Ray Larson, Commonwealth's Attorney

A Message from Ray the D.A.

Ray Larson    Fayette Commonwealth's Attorney

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Workplace Violence
 

Workplace violence is the leading cause of death among female workers in the U.S. and the second leading cause of death for men.

 

In 1997 --

 

856 employees were killed on the job;

 

731 died during robberies--

 

336 in retail (convenience stores, fast food, gas stations);

 

124 in service industry (taxis, hotels, auto repair, security guards)

 

125 other workplace homicides;

 

83 involved vindictive customers and co-workers;

 

42 involved angry relatives or acquaintances.

 

Aside from the homicides, 18,000 are assaulted every week on the job. 85% of those assaults are, like homicides, committed by the same circumstances.

 

Tips:

 

Workplace violence will not be a simple problem to solve.

 

Employers should adopt a "zero tolerance" policy against employee-to-employee violence in the workplace.

 

A clearly defined and articulated policy is important, and a fair and even-handed discipline procedure for violators should be in place.

 

Awareness of surroundings is critical.

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Issue: #14 April/2008
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TOP STORIES
Criminal Justice News & Views
Who says gambling wasn't passed by the Legislature?  The early release of convicts is a dangerous and potentially tragic gamble with the safety of our citizens.
Legislative Update
Language in the Kentucky Budget for 2009 & 2010 permits Class C & D felons to "stay at home" for punishment.  (It's called "Home Incarceration").
Legislative Wrap-Up
Criminals were the big winners and the safety of our law-abiding citizens was the big loser.
Meet Lexington's Felony Prosecutors
Brad Bryant's focus is on the investigation and prosecution of crimes involving firearms.
Last on American D.A. - LIVE
The murder case of 18-year-old newlywed Megan Liebengood is discussed.
Death Row Inmate of the Week
This killer murdered a 73-year-old woman by beating her to death, shattering her skull.
Recent Court Case
Escape conviction returns felon to penitentiary.
Immigration Update
Arizona has become a laboratory in the battle against illegal immigration.
Grand Jury News & Trial Schedule
Want to know what cases were Indicted, Dismissed, or Transferred Back To District Court by the Grand Jury and what cases are set for trial?  Check it out here.
Last Week's Circuit Court Sentencings
Who went to prison and who was probated.
Criminal Justice News & Views
Who Says Gambling Wasn't Passed By The Legislature?
DiceThe early release of convicts is a dangerous and potentially tragic gamble with the safety of our citizens
 
The plan to release convicts from prison:
Our Governor, Lawmakers, Secretary of Justice Cabinet and other criminal justice policy-makers are now trying to save money by releasing hundreds, if not thousands, of convicts from our prisons early.

 

Lawmakers recently approved legislation that would grant early release to as many as 2,000 convicts and thereby try to save the state nearly $50 million.  It is a drastic and potentially dangerous budget cutting gamble with the safety of our citizens.

 

The safety of the public vs. "saving" money:

"Public Safety" always ranks at or near the top of almost every public opinion survey about the issues most important to our citizens.  Clearly the public wants to be protected from offenders and wants them locked up so they cannot continue to prey on us again.

 

The experience of a number of states which have tried to save money by releasing convicts early have ended up costing money rather than saving money.  It is important to understand what the research has shown about the experience of those states, criminals and their criminal behavior in general.

 

The research concerning crime and criminals:

A 1982 Rand Corporation study of prison inmates found that the average inmate had committed 187 crimes the year before being incarcerated.  The study found that when criminals are released early, many commit a similar volume of crimes when back on the street.

 

Crimes Committed by Felons

Not Incarcerated

One criminal

Crimes Per Year 

Burglar

76-118

burglaries
Robber

41-61

robberies
Thief

135-202

thefts
Auto Thief

76-100

auto thefts
Forger

62-98

frauds
Con-man

127-283

frauds
Drug Dealer

880-1,299

drug deals

 
The cost of crime:
It is easy for criminal justice policy-makers to underestimate or ignore the tremendous costs of crime, particularly the cost of injuries and deaths.  Mark Cohen, a researcher for the U.S. Sentencing Commission, broke new ground in the area of the costs of crime in 1988 by using jury verdicts in personal injury cases to estimate the value of injuries to victims.

 

He found the cost to the victim and society for each rape is $51,058, each robbery $12,549, each assault $12,028.  (All in 1985 dollars).  Of course, these costs are invisible to all but the victims, who, unfortunately, are burdened by the decisions not to keep repeat offenders in prison.

