Ray Larson, Commonwealth's Attorney

A Message from Ray the D.A.

Ray Larson    Fayette Commonwealth's Attorney

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AGGRESSIVE DRIVERS
 
Aggressive drivers -- who are they?
 
These high risk drivers climb into the anonymity of an automobile and take out their frustrations on anybody at any time.
 
They run stop signs and red lights, speed, tailgate and make hand and facial gestures, scream, honk and flash their lights.
 
When confronted by an aggressive driver:
 
Get out of their way;
 
Put your pride in the back seat.  Do not challenge them;
 
Avoid eye contact;
 
Ignore gestures and refuse to return them;
 
Report aggressive drivers to the appropriate authorities;
 
If you have a cell phone, and can do it safely, call the police.
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Issue: #10 March/2008
SignatureWelcome to our E-Newsletter
Feel free to forward our E-Newsletter to others.
 
TOP STORIES
 
Ray the D.A.'s Random Thoughts on the Criminal Justice System
Kentucky's Criminal Justice Council looking for ways to reduce prison and jail population.   Are we simply shifting the cost of crime from the state on to the backs of victims of crime?
Crime Victims' Voice
Third Annual "Second-Class Citizen" Luncheon & Recognition Ceremony, April 10, 2008.
We really don't think crime victims are second-class citizens, but that's the kind of treatment they receive by the criminal justice system.
Meet Lexington's Felony Prosecutors
Dan Laren focuses on burglars and "Operation Rat-Trap."
Death Row Inmate of the Week
This killer used a large knife to slash his victim's throat.  The knife was found protruding from her right temple.
Recent Court Case
Permit us to introduce a "Repeat Offender."
Last on American D.A. - LIVE
Clatsop County, Oregon District Attorney Josh Marquis discusses criminal justice issues with Jack Pattie and Ray Larson.
Cops & Robbers News
Short takes on illegal aliens, death penalty, voting right restoration for convicted felons, high school dropout rates, "life behind bars for juveniles."
CRIME ANALYSIS:  Statistics Tell a Story
Are first-time drug offenders filling up our prisons, as we have been told?  Our fact check says no.
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 
 
Kentucky Criminal Justice Council Looking For Ways To Reduce Prison And Jail Populations
 
The Kentucky Criminal Justice Council has been reactivated by Justice Cabinet Secretary J. Michael Brown. Brown is concerned about Kentucky's prison population and wants the Council to "develop immediate steps the state can take to reduce its prison and jail populations and find better solutions for non-violent offenders."

Some suggest reducing the amount of time served before an inmate is eligible for parole from 20% to 15% of an inmate's sentence. For example, a criminal serving a 5-year prison sentence would be eligible for parole after serving only 9 months.

Elimination of increased penalties for Repeat Offenders has also been proposed. This, in light of a recent report which found that from 1996 through 2007, 2,967 repeat offenders prosecuted in Lexington have collectively 41,126 prior criminal convictions. That is an average of over 14 prior criminal convictions each.

The Council's marching orders to reduce the inmate population comes at a time when Lexington leaders proudly announced the lowest Part 1 crime (serious crimes) rate in the past 33 years. Warren County Commonwealth's Attorney Chris Cohron said, "we cannot jeopardize public safety. Safety of the public is our primary responsibility."

