years in prison for 2nd Degree Burglary, probated 5 years.  Required to complete the Hope Center Program in jail.
SANDERS, David H.
 
 
Age:  36 

David Sanders

Sentenced to 12 months in jail for the prosecution's amended charge of Attempted 1st Degree Possession of a Controlled Substance, 12 months in jail for the prosecution's amended charge of Possession of Drug Paraphernalia, and 12 months in jail for Possession of Marijuana, probated 2 years.
SHUFORD, Frank Leavall

Age:  21 

Frank Shuford

Sentenced to 5  years in prison for 2nd Degree Burglary and 1 year in prison 4th Degree Assault.  Sentences are to run concurrent for a total of 5 years in prison.  Sent to prison.