 

Other states have learned a tragic lesson.  Will Kentucky?:

The experience of some states has shown the dangerous folly of trying to save money by reducing prison budgets by releasing convicts early.  For example:

 

Illinois' Tragic Experience With Releasing Prisoners Early Just To Save Money
 
In 1980, Illinois released 21,000 prisoners three months (90 days) before the completion of their sentences, in an effort to reduce the cost of incarceration.  But while they did save $60 million, those same prisoners (during the 90 days they otherwise would have still been in prison) committed:
 

23

Murders

32

Rapes

262

Acts of Arson

681

Robberies

2,472

Burglaries

2,571

Assaults

8,000

Other crimes

 
The state of Illinois did save $60 million.  However, the citizens of Illinois lost more than five times that amount - an estimated $304 million - in the direct and indirect costs to victims of the crimes committed by the convicts during the 90 days they would otherwise been behind bars.  Of course, that loss was not reflected in the Illinois state budget.  Their state budget showed only the $60 million savings.

 

Must we repeat the mistakes of the past?:

That is precisely the point.  Our elected leaders may save $50 million by releasing Kentucky convicts 6 months early.  But, in doing so, they will simply pass the tragic cost of future crimes from the state budget on the backs of our citizens who will then become the innocent victims of the crimes these released convicts will commit, while they should still have been behind bars.

 

Gambling with the safety of the public is a serious matter.  That's exactly what the elected leaders of Illinois did 28 years ago, and the citizens of Illinois were the BIG losers.  Why must we continue to repeat the mistakes of the past?

Legislative Update

Language In the Kentucky Budget For 2009 & 2010 Permits Class C & D Felons To "Stay At Home" For Punishment.  (It's Called "Home Incarceration).

 

Kentucky BudgetThe Legislative Budget contained language that "suspended" any Kentucky law that prohibited most Class C and D felons from serving their prison sentences at home (it's called "home incarceration").

 

Ignoring for the moment the fact that "budget language" becomes "law" without the usual hearings and opportunities for citizens to express their opposition or support for the "budget language," here are just some of the Class C felony crimes which the Legislature apparently thinks are okay for convicted criminals to stay at home instead of going to prison.

 

Here are just some Class C Felonies, conviction of which will result in the convicted criminal being "sent home":

 

Drug Crimes:

Selling Drugs to Minors

Trafficking in Controlled Substance 1st degree (drug dealers of Cocaine, Crack, Meth, Heroin, LSD)

Endangerment of a Child 3rd degree (example, manufacturing Meth in the presence of a child)

 

Criminal Attempt to Commit a Crime:

Attempted Robbery 1st degree

Attempted Assault 1st degree

Attempted Arson 2nd degree

 

Homicide Crimes:

Manslaughter 2nd degree

Fetal Homicide 3rd degree

 

Burglary Crimes:

Burglary 2nd degree (unlawfully entering a dwelling with intent to commit a crime)

 

Assault Crimes:

Assault 2nd degree

Terroristic Threatening 1st degree

 

Forgery Crimes:

Forgery 1st degree

Criminal Possession of a Forged Instrument 1st degree (forged social security cards, green cards)

 

Miscellaneous Class C Felonies:

Possession of a Handgun by a Convicted Felon

Use of a Weapon of Mass Destruction 3rd degree

Human Trafficking

Promoting Human Trafficking when victim is under 18 years old

Legislative Wrap-Up
Criminals Were The Big Winners And The Safety Of Law-Abiding Citizens Was The Big Loser
 
Jail BarsLots of prisoners will be getting "GET OUT OF JAIL FREE" cards.

 

The legislature enacted a law that will require the Department of Corrections to release lots of prisoners.  Some estimate as many as 2,000.

 

A Criminal Justice Commission has been formed to figure out:

  • how to let even more criminals out of prison ASAP, and
  • how not to send criminals to prison in the first place, and
  • even if we must send criminals to prison, how can we send them for even less time than we do now.

Some of the ideas by this group include:

  • reducing the length of sentences for serious crimes, and
  • reducing the time a convicted criminal must spend in prison before being eligible for parole from 20% to 15%.
Meet Lexington's Felony Prosecutors
 
Brad Bryant

Brad Bryant

Brad Bryant is from Louisville, Kentucky.  He received a Bachelor of Arts in Economics at Centre College and his law degree from the University of Kentucky College of Law.