These are the members of the Kentucky Criminal Justice Council: 
J. Michael Brown Jack Conway Kathy Stein
J. Michael Brown
Secretary, Kentucky Justice & Public Safety Cabinet
Jack Conway
Kentucky Attorney General
Kathy Stein
Kentucky Representative, Chair, House Standing Committee on Judiciary
Robert Stivers Daniel Goyette Charles Geveden
Robert Stivers
Kentucky Senator, Chair, Senate Standing Committee on Judiciary
Daniel T. Goyette
Jefferson County, Kentucky, Chief Public Defender, President, Kentucky Association of Criminal Defense Lawyers
Charles Geveden
Deputy Secretary , Kentucky Justice & Public Safety Cabinet
Rodney Brewer John Bizzack J. Ronald Haws
Rodney Brewer
Commissioner, Kentucky State Police
Dr. John W. Bizzack
Commissioner, Kentucky Department of Criminal Justice Training
J. Ronald Haws
Commissioner, Kentucky Department of Juvenile Justice
Gregory Howard Jason Nemes Erwin Lewis
Gregory G. Howard
Commissioner, Kentucky Vehicle Enforcement
Jason M. Nemes
Director, Kentucky Administrative Office of the Courts
Erwin W. Lewis
Public Advocate, Kentucky Department of Public Advocacy
LaDonna Thompson Brucie Moore Chris Cohron
LaDonna H. Thompson
Commissioner, Kentucky Department of Corrections
Brucie Moore
Union County, Kentucky County Attorney
Chris Cohron
Warren County, Kentucky Commonwealth's Attorney

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The next meeting of the Kentucky Criminal Justice Council is scheduled for April 28, 2008.  We will continue to report on their activity.
Crime Victims' Voice
Fayette County Victims' Rights Week
Kick Off
 
Please join us for our Third Annual
"Second-Class Citizen"
Luncheon & Recognition Ceremony
Thursday, April 10, 2008
 
2008 Victims' Rights WeekJustice for VICTIMS
Justice for ALL
 
NO!  We don't really think victims of crime are second-class citizens, but the treatment they receive by the criminal justice system sure leaves them with that impression.  So, this year . . . let's get together and:
 
Honor some of our Heroes and point out some Zeroes;
 
We will laugh a little, cry a little, and re-energize ourselves as we continue to demand that our elected leaders, lawmakers and courts realize that crime victims should be treated better than the criminals who victimize us.
 
In keeping with our treatment and theme, the menu for our "Second-Class Citizen" Luncheon and Recognition Ceremony will consist of hot dogs (meat and veggie), chips and a cookie.  We promise you will enjoy yourself.
 
The luncheon will be at the Cooperative Extension Office, 1140 Red Mile Place, Lexington, Kentucky, on Thursday, April 10, 2008, at 12:00 noon.  There is no charge, but we need to know if you plan to attend.  Please RSVP to (859) 246-2060, Crime Victim's Assistance Office.
Meet Lexington's Felony Prosecutors
 
Dan Laren

Dan Laren

Dan Laren has been an Assistant Commonwealth's Attorney in Fayette County for over 10 years. He served in the United States Army Military Police and earned a degree in Criminal Justice from Michigan State University. Dan is a graduate of the University of Kentucky College of Law, where he was elected President of the Student Bar Association.

Like all the prosecutors in the office, Dan has tried a wide variety of cases, from simple Shoplifting charges to Capital Murder trials.  In 2002 Dan began to work with "Operation Rat Trap", a program created by the Commonwealth's Attorney to deal with Burglary and related crimes in Fayette County.  Dan is an avid fan of Jimmy Buffett and a past president of the local Michigan State University Alumni Association Chapter.  "Dan is a valuable part of our prosecution team," says Ray Larson.

Death Row Inmate Of The Week

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

Samuel Fields

Samuel Fields
21 at the time
Male, White

During the early morning hours of August 19, 1993, in Carter County, this killer entered the home of an 84-year-old woman through a back window.  He stabbed the victim in the head and slashed her throat.  The victim died as a result of multiple sharp force injuries of the head and neck.  The large knife used to slash her throat was found protruding from her right temple.
 
This killer was tried and sentenced to Death in 1997.  That Death sentence was reversed for retrial and in January, 2004, he was re-sentenced to Death.
 
That's what he did.  He sentenced himself to death.
Recent Court Case
Permit Us To Introduce A "Repeat Offender"
 
Jason Dewayne Riley

Jason Dewayne Riley

The criminal justice system is full of repeat offenders like Jason Dewayne Riley. On April 16, 2007, Riley assaulted two police officers that were attempting to arrest him for a probation violation stemming from past felony Burglary charges. Riley attempted to assault the officers with a baseball bat, and also attempted to take an officer's weapon from its holster.  He bit and then burned one of the officers by knocking over a pot of boiling water during the struggle.  After his April arrest, Riley was released on bond in July of 2007.
 
On September 27, 2007, Riley robbed the Perkins Restaurant on Richmond Road. Riley entered the restaurant, ordered two blueberry muffins and then threatened an employee, indicating he had a gun under his shirt. He fled the restaurant with $125.00.  Shortly thereafter, both the threatened employee and an acquaintance of Riley's that worked at the restaurant identified Riley through a photo line-up.

Able to evade the police for a while, Riley was pulled over for a traffic violation in October, 2007, and arrested for the outstanding warrants. Since his release on bond in July, Riley committed seven new crimes, ranging from Fleeing and Evading to Theft by Deception. Riley is now in prison serving a 15-year sentence for Robbery, enhanced by his status as a Persistent Felony Offender

Article by Mary "Katie" Parrott
Mary Parrott
Last On American D.A. - LIVE
Joshua Marquis, D.A., Clatsop County, Oregon 
 
Joshua Marquis

Joshua Marquis

Josh Marquis is the District Attorney for Clatsop County, Oregon. He has served as Vice President of the National District Attorneys Association and is a sought-after guest on national news shows as a spokesperson for America's prosecutors. Because of his vast knowledge of criminal issues and his willingness to address them publicly, Josh has become the face and voice of prosecutors.

Listen as Jack Pattie, Josh Marquis and Ray Larson discuss many of the important issues facing the criminal justice system today.

Click here to listen to the program (may take a few minutes to load).
Cops & Robbers News
Larson Seeks Prosecution And Deportation Of Illegal Aliens Who Commit Felonies
 
"It is problematic when public offices are used to feed...the ideology of the extreme right that in no way represents the majority.  Commonwealth Attorney Ray Larson compromises the impartiality of the law..."  La Voz, 3/24/08.
 
This diatribe appeared in La Voz, a local English/Spanish language newspaper, and is in response to Ray Larson's decision to determine the immigration status of individuals charged with felonies (serious crimes) and seek deportation of those who are determined to be illegal and convicted, rather than releasing them back onto our streets after they have served their sentence.
 
So far, 48 defendants who are charged with felonies have been determined to be illegal aliens.  The federal I.C.E. agents have lodged detainers against them.  If convicted, and after they have served their sentence, they will be deported, not released back onto our streets.
 
Crimes the 48 have been charged with include:
 
Drug trafficking (16)
Criminal Possession of a Forged Instrument (13)
Assault (3)
Promoting Contraband (2)
Rape (2)
Burglary (2)
Receiving Stolen Property (3)
Intimidating a Witness (1)
Criminal Abuse (1)
Tampering (1)
ID Theft (1)
Robbery (1)
Wanton Endangerment (1)
Complicity to Murder (1)
 
Editor's Comment:  I intend to prosecute people who commit felonies in Lexington whether the editors of La Voz like it or not.  Maybe they should spend more time convincing their readers not to commit crimes.  Then they wouldn't have to deal with the court system.
 
Death Penalty Executions Deter Other Murderers

 

A series of academic studies over the last half dozen years have found that the death penalty acts as a deterrent to murder. They also found that speeding up executions would strengthen the deterrent effect of the death penalty.

 

"The studies do really draw a conclusion, there's no question about it," said the economics professor who conducted the study.  The conclusion is "there is a deterrent effect." He further concluded that, "Each execution results in five fewer homicides, and commuting a death sentence means five more homicides."

 

The author, a death penalty opponent, says, "My results show that the death penalty deters murder, what am I going to do, hide that fact?"

 

Editor's Comment: You sure didn't see much about this in the mainstream media, did you? Gosh, do you think the media might be opposed to the death penalty? 