 
Brad joined the staff of the Office of the Commonwealth's Attorney in 2003.  His focus is on the investigation and prosecution of crimes involving firearms.
Last On American D.A. - LIVE
Commonwealth of Kentucky v. Patrick Cook, Michael Shepher & Robert Miller 
 
Megan Liebengood Cindy Rieker

Victim Megan Liebengood

Prosecutor Cindy Rieker

 
Megan Liebengood, an 18-year-old newlywed married only three months, was returning home to her apartment off Codell Drive shortly after 10:45 pm with her groceries on September 15, 2004.  Suddenly, 3 teenagers approached her and demanded her purse.  After realizing that she had no money, they eventually shot her four times in the back of the head and left her to die in the parking lot.
 
Patrick Cook Michael Shepherd
Robert Miller

Patrick Cook

Michael Shepherd

Robert Miller

Three teenage suspects were questioned a few days later.  Patrick Cook, 17, Michael Shepherd, 16, and Robert Miller, 16, were later arrested and charged with Murder, first-degree Robbery, and Tampering with Physical Evidence.  Cook eventually pled guilty to a 10-year sentence for Complicity to Robbery and testified at trial.  The jury returned a guilty verdict for Shepherd, the shooter, and recommended a life sentence without parole for 25 years for Murder, 20 years for Robbery, and 5 years for Tampering with Physical Evidence.  Miller was found guilty and the jury recommended 20 years for Complicity to Murder, 15 years for Complicity to Robbery, and 5 years for Tampering with Physical Evidence, for a total of 40 years in prison.

Assistant Commonwealth's Attorney Cindy Rieker discussed the murder case of Megan Liebengood with Jack Pattie and Ray Larson on American D.A. - LIVE on Friday, April 18, 2008.

Click here to listen to the program (may take a few minutes to load).
 
Death Row Inmate Of The Week

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

Johnathan Goforth

Jonathan Wayne Goforth
39 at the time
Male, White

On March 15, 1998, in Fayette County, Jonathan Wayne Goforth and accomplice Virginia Caudill entered the home of a 73-year-old woman and beat her to death, shattering her skull. After killing her, they ransacked her home and numerous items of personal property, including two guns, jewelry and a mink coat, were stolen.  They then placed her body in the trunk of her own car and drove her to a rural area in Fayette County and set the car on fire.  The victim was burned so badly that she could not be recognized.
 
Goforth was sentenced to Death on March 24, 2000.
 
That's what he did.  He sentenced himself to death.
 
From CCADP.org Death Row Online Pen-Pal Requests:
 
JONATHAN WAYNE GOFORTH   Seeking friendship.  Smile !  They're free !  I would like to correspond with anyone who needs a penpal to exchange smiles and discourse on anything, from the simple things to the complex, from gardening to geo-political issues.  Don't worry, what we don't know about, well, we'll just get a book and learn.   I love humor, music, and learning.  I have been a lot of places and done a lot of things.  How about your big adventure that we call life?  I would love to hear all about it.  I have worked as a carpenter, promoter, farmer and ran a remolding / building maintenance company.  My hobbies are computers, electronics, fishing, camping, and custom woodworking.  (All that I can't do here.)  I am into martial arts, body building and fitness.  I am currently studying Syda Yoga and Zen Buddism.  I have a fairly wide range of talents and interests.  If you would like to swap ideas, gripes, humor etc...All you need to do is write....Keep the Faith.
Recent Court Case
Escape Conviction Returns Felon To Penitentiary
 
Jeremy Lawton

Jeremy Lawton

In November of 2006, Jeremy Lawton pled guilty to Criminal Possession of a Forged Instrument and Possession of Marijuana and was sentenced to serve twelve months in the Fayette County Detention Center.  In July of 2007, Lawton was permitted to serve his sentence on home incarceration, with electronic monitoring, in order to take care of his seriously ill mother.  On August 21, 2007 Lawton cut off the electronic monitoring device.  He was subsequently arrested and charged with Escape and Persistent Felony Offender.

 

Criminal records show that Lawton, 23, failed to complete a probated sentence on a felony for Possession of a Controlled Substance, First Degree.  He has 7 prior misdemeanors for crimes including Unlawful Transaction with a Minor and Theft.

 

Lawton was convicted at a jury trial and sentenced to serve 6 years in the penitentiary.

 
Written by Intern Shannon Wheatley

Shannon Wheatley

Immigration Update
Arizona Has Become A Laboratory In The Battle Against Illegal Immigration
 

Arizona State SealArizona is the favorite entry point for illegal aliens trying to sneak into the United States.  In recent years it has barred illegal immigrants from receiving government services.  A new state law shuts down businesses that hire illegal workers.

 

What has been the effect so far?

  • Illegal immigrants now complain that they can't find good work and are leaving the state;
  • Smaller class sizes in the schools;
  • Shorter waits in area hospital emergency rooms.

By far the biggest effect has come from the new employment sanctions law which took effect in January of this year.

 
Under the new law any business caught hiring illegal immigrants is put on probation.  If caught again, the state revokes its business license.
 
Businesses are permitted to use "E-Verify" a federal pilot project which allows businesses to confirm the legality of their laborers.
Grand Jury News & Trial Schedule
To see the latest Grand Jury returns, including IndictmentsDismissals, and cases Returned to District Court, click on the dates below:
 
 
The Fayette Commonwealth's Attorney's Office Criminal Trial Schedule is updated each Monday.  To see our trial schedule, click here.
Fayette Circuit Court Sentencings
Friday, April 18, 2008
3rd Division- Judge James Ishmael
BROWN, Christopher Andrew II
 
Age:  29

Christopher Brown

REPEAT OFFENDER. Sentenced to 1 year in prison enhanced to 12 years for 2nd Degree Forgery and status as a Persistent Felony Offender, 6 months in jail for Fraudulent Use of Credit Cards >$300 within a 6-month period, 12 months in jail each for 5 counts of Fraudulent Use of Credit Cards <$300 within a 6-month period, all counts to run concurrently for a total of 12 years.  Sent to prison.
DAY, Demarco Antwan
 
Age:  40
Demarco Day
Sentenced to 5 years in prison for the prosecution's amended charge of Complicity to 2nd Degree Robbery.  Sent to prison.
DUNN, Tyson Raymont
 
Age:  30

Tyson Dunn

Sentenced to 10 years in prison for the prosecution's amended charge of 2nd Degree Robbery, probated for 5 years.
ESTRADA, Jesus
 
 
Age:  39

Jesus Estrada-Vasquez

Sentenced to 1 year in prison for Flagrant Non-Support, probated for 5 years.
MOBERLY, Christopher Michael
 
Age:  21

Chris Moberly

Sentenced to time served for the prosecution's amended charge of 2nd Degree Wanton Endangerment. In a separate case, sentenced to 10 years in prison for 1st Degree Burglary, 5 years in prison for Attempted Murder, and 10 years in prison for another count of Attempted Murder.  First 2 counts are to run consecutive for a total of 15 years in prison.  Sent to prison.
ROBINSON, Jerrell Lamar
 
Age:  29

Jerrell Robinson

Sentenced to 5 years in prison for the prosecution's amended charge of Failure to Comply with Sex Offender Registry, probated for 5 years.
TILLMAN, Clyde Edwin III
 
 
Age:  38

Clyde Tillman

Sentenced to 5 years in prison for the prosecution's amended charge of 1st Degree Possession of a Controlled Substance, 12 months in jail for the prosecution's amended charge of Possession of Marijuana, 5 years in prison for 1st Degree Attempt/Obtain a Controlled Substance by Fraud/False Statement to Practitioner, 12 months in jail for 3rd Degree Trafficking in a Controlled Substance, to run consecutively for a total of 10 years,  probated for 5 years.
WARREN, Jesse Lazarye
 
Age:  28

Jesse Warren

Sentenced to 12 months in jail for 1st Degree Fleeing or Evading Police, probated for 2 years.
WILLIAMS, Quantoria Romeiko
 
Age:  19

Quantoria Williams

Sentenced to 12 months in jail for the prosecution's amended charge of 1st Degree Criminal Trespass, probated for 2 years.
4th Division - Judge Pamela Goodwine
FOSTER, Brian Thomas
 
 
Age:  19

Brian Foster

Sentenced to 5 years in prison for the prosecution's amended charge of 2nd Degree Assault Under Extreme Emotional Disturbance, probated for 5 years. 
MADISON, Augustus Dyon
 
Age:  40

Augustus Madison

REPEAT OFFENDER.  Sentenced to 5 years in prison enhance to 10 years for the prosecution's amended charge of 1st Degree Possession of a Controlled Substance and status as a Persistent Felony Offender, 12 months in jail for the prosecution's amended charge of 2nd Degree Fleeing or Evading Police, 12 months in jail for the prosecution's amended charge of Use/Possession of Drug Paraphernalia 1st Offense, all counts to run concurrently for a total of 10 years in prison, probated for 5 years.
MURPHY, Willard Leroy
 
Age:  46

Willard Murphy

Sentenced to 5 years in prison for 1st Degree Possession of a Controlled Substance, 90 days in jail for Operating on a Suspended/Revoked Operator's License, 90 days in jail for Giving Officer False Name or Address, all to run concurrently for a total of 5 years, probated for 5 years.  Required to serve 6 months in jail.
YOUNG, Gregory Allen
 