 

Governor Makes Restoration Of Right To Vote For Convicted Felons Easier

 

Governor Steve Beshear recently announced that he is removing certain barriers in the application process to restore voting rights to convicted felons who have fulfilled the requirements of their sentence.  Prior to Beshear's announcement, convicted felons who sought the right to vote again were required to pay a $2.00 fee, write an essay, and provide three recommendations. 

 

Editor's Comment: Many object to "automatically" restoring the right to vote to felons who have served their sentences.  They feel that individuals who have shown they are unwilling to follow the law cannot claim to make laws for the rest of us without showing that they are rehabilitated. They believe that convicted felons can "earn" (the right to vote again) but it should not be "automatic". 

 

Our experience with felons seeking restoration of the right to vote: In the past 4 years our office has received 66 applications for the restoration of voting rights. Most of the letters (essays) are obviously sincere and the applicants are rehabilitated.  We have objected to 10 of the applications for the following reasons: Homicide convictions, Sexual Assault convictions, convictions for extremely violent crimes, and when the applicant still owes restitution to their victim.

 

High School Dropout Rates

 

Among youth age 16 to 24, Hispanics accounted for 41% of all current high school dropouts in 2005, however, they only made up 17% of the total population.

 

Source:  Child Trends DataBank, March 7, 2008

 

Editor's Comment: This is a scary statistic given the influx of illegal aliens into our country.  Why scary? Because young people who drop out of high school are unlikely to have even the minimal skills necessary to survive in today's increasing complex society and technological workplace.  Too many will likely end up on the welfare roles.  

 

Some States Considering Laws Aimed At Cracking Down On Illegal Immigrants

 

Kansas and Missouri are taking a hard look at proposed laws aimed at cracking down on illegal immigration.  At the top of the list are proposals to require businesses to check job applicants against a federal database of illegal workers, known as E-Verify. Refusal by businesses or those found to be knowingly hiring illegals would face penalties.  Other proposals would require police to assist in the enforcement of federal immigration laws, prohibit state benefits to illegals, and increase the penalties for identity theft.

 

Editor's Comment:  It appears that Kansas and Missouri have seen the success of Oklahoma and Arizona laws and may do the same.

 

Kentucky Senate Approves Tougher "Bully" Law 

 

The Kentucky state senate recently passed a "bullying bill" which would require school officials to report all incidents of harassment and intimidation to law enforcement officials and require an investigation.

 

Editor's Comment:  Parents want their kids to go to school to be educated, not be involved in hand-to-hand combat.

 

"Life Behind Bars" For Juvenile Killers?

 

Some states are now weighing how the criminal justice system should treat some of it's most violent juvenile offenders, Murderers. Illinois, for example, is considering a law which would give 103 killers - most convicted of unusually brutal murders - a chance at parole, while outlawing a "life without parole" for future juvenile murderers. Advocates of the proposal criticize the lack of leniency for a juvenile's "lack of judgment."

 

Editor's Comment:  It's as if these people are saying, "Oh, kids will be kids."  This is MURDER!  Someone's life was brutally taken.

CRIME ANALYSIS:  Statistics Tell A Story
The "Let 'Em Out Of Prison" Crowd Keeps Telling Us, "First-time Drug Offenders Are Filling Up Our Prisons."  So We Decided To Check The Facts
by Maureen Ratliff
 
Maureen Ratliff

Maureen Ratliff

On February 7, 2008, there were 1,717 inmates in the prison system from Fayette County.  We reviewed all of them and found 63 whose crime was listed as "Drug (1)."  We assumed that meant one drug charge, so we reviewed their criminal records.
 