 
Age:  51

Gregory Young

Sentenced to 5 years in prison for Theft By Unlawful Taking >$300, probated for 3 years.
7th Division - Judge Sheila R. Isaac
BECK, Todd Eugene
 
 
Age:  49

Todd Beck

Sentenced to 3 years in prison for 2nd Degree Criminal Possession of a Forged Instrument  12 months in jail each for two counts of the prosecution's amended charge of 3rd Degree Criminal Possession of a Forged Instrument and 12 months in jail for 1st Degree Fleeing or Evading Police all to run concurrently for a total of 3 years in prison.  Sent to prison.
BRUMLEY, Herbert Linberg
 
Age:  75

Herbert Brumley

Sentenced to 1 year for Failure to Comply with Sex Offender Registry, probated for 1 year.
BYRD, Sharon Yvette
 
Age:  37

Sharon Byrd

Sentenced to 5 years for Theft by Unlawful Taking >$300, probated 3 years. 
CONKWRIGHT, Kenneth Ray
 
 
Age:  33

Kenneth Conkwright

Sentenced to 1 year in prison for Theft by Unlawful Taking >$300, probated for 1 year.
EVANS, Tegwyn Benton
 
Age:  55

No Picture

Sentenced to 1 year in prison for Theft by Unlawful Taking >$300, probated for 5 years.
HUNT, Shaun Anthony
 
Age:  30

Shaun Hunt

Sentenced to 12 months in jail for Criminal Trespass.  Sent to jail.
POPE, Michael D


Age:  31

Michael Pope

Sentenced to 2 years in prison for the prosecution's amended charge of 3rd Degree Burglary.  Sent to prison.
VALLANCE, Melanie Rose

Age:  28

Melanie Vallance

Sentenced to 1 year in prison for 2nd Degree escape, probated for 2 years.
WHITE, Cas-Sandra Tanna

Age:  20

Cassandra White

Sentenced to 5 years in prison for the prosecution's amended charge of 1st Degree Possession of a Controlled Substance, 12 months in jail for the prosecution's amended charge of 2nd Degree Promoting Contraband and 12 months in jail for the prosecution's amended charge of Possession of Marijuana, all counts to run concurrently for a total of 5 years, probated for 3 years.
8th Division - Judge Thomas L. Clark
ASBURY, Gaspar George
 
Age:  31

Gaspar Asbury

Sentenced to 12 months in jail for each of two counts of the prosecution's amended charge of Facilitation to Traffic in a Controlled Substance.  Conditionally discharged 2 years.
BROWN, Jeremy Lee
 
Age:  19

Jeremy Brown

Sentenced to 7 years in prison for the prosecution's amended charge of 2nd Degree Robbery.  Sent to prison.
BYRD, Sharon Y.
 
 
Age:  37

Sharon Byrd

Sentenced to 5 years in prison for the prosecution's amended charge of 2nd Degree Robbery, probated for 5 years.
VILLASANA, Castro Arturo
 
 
Age:  32

Castro Villiasana

ILLEGAL ALIEN. Sentenced to 7 years in prison for the prosecution's amended charge of 2nd Degree Assault.  Sent to prison.
WALKER, Charles Thomas
 
Age:  20

Charles Walker

Sentenced to 3 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 to run concurrently, probated for 4 years. 
WINGATE, Carmica Noel
 
Age:  32

Carmica Wingate

Sentenced to 2 years in prison for Theft By Unlawful Taking >$300, probated for 5 years.
9th Division - Judge Kimberly Bunnell
JETT, James Meredith
 
 
Age:  25

James Jett

REPEAT OFFENDER.  Sentenced to 1 year in prison enhanced to 10 years for the prosecution's amended charge of 1st Degree Possession of a Controlled Substance and status as a Persistent Felony Offender, 12 months in jail for the prosecution's amended charge of Attempted Promoting Contraband, 12 months in jail for Carrying a Concealed Deadly Weapon, 30 days in jail for Giving Officer False Name or Address.  Sent to prison.
PORTER, Gabriel William
 
Age:  30

Gabriel Porter

Sentenced to 1 year in prison for Flagrant Non-Support, probated 5 years.
RODRIGUEZ, Esteban Garcia
 
Age:  19

Esteban Rodriguez

ILLEGAL ALIEN. Sentenced to 1 year in prison for Failure to Comply with Sex Offender Registration.  Conditionally discharged to Holders.