 
Here is what we discovered about those 63:
 
61 had prior misdemeanor convictions;
43 had prior felony convictions;
48 had been probated on their drug conviction but refused to comply with the conditions set by the judge, and, after several "second" chances had their probation revoked;
31 had been probated and sent to Drug Court for treatment, but failed to comply with the rules of Drug Court and, after several "second" chances had their probation revoked;
2 had been convicted of only 1 drug offense.  However, 1 was convicted of cultivating 5 or more plants of marijuana; the other possessed more than 5 pounds.
 
Our fact check reveals that what we are being told, "first-time drug offenders are filling our prisons," just is not accurate (at least from Fayette County).
Fayette Circuit Court Sentencings
Friday, March 21, 2008
 
3rd Division - Judge James D. Ishmael, Jr.
ANDREWS, Charles Mark


Age:  36

Charles Andrews

Sentenced to 1 year in prison for each of two counts of Flagrant Non-Support.  Sentences are to run consecutive for a total of 2 years in prison, probated 5 years.  Required to pay restitution of $19,862.68.
CHAVEZ-DUARTE, Oscar


Age:  40

Oscar Chavez-Duarte

Sentenced to 4 years in prison for the prosecution's amended charge of Conspiracy to Commit Trafficking in a Controlled Substance 2nd Degree.  Sent to prison.
MANGRAM, Lacourtney Keionne
 

Age:  28

Lacourtney Mangram

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 the prosecution's amended charge of 2nd Degree Possession of a Controlled Substance, probated 3 years.
7th Division - Judge Sheila R. Isaac
DAWSON, James Allen

Age:  19

James Dawson

Sentenced to 5 years in prison for 2nd Degree Burglary and 12 months in jail for the prosecution's amended charge of Receiving Stolen Property < $300.  Required to pay restitution of $550.  Sent to prison.
GARRISON, Quintin Lamarr

Age:  25

Quintin Garrison

Sentenced to 12 months in jail for the prosecution's amended charge of Criminal Attempt Possession of a Controlled Substance 1st Degree, probated 1 year.  Required to undergo random drug testing and maintain full-time employment.
GOODE, Chasity Hope

Age:  27

Chasity Goode

Sentenced to 1 year in prison for 1st Degree Fleeing or Evading the Police, 12 months in jail for the prosecution's amended charge of Use/Possession of Drug Paraphernalia, 14 days in jail and a $200 fine for Operating a Motor Vehicle Under the Influence of Alcohol/Drugs, and 30 days in jail for Leaving the Scene of an Accident/Failure to Render Aid or Assistance, probated 1 year.  Required to spend 14 days in jail.
HUDSON, William Joseph

Age:  25

William Hudson

Sentenced to 2 years in prison for Theft By Unlawful Taking > $300, probated 3 years.  Required to pay restitution of $1,403.26, enter and complete the Hope Center Program, obtain a GED, maintain full-time employment, and undergo random drug testing.
TOLLIVER, Donald Edward

Age:  69

Donald Tolliver

Sentenced to 3 years in prison for the prosecution's amended charge of 1st Degree Possession of a Controlled Substance, probated 2 years.
 
8th Division - Judge Thomas L. Clark
COYLE, Anthony M.


Age:  17

No Picture

Sentenced to 7 years in a juvenile detention center for the prosecution's amended charge of 2nd Degree Robbery and 12 months in jail for the prosecution's amended charge of Theft By Unlawful Taking < $300.  Sent to juvenile detention.  To be re-sentenced on his 18th birthday when he becomes an adult.
ESCOBAR, Augustin Valmir
 
 
Age:  20

Augustin Valmir Escobar

Sentenced to 12 months in jail for the prosecution's amended charge of 1st Degree Criminal Trespassing, probated 2 years.  Required to obtain a GED within 1 year.
HAMILTON, Jerry Wayne


Age:  52

Jerry Hamilton

Sentenced to 15 years in prison for Attempted Murder.  Sent to prison.
YOUNG, Michelle Lynn


Age:  33

Michelle Young

Sentenced to 12 months in jail for the prosecution's amended charge of Criminal Attempt Tampering with Physical Evidence, probated 2 years.